HomeMy WebLinkAboutMinutes 121499 Approved as submitted
DATE: 01/11/2000
„ANo MIN MINUTES
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ATASCADERO CITY COUNCIL MEETING
TUESDAY, DECEMBER 14, 1999
7:00 P.M.
REGULAR SESSION, 7:00 P.M.:
Mayor Johnson called the meeting to order at 7:00 p.m. and Council Member Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson
Absent: None
Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham
Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Fire Chief
Mike McCain, Community Services Director Brady Cherry,
Administrative Services Director Rachelle Rickard, Community and
Economic Development Director Paul Saldana, Community Services
Manager Geoff English and City Attorney Roy Hanley.
APPROVAL OF AGENDA:
Mayor Johnson recommended the City Council Reorganization be moved to after the
Management Reports.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve the agenda with the above recommendation.
Motion passed 5:0 by a roll-call vote.
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COMMUNITY FORUM:
Eric Greening, 6600 Lewis Ave., expressed his concerns with the City allowing any development
in the area where the Native American burial site was uncovered. He urged the Council to
require a cultural resource assessment be done of the area.
Jennifer Hageman, 8005 Santa Lucia, pointed out Code sections specifying lighting restrictions.
She explained the lights at Eagle Creek Golf Course are once again in violation of Atascadero's
Municipal Code. Mayor Johnson stated that staff is currently trying to get the lights shielded.
Mike Murphy, 9320 Santa Clara Road, stated the lights at the Eagle Creek Golf Course are back
on and are not shielded. He urged the Council to make Mr. Gearhart comply with the Code.
Mayor Johnson stated that the City Manager has been calling Mr. Murphy in an effort to solve
this problem.
Mayor Johnson closed the Public Comment period.
COUNCIL ANNOUNCEMENT AND REPORTS:
I Atascadero State Hospital Ex anp cion—Council Member Clay has requested Council
discussion and possible action regarding the City of Atascadero as a site for the
expansion of the Atascadero State Hospital.
Mayor Johnson asked the City Attorney to give a report on the concerns expressed about the
Brown Act with regard to a meeting held recently at the State Hospital. Mr. Hanley quoted from
the Attorney General's leading authority on the Brown Act, "When a majority of a legislative
body attends an open and publicized meeting held by a person or organization other than the
local agency on a matter of local interest, the legislative body is not deemed to be conducting a
meeting so long as the members in attendance do not discuss amongst themselves other than as
part of the scheduled program, issues of a specific nature related to the subject matter jurisdiction
of the body." Mr. Hanley explained that the meeting was scheduled and publicized by the State,
therefore the State was responsible for the meeting. He said that he knows it was publicized
because he read the article in the paper himself before the meeting, and he knows the public was
allowed to attend. He also stated that the Council Members did not discuss any issues among
themselves and were therefore in compliance with the Brown Act.
Mayor Pro Tem Arrambide read the following motion that the Council had approved concerning
this issue: "MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Scalise
to ask the State of California to consider Atascadero as a site for the expansion of this treatment
facility, that the process be for information gathering and environmental determination, and that
this decision, a community decision, be reserved for the end of the process." He wanted to
clarify that his motion was for the purpose of attaining all the information needed for the
community to make a decision. He commented that misinformation has been prevalent in the
last couple days and that he expects the true information to come in the near future.
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Mayor Johnson also clarified the Council is only asking for more information and not approving
this expansion.
Council Member Clay stated that he does not support the expansion of the Hospital, but he
respects the decisions of the other Council Members. He expressed his concerns with this
expansion. He stated that 90% of the citizens are against this expansion. He believes we are
leading the State Hospital on with the Council decision to be considered. Council Member Clay
commented that he respects the employees who work at the Hospital and stated that he
understands his fellow Council Members' decision. He urged that if public speakers do disagree,
do so without being disagreeable. Council Member Clay stated some alternatives to the
Council's previous decision. First would be to withdrawal from the process completely. He
commented that we have not heard anything from the State and negativism to building.
However, if we do not choose to withdraw from the process, another option would be to require
the State to educate the citizens in thirty days, and at the end of the thirty days conduct a survey
to determine the desire of the public. He stated that there is the possibility of placing it on a
ballot in November, but that is too far in the future.
Council Member Luna stressed this is not an expansion of the hospital but a new facility
dedicated to the care of sexually violent predators. He showed with an overhead transparency
and read a portion of SB 1976 which was approved in 1996 which read, "...Atascadero State
Hospital shall be used for this purpose only until a permanent housing and treatment facility is
available..." He stated that there are two other cities who want to host the permanent housing of
this treatment facility. He commented that if the SVP program is accepted, true there will be
more jobs, but the majority of the facility will be devoted to the SVP program. He stated that he
does not want these people in his community. He also stated that there is plenty of information
available. He expressed belief that Mayor Pro Tem Arrambide is looking for someone from the
Department of Mental Health who will do the public relations necessary to give the Council the
cover to vote for this expansion. He stressed that we do not want this in Atascadero (see
Attachment A).
Mayor Pro Tem Arrambide defended his earlier statement by saying that he requested a
community decision, not a Council decision.
Mayor Johnson explained the public participation process.
PUBLIC COMMENT
Mitzy McClure, 3301 El Camino Real, stated she did not give her correct name or address as she
was concerned for her safety. She expressed her opposition with the building of the new State
facility. She stated that currently we do not have enough people in Atascadero to fill the job
openings this proposal would create.
Raymond Jansen, 6655 Country Club Drive, stated quality of life involves more than jobs,
money, trade or commerce, He expressed concern that quality of life will not come from
expansion of the State Hospital.
