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HomeMy WebLinkAboutMinutes 102907 (Walmart continuation) Approved as amended December 11, 2007 a ■■ ■ ■ 19i= 18 CITY OF A TASCADERO CITY COUNCIL MINUTES Monday, October 29, 2007 - 7:00 P.M. CALL TO ORDER Mayor Luna called the meeting to order at 7:00 p.m. and Council Member O'Malley led the Pledge of Allegiance. ROLL CALL: Present: Council Members Beraud, Clay, O'Malley, Brennier and Mayor Luna Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Public Works Director Steve Kahn, Community Services Director Brady Cherry, Police Lt. Jim Mulhall, and Interim City Attorney Robert Schultz. Mayor Luna made a statement regarding the procedure for tonight's meeting. ITEM B.1 CONTINUED FROM 10/23/07 MEETING: 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) ■ Disclosure of Ex Parte Communications ■ Description: Staff is seeking direction from Council on these applications. CC Continued Hearing Minutes 10/29/07 Page 1 of 7 Approved as amended December 11, 2007 ■ 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. 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 stated he talked to Amber Johnson several times, and a citizen had a request and he took a packet to that person. Several people from the media called and he told them that the Council was not discussing the issue. He also received emails and phone calls, and responded to a few of both. ■ Council Member O'Malley stated he received emails and phone calls and tried to respond to a representative sample. He had spoken with a number of constituents, and spoke with Mr. Rios tonight. ■ Mayor Luna stated he had received emails as well as messages on his phone machine, and had not spoken with Oppose Wal-Mart, Wal-Mart, or the Rottman Group. ■ Mayor Pro Tem Brenner stated he had no further contact with the developers since the last meeting, and had received emails and phone calls. He further stated he intended to mass mail a response to both the pro and con emails. He had several conversations with citizens and spoke with Oppose Wal-Mart spokesperson Tom Comar. ■ Council Member Beraud stated she had received email and calls, spoke with many constituents who were upset with the papering of the community with pieces CC Continued Hearing Minutes 10/29/07 Page 2 of 7 Approved as amended December 11, 2007 promoting Wal-Mart, received phone calls and was informed about signs posted illegally on city streets. She spoke with a constituent that was pro Wal-Mart and felt harassed by frequent calls from Wal-Mart, and received a useful binder from Mr. Babcock with a lot of research about Wal Mart. Council Response to Public Comment: Council Member Clay stated he had done his own research and watched many programs about Wal-Mart. He commented that it was more important to consider what was happening in this area rather than in other states, and therefore focused on the Paso Robles Wal Mart. He interviewed several employees who did not know who he was and the one statement that they always made was that they loved working there, liked their benefit packages, and that their wages were competitive. He indicated he hears negative stories about Wal-Mart, which he follows up on, but in most cases, do not check out. He stated he would base his decision on what is best for the community. Council Member Beraud commented that she kept track of everyone who spoke at the last meeting: 61% were opposed to the EIR, 39% were in favor. She was hopeful that Rottman and Wal Mart got the message that alternatives are needed. Responding to comments made by the Chamber CEO she stated that the subsidy received by the Paso Robles Main Street when their Wal-Mart opened was not substantial compared to what the city of Atascadero gives the Chamber and Main Street each year. Regarding Beverly Aho's concerns about the number of for-rent signs, she stated the city is in the NIW process of hiring a consultant to do economic development visioning for the community. Mayor Pro Tem Brennler thanked the audience who took the time to speak last week, and commented that although many had differing opinions, the Council chamber was filled showing many have a deep respect and love for the community. He stated the comments heard both pro and con portray that there are two competing interests; a need for commercial growth as well as a responsibility for insuring neighborhood and community compatibility. Council Member O'Malley explained that the Buxton Report identified prime commercial sites in the community and the Del Rio area was their top choice for prime commercial large retail. He complimented the Council and city's efforts in insuring a good process for this issue, and spoke of the importance of treating all applicants fairly. The questions to be answered for this site relate to quality of life, and economic impacts. He also spoke of the value of being self contained, of looking at the project in total, and of the potential of other projects in the community such as Mission Oaks and Colony Square. He spoke of the advantages of an EIR for the site which would provide unbiased, impartial