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HomeMy WebLinkAboutMinutes 102307 (Walmart) Approved December 11, 2007 18 18 CITY OF ATASCADERO CITY COUNCIL MINUTES Tuesday, October 23, 2007 - 7:00 P.M. CITY COUNCIL: 7:00 P.M. Mayor Luna called the meeting to order at 7:00 p.m. and Council Member Clay led the Pledge of Allegiance. ROLL CALL: Present: Council Members Beraud, Clay, O'Malley, Brennler and Mayor Luna Absent: None Others Present: City Clerk I Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Administrative Services Director Rachelle Rickard, Community Development Director Warren Frace, Community Services Director Brady Cherry, Public Works Director Steve Kahn, Police Lt. Jim Mulhall, Deputy Public Works Director Geoff English, and Interim City Attorney Robert Schultz. APPROVAL OF AGENDA: MOTION: By Council Member O'Malley and seconded by Council Member Beraud to approve the agenda. Motion passed 5:0 by a roll-call vote. CC Minutes 10/23/07 Page 1 of 13 Approved December 11, 2007 PRESENTATION: 1. Rotary Club of Atascadero — Donation for the Colony Park Community Center Atascadero Rotary Club President Joanne Main and past President Will Bateman presented the city with a $25,000 donation for the Colony Park Community Center. A. CONSENT CALENDAR: 1. City Council Meeting Minutes — September 25, 2007 ■ City Clerk Recommendation: Council approve the City Council Meeting Minutes of September 25, 2007. [City Clerk] 2. Rental Policies & Procedures and Fee Schedule for the Colony Park Community Center ■ Description: Council requested to adopt Resolution establishing these documents. ■ Fiscal Impact: The rental revenue for the Colony Park Community Center is anticipated to be approximately $10,000 annually. ■ Recommendation: Council adopt Draft Resolution establishing Colony Park Community Center facility rental policies and fee schedule. �... [Community Services] 3. Colony Park Community Center Project Furniture and Equipment Purchase Authorization ■ Fiscal Impact: The total cost of the equipment purchase is $53,669.24 in budgeted Community Center project funds. ■ Recommendation: Council authorize the purchase of furniture and equipment listed on the attached quotation from KI in the amount of $53,669.24. [Community Services] 4. Commercial Grade Dump Truck Purchase ■ Fiscal Impact: $69,657.00 in previously allocated funds from the Vehicle Replacement account. ■ Recommendation: Council authorize the City Manager to purchase a replacement dump truck from Valew Welding and Fabrication for $69,657.00. [Public Works] 5. Resolution Approving the Sewer System Management Plan and Schedule ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution to approve the Development Plan and Schedule for the City's Sewer System CC Minutes 10/23/07 Page 2 of 13 Approved December 11, 2007 Management Plan (SSMP) in compliance with the Statewide General Waste Discharge Requirements (WDRs) for Sanitary Sewer Systems (Water Quality Order No. 2006-0003). [Public Works] 6. 2007 Sidewalk Barrier Removal Project Award (City Bid No. 2007-007) ■ Description: Project consists of the installation of sidewalks and wheelchair ramps. ■ Fiscal Impact: $129,621 of budgeted CDBG Grant Funds. ■ Recommendations: Council: 1. Authorize the City Manager to execute a contract with Brinar Construction for$129,621 to construct the Barrier Removal Project; and 2. Authorize the Public Works Director to file a notice of completion after the project is finished. [Public Works] MOTION: By Mayor Pro Tem Brennler and seconded by Council Member Beraud to approve Items #A-1, 2, 3, 4, 5, and 6. Motion passed 5:0 by a roll-call vote. (Item #A-2 Resolution No. 2007-090, Item #A-5 Resolution No. 2007-091, Item #A-6 Contract No. 2007-027) B. MANAGEMENT REPORTS: 1. Staff Authorization to Process General Plan Amendment Applications • for: Wal-Mart Supercenter PLN 2007-1245 / GPA 2007-0020 (Wal-Mart Stores, Inc.) and The Annex Shopping Center PLN 2007-1246 / GPA 2007-0021 (Rottman Group/ EDA) ■ Description: Staff is seeking direction from Council on these applications. ■ Fiscal Impact: Typically, commercial projects have a positive fiscal impact on City revenues. However, at this time, staff is unable to speculate on the significance of this impact. Part of the project's EIR review will include a fiscal impact analysis. The purpose of the analysis will be to analyze all of the project's costs and revenues and provide the Council with a complete picture of the project's fiscal impacts on both the City of Atascadero and the local business community. ■ Recommendations: The Council: 1. Direct staff to process one or both of the project applications by adopting Draft Resolutions A and/or B. This action would include directing staff to return to the City Council for a Specific Plan project boundary approval. OR 2. Withhold authorization for staff to process one or both of the project applications by adopting draft Resolution C and/or D. Withholding authorization for staff to process the applications does not deny the applications. CC Minutes 10/23/07 Page 3 of 13 Approved December 11, 2007 OR 3. Refer