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Laurie Pollington, 3070 Colima Road, expressed her feelings that she does not want Atascadero
to be considered for this facility. She urged the Council to keep the community as it is.
Laurie Bross, 5295 Malaza, stated that she agrees with Council Member Luna and the previous
speaker. She does not want a prison instead of the hospital.
James Woodard, 8605 Santa Lucia Road, expressed his opposition to the expansion.
Auryette Madison, shared with the Council her concerns with this proposal and showed the
Council a petition of opposition signed by many of her neighbors. She stated that out of 45
people, only one person wanted the facility, and one person did not care. She urged the Council
to vote "no."
Al Veracatera, 66570 San Anselmo, stated he worked at the Atascadero State Hospital when it
was first opened. He expressed his concerns with the building of this new facility and the
absence of information. He stated that these SVPs can not be treated.
Howard Marohn, Atascadero, asked the Council if the building of this facility is Smart Growth
and if it will benefit the residents or the developers. He also indicated that this facility will
permanently affect the image of this City.
Marinda Bradley, 4475 San Jacinto, said that she recently moved to Atascadero. She stated that
if this had been an issue at the time she was considering moving here, she would not have moved
as it destroys the image.
Marilyn Brown, 8455 Graves Creek Road, showed the Council a magazine from 1918 in which
E.G. Lewis stated that Atascadero will be a City of peace and security. She expressed her
opposition to this proposal.
Carol Ball, 7070 Marchant, indicated that with any large development there are extensive studies
required. She stated that she commends the Council for requesting information before making a
decision on this issue.
John Harris, 3995 Amargon, stated we already have three correctional facilities in the County.
He said that the facility Atascadero currently has is more than our fair share.
Felicia Hammon, asked why would we want more information when we already know we do not
want this facility in Atascadero. She also expressed some other concerns such as water,
employee involvement, and frivolous lawsuits.
John Bradley, 4475 San Jacinto, stated opposition to the project.
Roxanne, stated that she would like to see this project stopped before it ever starts.
Mel Hunter, spokesperson for the State Department of Mental Health, stated that he was raised in
Atascadero and has raised his children here. He assured the audience there has been no deals
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made with the Atascadero City Council concerning this facility. He stated that if the community
does not want this facility, the facility will not be built here. He explained that the City will
receive an income of 250 million dollars per year regardless of the economy if this expansion is
built.
Paul Gray, San Marcos Road, expressed his opposition to this new facility. He agreed with the
Council's statement that this should be a community decision.
Eric Greening, 6600 Lewis Ave., suggested the State should have consulted with the County
concerning water, etc. He stated that SVPs are clever at working the system and asked if the
County would be ready to handle these people. He urged the Council to respond to the desire of
the people.
John Heatherington, 7790 Yesal Ave., expressed his opposition to the building of a new"prison"
at Atascadero State Hospital. He stated that additional staff will be subject to extreme stress and
will relieve it through violence towards the inmates or family members.
John Moss, Ardilla Road, stated the Council said this will be a community decision; he asked
how and when this decision would be made. He expressed his opposition to this proposal.
Duane Powell, Graves Creek Road, said he is opposed to the facility expansion. He stated that it
is his understanding that if an inmate commits a crime while at the Hospital, he would be
released to that community. He expressed concern that the Council would want this project for
the revenue.
Rosemary Handy, showed the Council a petition with over 150 signatures of citizens opposing
the building of this facility in Atascadero. She stated she is concerned for the safety of our
citizens if there was an escape.
Dorothy McNeil, 8765 Sierra Vista, stated in a prepared statement that most of the employees in
Atascadero State Hospital are opposed to the building of this facility, and they feel the sexually
violent predators are extremely difficult to treat(see Attachment B).
David Crouch, expressed relief in hearing that no "deal"has yet been made. He stated that he
believes, as do many others, that money is not a substitute for the quality of life. He urged the
Council to not even consider this project.
Katie Ridge, 2353 Monterey Road, expressed her concern for the safety of our community in a
prepared statement read by her mother, Dixie Ridge.
Eileen Cunningham, 8707 Casitas, expressed her opposition to this proposal in a prepared
statement read by Barb Alword (see Attachment Q.
Pam Marshall, 7790 Yesal Ave., stated her opposition to the expansion of the facility and stated
that no further information is needed.
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Paul Weems, 7982 Santa Rosa Road, explained he worked at the State Hospital in the past. He
also explained that the inmates, when released, return to the County of their commitment. He
supports the Hospital and the Department of Mental Health.
Debbie, expressed concern for the safety of the children in Atascadero.
Dr. Kunazo, psychiatrist at the State Hospital stated that no amount of money is worth the
acceptance of something that will not benefit the community. He expressed opposition to the
expansion.
Kelly Morin Hines, 7480 Santa Ysabel #8, expressed her opposition to this proposal. She stated
that she and her daughter would rather see "Disneylands and waterslides"than a prison.
Virginia Powers, 7505 Carmelita, suggested the Council send out a survey to get the
community's response.
Livia Kellerman, 4563 Honda, stated the community is against this proposal as it is in the middle
of town.
Geraldine Brasher, 3202 Monterey Road, suggested they place the SVPs on Alcatraz.
Alice, new resident in Atascadero, expressed concern that the SVP program is not even
beneficial.
Steve LaSalle, complimented Council Member Clay for bringing this issue back for
reconsideration. He commented that he would like to see a community decision.
Sharon Moore, thanked Council Member Clay for bringing this issue back for reconsideration.
She expressed her concerns with this proposal and asked the Council vote "no" on this issue.