information to assist the Council and community in deciding on alternatives for the site including the impacts of a full build out under the current General Plan as well as a third option of a smaller scale lifestyle center and its impacts on the downtown. Council Member O'Malley commented that if this goes to an election, those options would be lost. CC Continued Hearing Minutes 10/29/07 Page 3 of 7 Approved as amended December 11, 2007 Mayor Luna spoke about the changes in the last five years from a push for residential, which resulted in Atascadero becoming a policy leader in the county in affordable housing, to the current push for commercial development. He stated there is not the overwhelming support for what is proposed here as there was in the past with other projects. He does not believe that Wal Mart is either a saint or a savior; however, they are a property owner and deserve the same respectful treatment as any other property owner that wishes to develop in Atascadero. Mayor Luna stated that this application far exceeds the 150,000 square footage maximum allowed in the General Plan, and with the allowable 150,000 square feet on the north east corner of Del Rio there will be a substantial impact on the neighborhood. He commented that this proposal is inconsistent with the General Plan land use map, however if their application had met the maximum 150,000 square feet he would probably have voted to go forward with the EIR. He stated it is was not prudent to go forward with such a massive plan, and hopes to work with Council to come to a compromise on what to do at the site. Deliberations: Council Member Beraud: ■ Appreciated all members of the community who came out Tuesday night. ■ Supports the need to study more and get facts, but must think about the wiggle room in EIR's. ■ From what she can see she believes the community is not really behind this. ■ This is coming from the wrong starting point, and more analysis is needed that is specific to Atascadero. ■ This project is putting a square peg in round hole; it doesn't fit into the General Plan. ■ The project as proposed is 60,000 square feet larger that the city's maximum. ■ Would like to see agreement for the Council to use the General Plan as their guide, using it as the limit for that corner. ■ The super center era is the end of a trend, and is not innovative and new. ■ Rottman and Wal Mart can come back with something more creative. ■ If the city is to buy into a project it must be something that the majority of the community can embrace. ■ The Council must come together and think of what it can agree on, and the General Plan must be the guide. ■ The EIR is premature and there must be continuing dialog with the applicants to find an innovative approach to come up with something better. ■ The idea that there must be a super center or nothing is not true and she cannot believe the land will remain vacant. Council Member O'Malley: ■ The Council must stay involved and negotiate the best deal for the community. ■ It is important to attract business to the community. California is in a tough economic cycle and Atascadero must be at the table, working in partnership with r.�. the private sector and negotiating for good solutions. CC Continued Hearing Minutes 10/29/07 Page 4 of 7 Approved as amended December 11, 2007 ■ He disagreed with the idea that Wal Mart would put this on the ballot. Rather the community would decide whether to send this issue, either for or against, to the ballot. 0 When on the Planning Commission he was involved in reviewing the current General Plan, and explained that there is a process to get specific plans. ■ The community must change with current circumstances, and that is why an economic analysis and EIR is done; to look at the community's options. Council Member Clay: ■ The General Plan has been changed 12 times, and is a General Plan, not a Specific Plan. ■ It is important to learn the facts, and an EIR would provide that information. ■ The population in Atascadero is two tiered; those who may be well-off and those on fixed incomes and working families. It is important to have projects like Colony Square for those who have the means, and have the shopping experiences for those who are trying to stretch their dollars. ■ Atascadero citizens are tired of going out of town, gas is more expensive, and the population is aging. There is tax leakage to other areas and the city's tax dollars are leaving at a time when they are needed for roads, fire, police, etc. Mayor Pro Tem Brenner: ■ Is somewhat leery of an EIR, as land use issues are one of his weaknesses. ■ Education is paramount, and he feels strongly that the EIR is not foolproof. ■ He spoke of a project in another community that lead to a lawsuit from a �... neighboring county, and stated he doesn't want Atascadero to be embroiled in something like that. ■ Prefers to rely on the community's effort five years ago in producing the General Plan, which he concurs with. ■ This project is massive and causes him great concern. ■ With growth comes responsibility, and thought there is no dispute Atascadero needs