HomeMy WebLinkAboutMinutes 031108 Approved June 10, 2008
18$ 19 CITY OF ATASCADERO
CITY COUNCIL
MINUTES
Tuesday, March 11, 2008, 7:00 P.M.
REGULAR SESSION: 7:00 P.M.
Mayor Brennler called the meeting to order at 7:01 p.m. and Mayor Pro Tem Beraud led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, Luna, O'Malley, Beraud and Mayor
41rr
Brennler
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
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 Chief Jim
Mulhall, and City Attorney Brian Pierik.
APPROVAL OF AGENDA:
MOTION: By Council Member O'Malley and seconded by Council
Member Luna to approve the agenda.
Motion passed 5:0 by a roll-call vote.
4100.
CC Minutes 03/11/08
Page 1 of 15
Approved June 10, 2008
A. CONSENT CALENDAR:
w
1. Temporary Road Closure — Calvary Chapel of Atascadero
■ Fiscal Impact: $190.00 for the installation of Road Closed signs by Public
Works Staff. The road closure costs will be paid by the applicant.
■ Recommendation: Council approve a request by Calvary Chapel of
Atascadero for the closure of Palma Avenue from East Mall to West Mall
for events in the Sunken Gardens on March 23, 2008. [Public Works]
2. Temporary Road Closure — Sunken Gardens Yard Sale
■ Fiscal Impact: $190.00 per event for the installation of Road Closed signs
by Public Works Staff.
■ Recommendation: Council approve a request by the Community Services
Department for a road closure on Palma Avenue from East to West Mall
for the annual Sunken Gardens Yard Sale to be held April 19th, 2008.
[Public Works]
3. Santa Cruz Road Slope Repair (City Bid No. 2007-0006)
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept the work of Raminha Construction, Inc., as complete; and,
2. Authorize the Public Works Director to sign and file the Notice of
Completion; and,
aw 3. Authorize the Administrative Services Director to release the
Retention to the Contractor. [Public Works]
4. Route 101/41 Sewer/Water Line Relocation Change Order — Bid No.
2007-005
■ Fiscal Impact: No net fiscal impact.
■ Recommendation: Council authorize the City Manager to approve change
orders in excess of 20% totaling $6,153.64 for additional construction work
on the SR 101/41 Sewer/Water Line Relocation Project. [Public Works]
5. Final Map 2007-0155 (Parcel Map AT 05-0316) 7255 Navaioa (TPM 2005-
0081) Ferris/Seaberg
■ Description: Final map creates two airspace units on one common lot.
■ Fiscal Impact: None.
■ Recommendations: Council:
1. Accept and approve Final Parcel Map 2007-0155 (Parcel Map AT 05-
0316); and,
2. Reject, without prejudice to future acceptance, the offer of dedication
for Public Pedestrian Access Easement on behalf of the public; and,
3. Authorize and direct the City Clerk to endorse the City Council's
approval on the map. [Public Works]
CC Minutes 03/11/08
Page 2 of 15
Approved June 10, 2008
6. Code Enforcement Complaint Ordinance
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading by title only the Draft
Ordinance, amending the Atascadero Municipal Code by adopting section
2-15.06, requiring City Council members and Planning Commissioners to
divulge certain conflicts of interest relating to code enforcement and
planning and zoning code matters. [City Attorney]
7. Second Reading of Draft Ordinances for: PLN 2007-1243 / PLN 2007-
1197 / PLN 2007-1251 General Plan Amendment & Planned Development
7 — Atascadero Avenue Triangle / 6905 Navaioa Avenue (City of
Atascdero / MLW Holdings, LLC / Atascadero Homeowners, LLC)
■ Description: General Plan Amendment to remove the park requirement
from Master Plan of Development #12; a 9-unit Planned Development;
and a 2-unit Planned Development with a private landscape feature.
■ Fiscal Impact: Based on findings from the Taussig Study, revenue from
new residential development including property tax revenues, vehicle
licensing fees, sales taxes, and other revenues are insufficient to cover
the maintenance and emergency services costs of new development.