Jim Baker, Santa Ynez, stated as a contractor that these types of development project are given to
outside contractors. He expressed his opposition to this proposal.
Linda Mello, south Atascadero, stated she is opposed to the building of this facility. She
expressed concern that the community will lose control if the State is allowed to expand the
Hospital.
Erwin Manning, 10855 Santa Lucia, urged the Council to say "no" now to the project.
Mitzi McClure, (not her real name), stated that after tonight, only two Council Members will get
re-elected.
Marinda Bradley, stated that her husband attended the Main Street Program meeting and really
enjoyed it. She also commended the City for the Holiday Lighting Ceremony. However, she
stated that we do not need a SVP facility.
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Felicia Hammon, stated there are 80 vacant jobs at the Hospital now. She asked how the State
expects to fill the new jobs.
Fred Frank, 3615 Ardilla, asked the Council to oppose this facility right now, not after all the
studies are completed. He stated that one step will lead to another.
David Crouch, thanked Council Members Luna and Clay for their support of the community. He
asked the Council to listen to the public and make their decision accordingly.
Mayor Johnson closed the Public Comment period.
Council Member Clay expressed disappointment in some of the comments made. He stated that
he is proud of our community, and he does not see it as the home of the State Hospital. He
defended some of the Council Members saying that they have not seen everything that he has
over the years.
City Clerk Marcia Torgerson read into the record the following prepared statements in
opposition to the Atascadero State Hospital Expansion:
Helen McAdams, expressed her opposition to the building of a State Prison in our
community. She expressed concern for the safety of our children and families (see
Attachment D).
Maureen Hamilton, 7705 Carmelita Ave., stated that she is opposed to the expansion of
the mental facility and suggested some other city take on the project (see Attachment E).
Vivian Witzel, P.O. Box 530, stated that she does not support the expansion of the
Hospital. She also stated that the decision to do so would have a negative effect on our
city image and the several million dollars gained would not off-set the safety concern (see
Attachment F).
Charles and Neva Glenn, P.O. Box 897, expressed opposition to the proposed project or
even the consideration of such a project. They stated that it would burden our family-
oriented community and hurt our city's image (see Attachment G).
Becky Pacas, stated that she is opposed to the building of the facility for SVPs. She
claimed that Atascadero is too beautiful to be wasted on incarcerated persons (see
Attachment H).
Mrs. Harry W. Smith, 8950 Atascadero Ave., asked the Council to not even consider the
addition to the Hospital. She stated that we have already done our share of looking after
such people. (see Attachment I).
Paul and Sheree Ricketts, expressed their opposition to the proposed facility expansion in
a prepared statement. They stated that while it would provide additional job
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opportunities, these jobs would be filled by people outside of our community (see
Attachment J).
Council Member Luna stated Joseph Curtis called him expressing his opposition to this proposal
and asking that his view be made part of the record.
Council Member Clay stated Maggie Vandergon and Bonita Borgeson both called him stating
they are opposed to this expansion.
Mayor Johnson stated that Maggie Vandergon told him she could approve the addition of 500
new beds but not 1500.
City Clerk Marcia Torgerson read into the record the following prepared statement in opposition
to the Atascadero State Hospital Expansion:
Ellen Heinz, 7555 Carmelita Avenue, requested that the Council not allow the State to
build another prison for SVPs in Atascadero. She expressed concern for the City image
and stated that we have done more than our share in the housing of prisoners (see
Attachment K).
Mayor Johnson stated that current expansion at the Hospital has nothing to do with the City or
City Council. He also stated that the Council's position has been stated incorrectly and the
Council has not made any type of deal. He stressed that this was State initiated.
Council Member Scalise asked Mr. Hunter if the State has a timeline of their intentions and
asked if the State would be interested in conducting a survey of the community by a
private/independent firm.
Mel Hunter, spokesperson for the State Department of Mental Health, explained that, initially,
the State was unsure if there was a suitable building site in Atascadero. He stated that the State
approached the City prior to making decisions in order to gauge the interest of the community.
He also answered that the State would be interested in conducting a community survey and it is a
reasonable request.
Council Member Scalise asked about the timeline of educating the community. Mr. Hunter
stated that they began yesterday with the meeting. He stated that currently they are looking at
doing a community wide mailing of information packets with an invitation to come to a meeting
on the 201h and environmental impact reports are scheduled for March or April. He commented
that they can have evening and weekend meetings as needed.
Council Member Scalise stated that she would like to see the outcome of the survey. She
commented that she would like to hear from everyone in the community. Mr. Hunter stated that
they have begun the EIR at the Atascadero State Hospital, which is not any type of commitment.
Council Member Luna stated that he does not feel that any amount of public relations will
change the community's mind. He commented that an EIR does not address stigma of being the
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sexually violent predator capitol of California. He also stated that Mayor Johnson claimed this
project to be unplanned growth, which is not what we need. He stated that over time we will
gain more SVPs, eventually resulting in more of a prison than a hospital. Council Member Luna
presented two choices: stop this action now, which he favors, or ask the State to fund a vote of
the people.
Mayor Pro Tem Arrambide stated that he feels very uncomfortable with the discomfort
expressed tonight. He suggested that the State Department of Health Services initiate a
comprehensive information campaign that would prepare the voters in Atascadero to decide
whether or not to support the construction of a 1500 bed facility for sexually violent predators,
and this decision would be made at the polls in November of 2000.
MOTION: By Mayor Pro Tem Arrambide and Council Member Clay to
rescind the action by the Council requesting the Department of Health
Services to consider Atascadero for a possible site for the construction
of a 1500 bed facility for the sexually violent predators.