one or both of the applications back to staff for additional analysis or clarification of specific issues. The Council should provide clear direction on issues that require additional analysis. [Community Development] Ex Parte Communications ■ Council Member Clay: After the May 30, 2006 meeting he visited a Super Wal-Mart in Iowa, watched the Wal-Mart Video, the Stop Wal-Mart video, and a CNBC Wal- Mart video. He spoke with Aaron Rios and Amber Johnson of Wal-Mart and Keith Mathias and Maury Froman of the Rottman Group. He attended a Rotary and Chamber of Commerce meeting related to Wal-Mart. He has spoken with associates at Wal-Mart stores, and spoke to all parties at the Just Listening meeting. ■ Council Member O'Malley: He has met with the Rottman Group with Mayor Luna, attended the Just Listening meeting and spoke with representatives of the Rottman Group, the Annex and Del Rio, and members of the community on both sides of the issue. Today he met with staff and representatives of Wal-Mart. He has heard from many in the community through emails. ■ Mayor Luna: In addition to the ex parte already on the record, he met with Keith Mathias of the Rottman Group, Aaron Rios and Amber Johnson of Wal-Mart last Thursday and discussed procedures for this meeting and he questioned if these two • applications are joined together, which they are. Last Friday at the opening of the bridge he met with members of Oppose Wal-Mart and discussed procedures for this meeting, and attended the Just listening meeting where he spoke to all parties. ■ Mayor Pro Tem Brennler: He has had no substantive conversations with any of the project developers. He spoke with Keith Mathias and Aaron Rios at the Just Listening meeting as well as John Pashong the Public Relations representative. He has had numerous conversations with Atascadero citizens as well as Oppose Wal- Mart spokesperson Tom Comar. ■ Council Member Beraud: Met with Aaron Rios and members of his team on June 18th with Mayor Luna just to get acquainted and recommended at that time that they not come in with a store over 150,000 square feet and suggested a two-story store and incorporating some housing into the project. There was a meeting scheduled for July 18th which she did not attend as she felt it was more appropriate for staff to meet with them. She has also received many emails on the subject. Interim City Attorney Robert Schultz spoke about the process for this meeting and answered questions of Council. Community Development Director Warren Frace gave the staff report and answered questions of Council. CC Minutes 10/23/07 Page 4 of 13 Approved December 11, 2007 PUBLIC COMMENT Keith Mathias, Rottman Group, gave a PowerPoint presentation on the proposed Annex project and answered questions of Council. Robert Winslow, civil engineer for the Wal-Mart project, gave a PowerPoint presentation on the proposed Wal-Mart project and answered questions of Council. Ellen Berkowitz, Wal-Mart representative, spoke about the request before the Council tonight and answered questions of Council. Aaron Rios, Wal-Mart representative, gave a PowerPoint presentation regarding the history of Wal-Mart and its current operations and answered questions of Council. Tom Comar, spokesperson for Oppose Wal-Mart, gave a PowerPoint presentation in opposition to the processing of the applications presented tonight. Mayor Luna recessed the hearing at 9:02 p.m. Mayor Luna called the meeting back to order at 9:15 p.m. Mr. Comar answered questions of Council. George Peche stated Wal-Mart is the key to the survival of the Mission Oaks and Annex projects as well as to revenue for needed public services for the city. Gretchen Grey spoke in favor of keeping the rural character of Atascadero and revitalizing the downtown, which she stated a super center would destroy. Jay De Cou stated tonight's decision should be predicated on whether or not the city wants to encourage commerce in Atascadero. Courtney Lanski and his wife asked the Council to vote against the rezone for this property as they believe in buying local and moved here for the atmosphere of the town, which they believe this project would change. Francesca Baker stated the decisions the Council makes effect whether the community's young people will stay here. She asked the Council to deny the processing of this application and develop a vibrant downtown. Shannon Montechevitz encouraged the Council to withhold authorization for processing this application. She would like to see the community stay rural. Julie Dunn spoke about the difficulties of owning ones own business today, in favor of maintaining the rural atmosphere of Atascadero, and of her opposition to corporations. am CC Minutes 10/23/07 Page 5 of 13 Approved December 11, 2007 Carrie Hamilton stated she moved to Atascadero because they wanted the small town character and that Wal-Mart does not fit in with that atmosphere. Bill Garcia explained that local businesses redistribute their income within the community and expressed concern that Wal-Mart will cause small businesses to close. Gay Mathew spoke in opposition to a Wal-Mart