Based on the revenue projections from the Taussig Study, the City has
developed standard conditions of approval for new development projects
that require the cost of maintenance and emergency services to be funded
by the project through a combination of road assessment districts,
landscape and lighting districts and community facilities districts
(Conditions 8 and 9.) Since there are no common facilities proposed with
these Planned Developments, and the private landscape feature will be
maintained by the sole property owner, a Homeowners Association is not
required.
■ Recommendations: Council:
1. Adopt on second reading, by title only, Draft Ordinance A approving
Zoning Map Amendment 2007-0140, changing the Atascadero
Municipal Code Zoning Designation on Lot 1 of APN 030-283-005
from Recreation (L) to Residential Multi-family, with 16 units per acre
(RMF-16); and,
2. Adopt on second reading, by title only, Draft Ordinance B approving
Zone Change 2007-0145 to allow a 9-unit PD-7 and Zone Change
2007-0146 to allow a 2-unit PD-7 based on findings. [Community
Development]
Items pulled: Item #6, pulled by Mayor Pro Tem Beraud.
Item #7, pulled by Mayor Pro Tem Beraud.
MOTION: By Council Member Luna and seconded by Council Member
Clay to approve Items #1,2,3,4 & 5.
Motion passed 5:0 by a roll-call vote.
CC Minutes 03/11/08
Page 3 of 15
Approved June 10, 2008
Item #6
Mayor Pro Tem Beraud pulled this Item to record her opposition to this Ordinance. She
said it should be a policy, not an ordinance, and stated she does not like the provision
that states it's an automatic recusal if you file a code complaint.
Council Member Luna agreed with Mayor Pro Tem Beraud.
Council Member O'Malley disagreed. He said he believes members of the community
have concerns about City Council and Planning Commission members overstepping
their boundaries when researching projects. He said it's a good idea.
Mayor Brennler said this item relates to transparency and an issue of accountability and
he also supports it.
MOTION: By Council Member Clay and seconded by Council Member
O'Malley to approve Item #6.
Motion passed 3:2 by a roll-call vote. (Beraud & Luna
opposed) (Ordinance No. 527)
Item #7
Mayor Pro Tem Beraud urged the Council to reconsider adopting this Ordinance on
second reading. She stated she does not believe that the project brought before them
meets the intent of having open space by having a private park with a locked gate. She
also said the project proposed doesn't provide any tier 2 benefits.
PUBLIC COMMENT
Lee Perkins expressed her sadness that the City didn't do enough to create some green
space at this site.
Eric Greening stated that this property was originally part of a General Plan Amendment
and that he shares Mayor Pro Tem Beraud's concerns.
Jay DeCou explained to the Council how small pocket parks in other neighborhoods in
town remain unused. He thinks a landscape feature is far better suited for this location.
Gary Kirkland said that he does not think it is the job of the City Council or any other
government agency to tell people what they can or can't do with their property.
Joanne Main, explained that this park was originally offered to the City, and the Council
determined that the City does not have the finances to handle and maintain a small
park. She believes by accepting the proposed project the City would be following smart
growth principles.
No
CC Minutes 03/11/08
Page 4 of 15
Approved June 10, 2008
Kelly Gearhart, Applicant, stated that he has offered this property to the City several
times and the City has chosen not to accept it. He offered to answer questions and
encouraged the Council to pass the project.
Franka Lansky said she would like to see this property be a park. She visits the library
often and would utilize a park in that vicinity as well.
Ann Hatch, Parks and Recreation Commissioner, believes the City needs to be
consistent in its decisions. She urged the Council to support the landscape feature.
Shirley Lyons, Atascadero resident, said that she supports the previous speaker's
comments. She mentioned that she thought there would be parking issues for the
library if a park were to go in at that location.
Mayor Brennler closed the Public Comment period.
Mayor Pro Tem Beraud commented that legally the City couldn't force anyone to build a
public park. She also stated that the park space proposed would be owned by the
planned development and they could determine what features to include in the park.
Council Member O'Malley mentioned the legality involved. He's been a strong
supporter of micro-parks in the past but thinks that the costs are a huge deterrent at this
point.