Motion passed 5:0 by a roll-call vote.
Mayor Johnson called a recess at 9:25 p.m.
Mayor Johnson called the meeting back to order at 9:40 p.m.
A. CONSENT CALENDAR: Roll Call
1. City Council Minutes—November 09, 1999
■ City Clerk recommendation: Council approve the City Council minutes of November
09, 1999 [Marcia McClure Torgerson]
2. City Council Minutes—November 23, 1999
■ City Clerk recommendation: Council approve the City Council minutes of November
23, 1999 [Marcia McClure Torgerson]
3. City Council Study Session Minutes—November 30, 1999
■ City Clerk recommendation: Council approve the City Council Study Session
minutes of November 30, 1999 [Marcia McClure Torgerson]
4. Request for Utility Easement on City Owned Parking Lot Property— 5835 Traffic Way
(Rentschler)
■ Fiscal Impact: The payment of$100 by the applicant would cover the fair market
value of the easement.
■ Staff recommendation: Council approve the request to grant a 2-foot wide utility
easement along the southwest side of the City-owned public parking lot on Traffic
Way at parcel 029-341-020 for an amount of$100.00. [Community Development]
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5. Acceptance of Final Parcel Map - #98010 /AT 98-104 - 5190 Aguila Road (Jones/
Cannon/Wilson)
■ Fiscallmpact: None
■ Staff recommendation: Council:
1. Accept the Final Map #98010 (AT 98-104); and
2. Accept a 6-foot wide Public Utility Easement along the frontage of Aguila Road.
City Clerk Marcia Torgerson pulled Item#A-2 for corrections to return at the next meeting.
Item#A-5 was pulled permanently by the Applicant.
MOTION: By Mayor Pro Tem Arrambide and seconded by Council
Member Clay to approve Items 9A-1,3, and 4.
Motion passed 5:0 by a roll-call vote.
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS:
1. Youth Center Options
■ Fiscal Impact: None
■ Staff recommendation: Council direct staff to discontinue efforts to renovate the
Atascadero Masonic Temple building as a Youth Center, initiate a fund-raising effort
and develop plans for a Gymnasium to be built on a site to be determined.
[Community Services]
Community Services Director Brady Cherry gave the staff report and answered questions of
Council.
Council Member Clay complemented the Council on their decision on the Atascadero State
Hospital Expansion proposal.
Council Member Clay stated that for the past fifty years we have need a recreation center in
Atascadero. He stated that he feels the money can be raised and our community will be proud of
what is accomplished. He presented a possible layout for the gymnasium (see Attachment L).
He stated that he would not like us to abandon the ownership of the Masonic Temple. He
expressed belief that we could build the gym with zero cost to the city by obtaining funds from
the public and the State. He stated that he would like the new facility to be available to all ages.
Council Member Luna stated that he would like staff to first look at the feasibility of such a
project. He also stated that he feels there is a need for a Parks and Recreation Plan. He
expressed support for Council Member Clay's statements.
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Mayor Johnson stated that he would like to separate any decision about the Printery from a
decision about a Youth Center. He also stated that he agrees with Council Member Luna's
thoughts on a Parks and Recreation Plan.
Mayor Pro Tem Arrambide expressed support for Council Member Clay's ideas.
Council Member Scalise stated that she also agrees with what has been said. She commented
that it would be helpful if the Main Street Program would coordinate information during this
process so that everything goes smoothly.
Council Member Clay stated that he agrees with Council Member Luna and feels that we are
trying to move in that direction. He commented that he would like to see the Parks and
Recreation Department create a site selection committee prior to a final decision.
PUBLIC COMMENT
Sandra Mathias, 4516 Yerba Ave., expressed the need of Atascadero for a Youth Center. She
stated that we need a facility where youth can have fun. She also stated that our young people
battle loneliness and a youth center would be an answer to this loneliness.
John McGoff, 9192 Maple St., commended Council Member Clay on proposing a plan for
developing a Youth Center. He expressed his agreement with the idea of the Main Street
Program and the Parks and Recreation Department working together on this project.
George Dodge, Chairman for the Youth Task Force and project director for Community LINK,
stated he strongly supports the development of a new youth facility as staff recommended. He
read some of the results of a youth survey for a youth center.
Randy Wright, Atascadero, owner of Promotion Sports, stressed to the Council the difficulty he
has in finding a facility for the youth he coaches during bad weather. He urged the Council to
move ahead with this proposal and plan big.
Jerry Tamelier, Sonora Ave., explained why a Youth Center is so important to this community as
he has worked with children in sports since 1983 in Atascadero. He stated that the High School
is short on facilities and the Recreation Department has a more difficult time finding facilities for
their programs.
Rick Mathews, 6950 Navarette Ave., stated he supports staffs recommendations and is in favor
of the building of a Youth Center. He stressed that we need a facility now. However, he
expressed that he would like the City to keep the Masonic Temple.
David Crouch, said that it is obvious that Atascadero needs a Youth Center. He also stated that a
project like this could help bring our community together. He applauded the Council for their
enthusiasm.
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Al Clark, 9435 El Bordo, stated that he agrees with options #2 and#6. He said he supports the
development of a Youth Center while retaining the Masonic Temple. He commended the
Council for their participation and efforts.
Lon Allan, 6850 Santa Lucia, President of the Atascadero Historical Society, urged the Council
to keep the Printery even if we lock the doors and leave it vacant for now.
Steve LaSalle, Atascadero, indicated he agrees with Lon Allan. He shared with the Council
some of his fond memories of his experiences in a Youth Center.