in Atascadero and asked the Council to keep the town as it is with small stores. Marsha Richards commented on the poor condition of the children of Wal-Mart employees and asked Council to deny the application. Inga, David, and Maya stated they moved to Atascadero for the small town atmosphere and would like it to remain that way. They outlined several reasons for denying Wal- Mart's application. Lisa Nevel Olsen spoke about shopping at a super Wal-Mart several years ago and that she did not enjoy the experience. Melinda Archibald stated she opposed Wal-Mart and the rezone request. Joanne Main urged the Council, on behalf of the Chamber of Commerce Board, to accept both project applications to allow for a more informed decision in the future. She stated the business community would be helped by having this type of commercial development in Atascadero. Emma Pense explained her long history in Atascadero and her concern that the town has not progressed recently as she would have hoped. She stated a large anchor store would attract more businesses and help established businesses thrive. Mary Arnold asked the Council to vote to instruct staff to process the Wal-Mart and Rottman applications so that the information needed to make an informed decision on this development could be obtained. Kate Montgomery urged the Council to not start the process for a Wal-Mart as she does not believe the community would support this type of store in Atascadero. Dorothy McNeil read a statement from Betty and George Walker who could not attend the meeting asking Council to deny the application from Wal-Mart. (Exhibit A) Speaking for herself, Ms. McNeil explained her reasons for opposing a Wal-Mart in Atascadero. (Exhibit B) Susan Wilson Lara stated that large stores move the community away from the character that so many appreciate in Atascadero. ■. CC Minutes 10/23/07 Page 6 of 13 Approved December 11, 2007 Ian Wood asked the Council to consider what they would like the community to be before they approve anything. ... John Trumball explained that he moved to Atascadero for the small town values it represented and asked the Council to follow the spirit of the General Plan and deny this request. Sherry Schram stated she has worked with the Rottman Group to put this project together as her family owned one of the properties on which this project will be built. She explained that her mother started at Wal-Mart as an hourly worker and through the years was able to purchase this property because of the benefits and wages she earned there. Stacey Pointer stated she chose to move to Atascadero for the style of life it offered and would not like to see that changed. Ray Jansen explained the reasons he was opposed to a Wal-Mart super store in Atascadero. Ernie Porter spoke of the need for industry in Atascadero to encourage its growth and provide jobs for its citizens. He expressed his support for Wal-Mart. David Peche stated Atascadero is suffering due to its lack of tax revenue. He explained the reasons a Wal-Mart would come to a small town when other large businesses would not. Elaine Dumond spoke of the good treatment and benefits she receives from the local business for which she works and her concern that a super Wal-Mart would harm this business and have a detrimental effect on Atascadero. John Homan stated Atascadero is a beautiful city with much of its income coming from the tourism industry. He commended Council for their efforts to create the type of community tourists want to visit, and spoke against processing Wal-Mart's application. Lee Perkins read a statement from Barbara Taylor asking that the Council not approve Wal-Mart's application. Speaking for herself, Ms. Perkins gave examples to show that Wal-Mart and Rottman were not good neighbors and explained her belief that sales tax revenue in Atascadero would go up in the future due to the projects now under development in the city. Jeff Crandaneti stated his opposition to Wal-Mart's proposal and explained that many small businesses would be lost if this project is approved. Mark Phillips explained his reasons for opposing Wal-Mart and gave several statistics from Consumer Reports regarding low customer satisfaction for specific item sales in Wal-Mart. CC Minutes 10/23/07 Page 7 of 13 Approved December 11, 2007 Jim Istenes spoke in support of Atascadero and the many positive projects and events that make it a special community and stated Wal-Mart would create a negative impact on the town. Steve LaSalle explained that the majority of the community spoke in favor of the small town atmosphere during the last General Plan update and urged Council to stick to that General Plan. John Pepley stated that last November's election settled this issue because two of those elected stated they were opposed to Wal-Mart. Garth Wilwand explained why Wal-Mart has had a large negative influence on the music industry. MOTION: By Council Member O'Malley and seconded by Mayor Pro Tem Brennler to go past 11:00 p.m. Motion passed 5:0 by a roll-call vote. Mayor Luna recessed the hearing at 11:00 p.m. Mayor Luna called the meeting back