Council Member Luna brought up the point that these kinds of decisions take a long
time and involve many factors. In this case it has evolved over many years and the
prior Council approved the project 4:0 when he was not in attendance. For this reason,
he will support the project. He made it clear that he has always supported, and will
continue to support, pocket parks and open space.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve Item V. (Ordinances #528 & #529)
Motion passed 3:2 by a roll-call vote. (Beraud & Brennler
opposed)
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. / EDA) and The Annex Shopping Center
PLN 2007-1246 / GPA 2007-0021 (Rottman Group / EDA)
■ Disclosure of Ex Parte Communications
■ 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
CC Minutes 03/11/08
Page 5 of 15
Approved June 10, 2008
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:
1. The City Council may 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. The City Council may 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. The City Council may 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]
Community Development Director Warren Frace gave the staff report and answered
questions of Council.
Ex Parte Communications
• Council Member Luna disclosed he had received a number of e-mails and phone
calls from citizens but had had no contact with the developer.
• Mayor Pro Tem Beraud said that since the last meeting she's had no contact with
the developers and she has received e-mails and phone calls.
• Mayor Brennler said he's had no substantive conversation with developers, and did
attend Just Listening, and there hasn't been any changes since his last disclosure.
• Council Member O'Malley has received numerous phone calls and e-mails from the
general public and has nothing new since the last disclosure on this project.
• Council Member Clay stated that he has talked to Aaron Rios a couple of times over
the past few months to inquire about the status of the project. He said that he has
also spoken with Amber Johnson, who is at most of the Council meetings. Finally,
he has talked to the Manager and some of the employees at the Paso Robles store,
which he disclosed the last time.
PUBLIC COMMENT:
Keith Mathias, Senior Vice President of the Rottman Group, stated that he wanted to
clarify for the Council that they are only asking for the re-zoning of 1'/2 acres of the
residentially zoned property. He asked the Council to authorize the processing of the
requested General Plan Amendment. Mr. Mathias answered questions of Council.
CC Minutes 03/11/08
Page 6 of 15
Approved June 10, 2008
Aaron Rios, Senior Manager of Public Affairs for Wal-Mart, stated he feels their current
proposal reflects changes that were made to the project based on the concerns
expressed by the City Council. He asked the Council to authorize staff to process the
proposed General Plan Amendment. Mr. Rios answered questions of Council.
Robert Winslow, EDA Design Professional of San Luis Obispo, answered some of the
technical questions of Council.
Tom Comar, spokesperson for Oppose Wal-Mart and the Atascadero Shield Initiative
Committee, used a PowerPoint presentation to explain to the Council why they are
opposed to the approval of a supercenter, especially a Wal-Mart supercenter.
Mayor Brennler recessed the hearing at 8:45 p.m.
Mayor Brennler called the meeting back to order at 9:00 p.m.
Cindy Conley, Manager of the Shell Station at Del Rio Road, urged the Council to
approve this project. She explained that her job is in jeopardy without retail
development at Del Rio.
David Petrie, Templeton High School student, expressed his support for a Wal-Mart
supercenter. He urged Council to let urban sprawl and population growth back in
Atascadero.
Greg Peterson, longtime resident of Atascadero and a local businessman, stated that
Atascadero is not a quiet, sleepy community; it is growing. Mr. Peterson listed several
reasons why he is in favor of the Wal-Mart proposal. He urged the Council to approve
the proposed General Plan Amendment.
Joanne Main, President and CEO of the Atascadero Chamber of Commerce, urged the
Council to approve the processing of the EIR. Ms. Main also asked citizens to not sign
the Shield Initiative currently being circulated.
Bob Marts, Atascadero Resident for 9 years, explained why he supports the processing
of the proposed Wal-Mart project. He cited numerous examples of how Wal-Mart can
positively affect a community.
Galaxia Rivera, 13 year resident of Atascadero, read a letter from her mother opposing
a Wal-Mart project. Ms. Rivera also stated that she is opposed to a Wal-Mart project
because it will be too close to the Paso Robles Wal-Mart. She urged the Council to put
this as a vote amongst the people.