Jim Patterson, 9312 Santa Margarita Road, stated he supports the staff recommendation. He
explained to the Council that he read an article about a national convention of Police Chiefs
where they were asked what would they recommend to control youth. The result was 70% stated
that an investment in after-school youth programs would be very important.
Barbie Butz, 3370 San Fernando Road, Parks and Recreation Chairperson, thanked the Council
for considering the Commission's recommendations. She stated that we are ready for this
project. She also stated, as an ARC Committee representative, that $40,000 has been invested in
the Printery. She expressed belief of past Chairman George Beatie's support for tonight.
Andrew Charnley, 200 S. Main St., Templeton, stated in a prepared statement read by City Clerk
Marcia Torgerson that he pledges $20,000 towards the construction of a youth center. (see
Attachment M)
Mayor Johnson closed the Public Comment period.
Council Member Clay stated that the $250,000 pledged by Dennis Moresco could go towards
this project.
Mayor Pro Tem Arrambide asked that we make it clear to the Mason's that the City needs to
retain the Printery.
Mayor Johnson suggested that some direction be given to staff along the lines of a Parks and
Recreation Plan, including plans for the Printery.
Council Member Clay suggested abandonment of the concept of using the Masonic Temple as a
permanent Youth Center. He also recommended that the site selection process include City
Council negotiation with the Mason's.
MOTION: By Council Member Clay to abandon the concept of using the
Masonic Temple as a Youth Center, direct staff to develop a site
selection process, at completion involve the Council and public in a
tour of possible sites, and direct staff to negotiate with the Masons,
informing them that we wish to maintain the building if possible.
The motion died due to the lack of a second.
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Mayor Johnson stated he could entertain a motion which supported the staff recommendation.
Council Member Clay stated he would like to see a Youth Center/Community Center.
Council Member Luna recommended thinking bigger than just a gymnasium when choosing the
site.
MOTION: By Council Member Scalise and seconded by Mayor Pro Tem
Arrambide to approve the staffs recommendation and to include the
gymnasium and other facilities.
Motion passed 5:0 by a roll-call vote.
Council Member Clay asked how the Council is dealing with the Masonic Building.
Mayor Johnson replied, it was part of the direction to staff.
2. City Council 2000 Meeting Schedule
■ Fiscallmpact: None
■ Staff Recommendation: Council approve City Council meeting schedule for 2000.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
Arrambide to approve City Council meeting schedule for 2000.
Motion passed 5:0 by a roll-call vote.
3. Information Bulletin
Council Member Luna pointed out that under SMART Growth, in the 3rd paragraph,
"...supportive of community liability..." should be "...supportive of community livability..."
Council Member Clay suggested that an educational program be given on SMART Growth.
Council Member Luna suggested it be done at the joint Planning Commission-City Council
Meeting in February.
D. ATTORNEY REPORTS:
1. Urgency Ordinance Regulating�Gambling—Proposed interim ordinance.
■ Fiscal Impact: None
■ City Attorney recommendation: Council consider this item as an urgency item. The
Council may adopt Ordinance No. 369 as an urgency ordinance by a 4/5 vote.
City Attorney Roy Hanley gave the staff report and answered questions of Council.
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MOTION: By Council Member Luna and seconded by Council Member Clay to
extend the City Council meeting past 11:00 p.m.
Motion passed unanimously by a voice vote.
PUBLIC COMMENT
Robert Lilley, representative of Mr. Brown, owner of Outlaws, asked the Council to adopt the
urgency Ordinance.
Mayor Johnson closed the Public Comment period.
Mayor Johnson commented that he would not support an expansion of what it currently in place.
Mayor Pro Tem Arrambide commented that family values were quite important on the agenda
tonight and this item is incongruous with family values. He stated that he can not support this
item.
MOTION: By Council Member Clay and seconded by Council Member
Luna to adopt Urgency Ordinance No. 369, establishing gaming
regulations.
Motion passed 4:1 by a roll-call vote. (Arrambide opposed)
Mayor Johnson stressed that this is a temporary decision as a result of State action and wants the
Council to carefully look at a permanent ordinance in the near future.
CITY COUNCIL REORGANIZATION:
1. Council Appointment of Mayr—The City Clerk will accept nominations from the
Council Members
Mayor Pro Tem Arrambide explained he has conducted a survey of the other cities in the County
as to the election/appointment of the Mayor and shared his results. He believes that Atascadero,
like many other cities should have a two-year term for the position.
PUBLIC COMMENT
Jennifer Hageman, 8005 Santa Lucia, expressed disappointment that this item came so late in the
meeting. She stated that in the majority of cities the Mayor is not chosen by the Council. She
expressed support for Council Member Luna as Mayor as he has done a great deal for our City
and has received more votes from the community than any other Council Member(see
Attachment N).
Mayor Johnson closed the Public Comment period.
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Approved as submitted
DATE: 01/11/2000
MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member
Scalise to nominate Ray Johnson as Mayor.
Motion passed 3:2 by a roll-call vote. (Clay & Luna opposed)
2. Council Appointment of Mayor Pro Tem—The new Mayor will accept nominations from
the Council Members
MOTION: By Council Member Scalise and seconded by Mayor Johnson to
nominate Mike Arrambide as Mayor Pro Tem.
Motion passed 3:2 by a roll-call vote. (Clay & Luna opposed)
Council Member Clay commented that he voted as he did because he supported Mayor Pro Tem
Arrambide for Mayor.
Mayor Johnson stated that he would have supported Mayor Pro Tem Arrambide as Mayor also.