commercial development, growth must be incremental and proportionate with intelligent planning. There was further Council discussion. MOTION: By Council Member O'Malley and seconded by Council Member Clay to adopt Option #1 and accept the applicant proposal to be studied first and also require that we fully study the alternate plan, which is the General Plan option of 150,000 square feet maximum, and research a third option to study the small scale boutique store option, more of a lifestyle model, and its impact on the downtown. Also in the city's economic analysis focus, to focus on Atascadero's tourism assets. Council Member O'Malley moved to amend his motion to delete the tire and lube portion, knocking 8,000 square feet off the proposal. CC Continued Hearing Minutes 10/29/07 Page 5 of 7 Approved as amended December 11, 2007 There was no second for the amended motion. MOTION: By Council Member O'Malley and seconded by Council Member Clay to adopt Option #1 and accept the applicant proposal to be studied first and also require that we fully study the alternate plan, which is the General Plan option of 150,000 square feet maximum, and research a third option to study the small scale boutique store option, more of a lifestyle model, and its impact on the downtown. Also in the city's economic analysis focus, to focus on Atascadero's tourism assets. Motion failed 2:3 by a roll-call vote. (Beraud, Brennler, Luna opposed) Discussion: Mayor Pro Tem Brennler stated he has no monumental problems with the Rottman proposal for the north side of Del Rio, but the Wal-Mart proposal is too large. He is respectful of the General Plan and supports commercial development and hopes Wal Mart will offer a project that meets the 150,000 square foot threshold. Mayor Luna stated the idea of reducing the square footage is what he is after, and the cleanest way to do that is with Option #3, letting Wal-Mart do the design and something it can live with. He also has no problem with the Rottman group's proposal. Council Member Clay stated his disagreement with going to Option #3, and that the Council should either go with it or deny it; to split it is to try to separate the two and create a division. This is a total project and he believes the Council should either go with Option #1 or 2. Council Member Beraud stated the need to have some kind of unanimous approach from the Council. She believes Option #3 is an invitation to the Rottman Group and Wal Mart to come back with something the community can support so there is not this kind of division. MOTION: By Council Member Beraud and seconded by Mayor Pro Tem Brennler to choose Option #3, which is to refer both projects back to staff for additional direction and clarification and on the size of the property. The General Plan says 150,000 square feet for both corners, so specifically for the Wal-Mart corner that their total square footage be 150,000 square feet between the main store and the two outlying pads, and that they include a buffer between the general commercial and the residential, whether that be open space or a multi-family housing, to make it an attractive development that is compatible with our community. CC Continued Hearing Minutes 10/29/07 Page 6 of 7 Approved as amended December 11, 2007 Discussion: Council Member O'Malley spoke of the need to master plan the Del Rio area, and that this is an opportunity to look at it as a whole and to master plan the entire area and mitigate all the problems and unintended consequences. This motion is punting to staff without significant or sufficient direction and is simply a masked Option #2. Council Member Clay stated this motion was not really making a decision; Council should either do it or reject it and let the people vote on it. Mayor Pro Tem Brennler stated he tends to agree with Council Member Clay, and a decision should be made. For this reason he retracted his second to the motion. Mayor Luna stated that Council Member Beraud's motion was a compromise and meant that a Wal-Mart is okay on the site if it is less than 150,000 square feet. There would still be the General Plan land use map that must be conformed with, and a General Plan amendment would still be required. The Motion died for lack of a second. There was further Council discussion. Motion: By Mayor Pro Tem Brennler and seconded by Council Member Beraud to adopt Option 2 withholding the authorization for r. staff to process the project applications by adopting draft Resolutions C and D. Motion passed 4:1 by a roll-call vote. (O'Malley opposed) (Resolution Nos. 2007-0092 and 2007-093) Mayor Luna stated to Council Member Clay that he is welcome to change his vote. Council Member Clay stated he did not want to change his vote. He said if the Council is not going to go for the EIR, he feels the issue should be given to the people, and let them make their decision. ADJOURNMENT: Mayor Luna adjourned the meeting at 8:35 p.m. to the next regularly scheduled meeting of the City Council on November 15, 2007. MINUTES PREPARED BY: ,d race Pucci, Deputy City Clerk CC Continued Hearing Minutes 10/29/07 Page 7 of 7