to order at 11:07 p.m. Jeff Wilsusan, President Atascadero Police Association, stated an EIR would provide maw with city with the information necessary to make an informed decision. Geraldine Wiley Brasier Femister spoke against processing the application and against the behavior of Wal-Mart toward their employees and suppliers. Glaxy Rivera spoke in favor of the small town atmosphere of Atascadero and against having a Wal-Mart in the community. Greg Peterson stated in America free enterprise and competition are encouraged, and explained that in the past small businesses have closed because the community decided not to shop there. George Simmons stated this meeting was about bashing Wal-Mart and not about approving the processing of an EIR to get the information needed to make an intelligent decision. He said he supports any commerce that would come into town and encourage the economy. Maggie White explained that she went to Wal-Mart and purchased several items most families would need to buy, then went to K-Mart and purchased the same items and found that Wal-Mart's prices were better. She urged the Council to move forward and process the application for the projects. CC Minutes 10/23/07 Page 8 of 13 Approved December 11, 2007 Elena Reynolds spoke in favor of bringing in more businesses and restaurants to service the community and allow residents to shop local at the stores they prefer including Wal-Mart. Ruth Enriques Mangy asked Council to not process the applications for Rottman and Wal-Mart, and spoke of how the garment industry was negatively impacted by Wal-Mart. Craig Bagey gave the reasons he believed Wal-Mart was not good for Atascadero including the drain on city services. Sandy Silvera stated Atascadero needs the sales tax revenue and the other businesses that Wal-Mart will generate. John Heatherington demanded that Council reject Wal-Mart's attempt to change Atascadero's General Plan. Marty Brown commented that the General Plan addresses the community's desire for a small town with a rural atmosphere. She stated the proposed projects would change the character of Atascadero forever. Nora Trentacosta gave a PowerPoint presentation on Wal-Mart promises vs. Wal-Mart realities. (Exhibit C) David Broadwater spoke about his experiences with the city since last year and the ,... changes in the town recently, which are not positive. He stated this comes down to upholding the General Plan by denying the applications tonight. Chuck Ward explained that the decision made tonight will determine if the Del Rio land will remain undeveloped for many years and lead to a sales tax or supplemental property tax increase to make up for the shortfall of revenue in Atascadero. Steve Tillman stated he was pro growth and a strong supporter of property rights. He explained why the Council should vote to retain the General Plan and reject the proposal presented tonight. Ron Rothman said he moved to Atascadero to get away from an urban setting and live in a rural atmosphere. He explained why he believes the proposal as presented is flawed and does not fit with the lifestyle of this community. John Logan stated he wants whatever is right and fair for Atascadero and that the city must work with its unique features to create a destination for tourists and a good community for its residents. Tim McCutcheon expressed concern that there is a message being sent to those who might want invest in this community that businesses are not welcome here. He urged Council to change Atascadero's reputation and proceed with processing this application. CC Minutes 10/23/07 Page 9 of 13 Approved December 11, 2007 John Goers stated he was against the Council approving the processing of this General Plan Amendment. He was supportive of the zoning as it exists at this location. Tino Santos said Atascadero belongs to all of its citizens and free enterprise should be encouraged. He asked the Council to vote for what is best for Atascadero and allow the application to be processed. Alston Path asked the Council to withhold approving processing of the General Plan Amendment. Denise Wills requested Council approve the processing of the General Plan Amendment and read the names of others who could not be here tonight and also support processing the application. Al Bosler urged Council to uphold the General Plan and not process this application. He stated the citizens voted in the last election for candidates that opposed Wal Mart and had expressed their will through their votes. Beverly Aho reported on business centers in Atascadero that have for rent signs in their windows and urged Council to process the application and discover how to reverse this trend. She read off names of citizens who could not be here tonight but support the processing of the application. .. Steve Isaacson stated his support for the Wal Mart and Annex projects and addressed issues raised by those opposed to Wal Mart. Rebecca Anastasio stated an EIR rarely recommends the no project or a severely reduced alternative. She indicated the project as proposed is out-scaled for the neighborhood and should be downsized, and