3. Review committee appointments
Mayor Johnson asked the other Council Members to review the committee list and let him know
which committees they would prefer to serve on. He explained that he would announce the new
appointments at the next Council meeting.
E. COMMITTEE REPORTS:
S.L.O. Council of Governments/S.L.O. Regional Transit Authority
Mayor Johnson reported that we were awarded $116,000 for the Pedestrian Bikeway around the
Lake.
Water Committees
Council Member Clay announced that at the most recent water meeting, ecology, erosion, and
contamination presentations were given. He stated that Mayor Johnson, City Manger Wade
McKinney and he met with the other North County cities to discuss strategies on raising the dam.
Integrated Waste Management Authority
Council Member Luna reported that a request is currently before the State to change the formula
for the diversion rate to regional-wide basis, which will allow the diversion rate to be above the
50%required.
Air Pollution Control District
Mayor Pro Tem Arrambide announced that he is currently creating a Task Force for burn policy
and practice.
CC 12/14/99
Page 15
Approved as submitted
DATE: 01/11/2000
Economic Vitality Corporation, Board of Directors
Mayor Johnson announced that they will meet tomorrow.
Economic Opportunity Commission
Mayor Pro Tem Arrambide stated that they are scheduled to meet Thursday night.
SCA-3 Steering Committee
Council Member Scalise reported that City Manager Wade McKinney and she met with Godbe
Research regarding the half-cent tax on the ballot in November which has not yet been approved.
F. INDIVIDUAL DETERMINATION AND/OR ACTION:
City Attorney
Mr. Hanley stated that as requested, he will soon be bringing back to the Council the issue of
bow hunting in the City limits.
G. ADJOURNMENT:
Mayor Johnson adjourned the meeting at 11:18 p.m. to the next regular session scheduled on
January 11, 2000, at 7:00 p.m.
CLOSED SESSION:
1. Conference with legal counsel [Govt. Code §54956.9]
Existing litigation:
Atascadero Unified School District v City of Atascadero
2) Conference with labor negotiator(Govt. Code Sec. 54957.6):
Agency Negotiator: City Manager
Department Heads Compensation
City Attorney Roy Hanley announced that there was no reportable action taken.
MEETING RECORDED AND PREPARED BY:
W(kU4'-
Marcia
McClure Torgerson, City derk
'�—Iw a'1 IbIl ab
Melanie Whaley, Deputy City Cler
CC 12/14/99
Page 16
Approved as submitted
DATE: 01/11/2000
ATTACHMENTS: A- Overheads used by Council Member Luna regarding the
Atascadero State Hospital Expansion proposal.
B- Prepared statement by Dorothy McNeil, dated 12/14/99.
C- Prepared statement by Eileen Cunningham, dated 12/14/99.
D- Prepared statement by Helen McAdams.
E- Prepared statement by Maureen Hamilton, dated 12/14/99.
F- Prepared statement Vivian Witzel, dated 12/14/99.
G- Prepared statement by Charles and Neva Glenn, dated
12/13/99.
H- Prepared statement by Becky Pacas, dated 12/12/99.
I- Prepared statement by Mrs. Harry W. Smith, dated
12/11/99.
J- Prepared statement by Paul and Sheree Ricketts, dated
12/13/99.
K- Prepared statement by Ellen Heinz.
L- Possible layout for Youth Center/Community Center as
presented by Council Member Clay.
M- Prepared statement of Andrew Charnley, dated 12/14/99.
N- Overhead by Jennifer Hageman showing the number of
vote received by individual Council Members.
CC 12/14/99
Page 17
Attachment: A
Atascadero City Council
Meeting Date: =2/3.4/9:
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Attachment: B
Atascadero City Council
Meeting Date: 121,4199
December 14, 1999
Atascadero City Council
Honorable .members :
Mr. DeMorales, CEO of Atascadero State Hospital, has described the
Sexually Violent Predators as "the worst of the worst" .
I have talked with more than a dozen employees in different jobs
at ASH who say all employees, rare exceptions, are against building
a maximum security prison for 1,500 sexually violent predators :-here.
Those I spoke with said they are very difficult to work with be-
cause they are so manipulative and arrogant . When they were serving
their terms in prison before they came here, they kept a low pro-
file because they were despised by other prisoners. When they arrive
at ASH after serving their terms, they intimidate a lot of the
Mentally Disordered Offenders who are the patients ASH was built for.
They are now being "treated" at a cost of $100,000 per man per year.
When they were in prison the cost of caring for them was $25,000
per year. (We spena'1j,,6-no per year in California to educate each
child in the public schools. )
Since the Department of Mental Health is closing many of its facili-
ties, the ever-increasing load of SVPs will be housed in the site
now being chosen. Inevitably it will be on overload, and some of
these men will be released although all who work with them admit
they cannot be "cured" . "Managed" is the euphemism used in treatment .
Yes, many will return to live where they were imprisoned. There are
not enough parole officers to keep track of their whereabouts. We do
not want them here for so -called treatment , and we certainly do not
want them in our community. Not in our back yards? Absolutely !'
The State and the local media failed us when the Sexually Violent
Predators arrived here in 1996. There was no public notice .
Now we do not want any phoney surveys put out by city officials who
have lost our trust . If there is to be a survey, make it a legiti-
mate one--the only one that counts--a ballot issue in March.
Dorothy F. McNeil
8765 Sierra Vista Rd.
Atascadero, CA 93422
r
Attachment; C
p Atascadero City Council
Meeting Date: 12/14/99
A Asc /)-Ps'Ka c lrY C.0u.c4c1L
':
I read with disbelief that council members Johnson, Arrambide and Scalise, asked the
State to consider building a prison to house 1,500 sexually violent predators in
Atascadero, as requested by Atascadero State Hospital.
On February 3, 1999 the Atascadero News ran a front-page article about the escape of
one of the 247 sexually violent predators temporarily held at ASH. According to ASH,
the escapee scaled a courtyard fence, climbed a ladder to a rooftop and went over a tall
fence capped with razor wire to get outside the security perimeter. When he was
eventually apprehended in the Villa Margarita Mobile Home Park he struck an ASH
employee with an oak branch. The article ended by quoting a hospital spokesman, "At
no time was the community in danger from this elopement."
Two things disturb me. First, the community was in danger. If the escapee was willing
to be charged with assaulting a uniformed officer, he certainly would not have hesitated
to assault residents of the trailer park had they stood in his way. He could have taken a
hostage to help his escape. It was sheer luck that none of the elderly residents were in
his path.
Unlike most mentally ill patients at ASH, the sexually violent predators are very smart,
cunning and devious. When they escape it is with a "do or die"attitude. No one is
safe.
It also disturbs me that the ASH official referred to a prison escape as an "elopement".
Using a word like that brings to mind a romantic escapade. There is nothing romantic
about a very dangerous criminal on the loose.
Because of the casual attitude toward public safety expressed by the ASH spokesman,
any information coming from ASH officials on the proposed new prison will lack
credibility.
Eileen Cunningham
8707 Casitas
Atascadero, CA 93422
(805) 466-1427
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Attachment: E
Atascadero City Council
auzes z cR c4amdton Meeting Date: j2a4/9q
7705 Cavnz&a ogvs.
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achment: F
'.Itascadero City Council
Meeting Date: 12/14/99
DEG 1 4 1999
December 14, 1999
CITY OF ATASCADERO
CITY CLERK'S OFFICE
Dear Mayor and City Council:
When I moved here in 1972, my friends in Fresno asked why I wanted to
live in a town that had a prison for the criminally insane. Since our city had
such a negative reputation in 1972, what effect will the expansion have on
our future reputation? Do we really want to be known as a "Prison Town"?
We certainly seem to be headed in that direction. The citizens here know
Atascadero is a wonderful, picturesque community full of friendly people in
a low-crime environment. I feel Atascadero is one of the greatest places in
the state to live and would like it to stay that way.
However, it might not stay that way with the approval of the hospital
expansion. This decision could negatively influence life here for generations
to come. Do not let this issue become your legacy while serving on our
council. Instead, let Colinga or Corcoran have the proposed facility, as they
have welcomed the idea.
Released offenders do re-offend and sometimes they commit the offense in
the community they are released from. We can't count on anyone to keep
track of all the released offenders to make sure they stay away from our
county after being released. Just one rape or murder is too many if we now
have a way of stopping this situation from intensifying
Obviously, our city desperately needs the several million dollars the
expansion would provide but not at the cost of jeopardizing the safety of our
citizens (and citizens of surrounding communities).
Thank you for your time and serious consideration of this matter.
14
Vivian Witzel
P O Box 530
Atascadero Ca 93423
466-4309
Ataachment: G
Atascadero City Council
Meeting Date: 12/14/99
Mr. and Mrs. Charles Glenn
DEC 13 P.O. Box 897
CITY OF ATASCADERO Atascadero, CA93423-0897
CITY CLERK`S OFFICE Phone/Fax (805) 438-5271
December 13, 1999
Atascadero City Council:
As long time residents of this commjunity, we are vehemently opposed to
increasing the capacity of the Atascadero State Hospital -- or even
considering such a move.
To house that number of violent men here would forever burden our
family-oriented community with the untenable label as being the site of
the largest and most debased criminal element in the state.
That's hardly a label that would encourage more desirable industries to
move here.
We feel sorry for such inmates and wish the state Mental Health
Department could cure those unfortunates, but they must not be
Incarcerated here in Atascadero!
Sincerely yours,
Charles Glenn
Neva Glenn
cc: Mayor Johnson
Councilman Arambide
Councilman Clay
Councilman Luna
Councilwoman Scalise
Attachuento H
Atascadero City Council
Meeti.r gPate 12/14/99DEC 131M
December 12, 1999
CITY OF ATASCADERO
Honorable Mayor and Council Members: CITY CLERK'S OFFICE
It is my understanding that Councilman Clay has asked the council once again to discuss the
issue of the expansion of the Atascadero State Hospital and possibly take action. It is my
hope that this issue is being brought back before you so that it may be put to rest before
any more time or money of the State or the City is wasted on pursuing the issue.
I was born in Atascadero.
Over twenty years ago, when I moved to Los Angeles to attend UCLA, I found out what a
statewide reputation we had in Atascadero. Anyone who had heard of Atascadero, had
heard of the State Hospital; but that is not what it was called. I quickly learned to watch for
the shocked face, and add, "yes there is a State Hospital there." Granted, there were many
who argued with me...it is not hospital...it is a Mental Institution...a prison for the insane...a
state prison, not a hospital.... But at least I warded off a few of those who thought the only
possible reason for living in Atascadero, as opposed to the suburbs of Los Angeles,
would be if my Father worked at the State Mental Institution for the Criminally Insane.
Anyone attending the Atascadero City Council meeting knows that there are endless
reasons for preferring to live in Atascadero rather than Los Angeles or it's suburbs. It has
taken Atascadero over twenty years to live down the reputation of housing an Institution for
the Criminally Insane. It is jring
ust recovering, this is no time to set it back by opening arms to a
facility for Sexually Violent Predators.