suggested the project be sent back to the applicants to be compliant with the General Plan. Brent Rectag stated commerce is needed in this town, especially in the north end, but won't come without a large anchor store. He said the city is in need of funding for roads, police and fire and Council should keep that as a priority. Janice Petco spoke about the improvements to the city in recent years and stated that a Wal Mart would set that back and not help the community. She also stated the size of the proposed project is out of scale for the area and against the General Plan. Tom Birkenfeld, President Atascadero Professional Fire Fighters Association, stated their association urges Council to vote to approve the processing of the General Plan Amendment and EIR to determine the impacts to the area. Lee Ann Brooks said she believes the General Plan should be followed and urged the Council to uphold it as it stands. CC Minutes 10/23/07 Page 10 of 13 Approved December 11, 2007 Scott Hallett, member of the Local Firefighters Association, encouraged Council to process the application and allow the community an opportunity to look at the EIR. Shirley Lyons related an experience she had at Wal-Mart a few years ago, and stated she shops at Wal-Mart which she feels makes an effort to become part of the community. Icey Hagedorn spoke in support of a super Wal-Mart and explained Wal-Mart is where she goes to send items to her son and other soldiers fighting for our rights in Baghdad. Zoe Duty stated that Atascadero needs to be invigorated with more commerce because the town is dying. She urged Council to do the EIR and determine what is needed. Sonya Serra commented that she is a Wal-Mart shopper because of their low prices and stated there are no shopping opportunities in Atascadero for the items she needs. Mike Jackson encouraged the Council to move forward with processing the EIR and ensure that it studies the effects of a large residential development on that property. Barbie Butz explained that she has been involved in receiving items that are returned or received damaged from Wal Mart that are distributed to those in need in the community. Dion Morse stated he has seen a steady decline in the area and expressed support for �r.. Wal Mart. Jim Shannon said the city should proceed tonight with the EIR but he is concerned that the decision has already been made on this issue. He is also concerned that there are many empty stores in town and that the community is divided. Corinna Jones spoke against Wal Mart and urged Council to oppose the rezone and turn down the application. Bill Shafer stated he shops at Wal Mart but does not want to see one in his neighborhood. He spoke about the criticisms Wal-Mart has received within the financial community the result of which is Wal-Mart is reducing its super centers. Mayor Luna closed the Public Comment period. Mayor Luna explained that one of the Council Norms states that attempts will be made to get consensus on significant policy issues. He indicated due to the lateness of hour attempts at consensus may not be successful and suggested continuing the meeting to do the deliberations. Council Member Clay stated he is prepared to make a decision tonight and concerned that there may be further lobbying outside of the public. CC Minutes 10/23/07 Page 11 of 13 Approved December 11, 2007 Council Member O'Malley suggested taking a brief break and then continue with the deliberation. Mayor Pro Tem Brennler stated he prefers to continue the item but not go past tomorrow. Council Member Beraud indicated she could go either way. Mayor Luna recessed the hearing at 1:35 a.m. Mayor Luna called the meeting back to order at 1:49 p.m. Interim City Attorney Robert Schultz explained that under the Brown Act the Council has the ability to continue the public hearing period to a time specific with this being the only item and no public comment allowed. There was Council discussion on whether to continue this item for deliberation and decision. All Council Members pledged to not speak with the media prior to the continued hearing. MOTION: By Mayor Luna and seconded by Council Member O'Malley to continue the item to 7:00 p.m. next Monday (October 29, 2007) with the clarification that there will be no public comment. ,., Motion passed 5:0 by a roll-call vote. COMMUNITY FORUM: None COUNCIL ANNOUNCEMENTS AND REPORTS: None C. COMMITTEE REPORTS: None CC Minutes 10/23/07 Page 12 of 13 Approved December 11, 2007 D. INDIVIDUAL DETERMINATION AND/OR ACTION: City Manager City Manager Wade McKinney announced that the Council directed ethics training is in process, has been going well, and a report will be made at a later time. E. ADJOURNMENT: Mayor Luna adjourned the meeting at 1:59 p.m. to the continued meeting on Monday October 29, 2007. MINUTES PREPARED BY: VracAePucci,&Deputy City Clerk The following exhibits are available for review in the City Clerk's office: Exhibit A— Betty&George Walker letter, read by Dorothy McNeil Exhibit B—Dorothy McNeil, prepared statement Exhibit C—Nora Trentacosta, presentation err CC Minutes 10/23/07 Page 13 of 13