If Atascadero hopes to have any profitable future Commercially, in Light Industry, or in
Tourism, the addition of the exclusive Sexually Violent Predator facility would stunt it.
It is also unwise for Atascadero and San Luis Obispo County, to specialize so heavily in
one"industry', if you can call criminal institutions an industry. With Criminal Institutions in
Paso Robles, Atascadero and two in San Luis Obispo, it appears that San Luis Obispo
County is doing so much more than it's fair share of housing the States Criminal population.
don't honestly believe that it is the aspiration of so many San Luis Obispo County
residents, that their children grow up to be Prison Guards, that we should add yet another
facility for hard criminals.
If the State were to ask if Atascadero was willing to house an institution for higher learning, I
would say go for it. That would be the type of proposal that Atascadero could thrive on. Is
our reputation still so tainted by the State Hospital, that Atascadero could never be
considered as a sight for a College or University. I hope not.
Let us continue to do our best to preserve our wonderful resources, that are unique to
Atascadero. That make it a desirable place to live for productive people ready to get away
from the big city life, not those being shipped out of the big city because they are Sexually
Violent Predators.
Atascadero is too beautiful a place to be wasted on the incarcerated. If we do not damage
our reputation again, people will come or stay because it is lovely, and friendly, and
because it is thriving without A Sexually Violent Predator facility.
Tha-rILYou for VQQr time
r/
ecky P cas
Attachment: I
Atascadero.City Council
Meeting Date: 12/14/99
Dec. 11 , 1999
Members of the City Council
6500 Palma
Atascadero, CA
to All Councimen and Women
Having lived in Atascadero for 24 years and seen many changes
for both good and ill , I urge you to not even consider adding
another "hospital-Prison"to our lovely town. If your concern
is for more jobs , you must surely be aware that our residents
fill the freeway every morning and evening and don ' t complain
about their commutes or their working conditions as long as
they can return to our rural, quiet, and beautiful tree-filled
town and their country homes .
When I first moved to California and heard the name Atascadero,
it was synonymous with the hospital for the insane . Now it is
a-.hospital filled with criminals . NO MORE ! We have done our
share for looking after such people, and worrying about what
would happen if they weren ' t inside .
Very truly yours,
Mr Harry W. Smith
h50 Atascadero Ave .
Atascadero, CA 93422
Attachment: J
Atascadero City Council
Meeting Date: 12/14/99
Paul and Sheree Ricketts
4475 Sycamore Rd.
Atascadero, CA 93422
December 13, 1999
Dear Council Members,
Once again it has come to public attention that the Atascadero City Council is making
promises that it can not possibly keep! MORE JOBS! NEW PRISON!
I have read in the papers that our City Council thinks that by building a STATE
PRISON for VIOLENT SEX OFFENDERS here in Atascadero there will automatically
be more head of household jobs for local residents. Hogwash!!!
The public needs some facts.
There may be more service jobs created such as, housekeepersfjanitors, child care
attendants, gardeners/grounds keepers etc........ But as far as head of household
prison jobs go, just look up the statistics. Lompoc had a minimal local population of
mostly retired individuals before the Federal Prison was built there. The local
population of that city was mostly migrating Military from Vandenberg and service
providers that supported that facility. With the building of the prison came imported
experienced prison workers from all over the country and state of California.
State Govement or Civil Service jobs typically hire from what they call "position
announce ils" that are published and posted state wide. With government positions,
"in house promotions".are STRONGLY encouraged and all new hires generally come
in at the entrance level. One of the primary benefits of a government job is the promise
of advancement within the system.
So just how many janitors and gardeners do you think they will hire from the local
population? Enough to justify the effects this will have on the quality of life we have
here. When the first "Ted Bundy type" is paroled "by accident' right here on the streets
of Atascadero and harms or kills someone you know and love, will it be worth the new
jobs then?
NO, this is just another promise that can not be kept just like the one promised 10
years ago byat city council that said, "When we get the city revenue base built up we
will be able t'6 re air our streets!!! The revenue is u we are stillpaying. Are ou
p p� Y
paving yet?
Sincerely, Paul and Sheree Ricketts
Attachment: K
Atascadsro City Counci3
Meeting Date: 12/14/99
Councilman:
Please do not allow the State to build another
orison for high risk sex offenders in tascadero
1 . We know that even though they are
incurable, they are released and often remain in
the area.
2. This is no way to attract desirable business.
Workers from other professions would not want
their families here.
3.We are doing more Oan our share of housing
prisoners in relation to the size of this town.
4. Unemployment is at a thirty year low. Surely
we can find other forms of employment for our
people.
Sincerely,
Rooms
Attachment L
titasca�lero Cit Councl�.
Meeting Date: 1 4
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Dec 14 99 10: 57a Charnley a Gustason (805) 434-4253 p. 2
200 S.Main Street
DEC 14 M
Templeton,CA 93465
805-434-4250
Attachment: M
CITY OF ATASCADERO Atascadero City Council
CITY CLERK'S OFFICE
Meeting Date: 12/14/99
Charnley&Gust wn Development:, Inc.
Dear Honorable City Council,
I've lived in our community for 35 years and am very excited about the
benefits the proposed youth center project will bring to the young people
of our community.
I will pledge $20,000.00 toward the cost of construction of the youth
facility.
Furthermore, if I can be of any assistance during the construction of the
youth facility de of itate to call upon us.
Sin rely;'
//An w B. harnley
/i harp ey Gustason Development, Inc.
. . . . . . . . . . . . . . . . .
Attachment: N
Atascadero City Council
Meeting Date: 12/14/99
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