Bill White, President of the Atascadero Professional Firefighters Local 3600, expressed
his support of processing the proposed General Plan Amendment. He pointed out that
Atascadero ranks at the bottom of sales tax revenue and that his union strongly
supports commercial and retail development.
VM
CC Minutes 03/11/08
Page 7 of 15
Approved June 10, 2008
Ann Hatch stated that Atascadero needs to focus on what we need instead of what we
want. She said it's not about Wal-Mart, it's about the survival of our City. She
expressed her support for the development of the Wal-Mart project.
Ray Johnson explained why an increase in Atascadero's sales tax revenue is vital to its
survival. He stressed that the decision tonight only starts the process on this proposed
project. He urged the Council to follow through on their previous statements and
authorize the processing of the proposed General Plan Amendment.
Jim Shannon, lifetime resident, read from the October 31St Atascadero News article
about the Council's previous denial of a Wal-Mart project. He urged the Council to
honor their word, and move the community forward by approving this proposal. Mr.
Shannon pointed out that the Council integrity, character and honesty is at stake.
Maggie White, Atascadero native, homeowner and a taxpayer, stated that Atascadero
will never be a tourism community or have a wine tasting draw. She spoke of the needs
for the citizens and the needs for a tax base. She urged the Council to move forward
with the processing of the General Plan Amendment.
George Schroff, Santa Margarita, read a prepared statement supporting the Rottman
Group and the Wal-Mart project. He encouraged Council to move forward with the
application of Wal-Mart.
Lynn Hunter, questioned why Wal-Mart would want to build here when the Paso Robles
store is so close. She expressed numerous concerns and asked the Council not to
change the rules for Wal-Mart.
Beverly Aho, Atascadero resident and proud owner of a Historical colony home,
expressed her support of a Wal-Mart in Atascadero. She thanked Wal-Mart for revising
the project with a smaller store and for saving more trees with their new proposal.
Mark Phillips played a DVD with several people expressing their opposition of a Wal-
Mart in Atascadero.
Chuck Ward, read excerpts of an article from the San Francisco Chronicle, concerning
the City of Vallejo, who is considering bankruptcy. He compared Vallejo financial
problems with Atascadero financial problems. He stated that the only business that will
close if Wal-Mart is built in Atascadero is Oppose Wal-Mart.
Dorothy Dodge, resident of Atascadero for 30 years, said that the concerns of those
who are opposed to Wal-Mart are unfounded. She listed several services and benefits
provided to Wal-Mart employees and the surrounding communities of Wal-Marts.
Franka Lansky expressed her opposition of a Wal-Mart in Atascadero. She urged the
Council to not approve this proposal.
Thomas McGee, resident in Atascadero since 1970, stated the retail community in
Atascadero is declining and that the City needs retail development to bring much
CC Minutes 03/11/08
Page 8 of 15
Approved June 10, 2008
needed tax revenue. He said it should be the function of the City Council that if the
applicant has met the criteria that the Council requested several meetings ago, they
should honor their word and proceed.
Bill Hatch said that he has met many employees of Wal-Marts and has never found one
that does not like Wal-Mart. He stated that the corporation is run by the people of
America and it's those people who make it successful. He urged the Council to
authorize the process of the proposed General Plan Amendment.
Randy Lawrence, resident, expressed concern with forcing a large retail development
on a small lot. He pointed out that the location is half the size of the Target and Paso
Robles Wal-Mart sites. He suggested different locations for re-zoning that might better
suit this project.
Steve Isaacson, Atascadero resident for over a decade, stated that he is a Wal-Mart
and Annex supporter. He asked the Council to authorize the processing of the General
Plan Amendment.
Icy Hagador, Atascadero resident, said that if the Council denies this proposal, they will
be sending a message that Atascadero is not business-friendly. She stated that she's
tired of driving to Paso Robles to shop. She urged the Council to process this proposal.
Mayor Brennler asked the Council, since it is 10:30 p.m. and there are still 20-25 more
speakers, if they want to complete the public comment period, deliberate, and vote
tonight.
There was Council consensus to complete the public comment period, deliberate,
and vote tonight.
Bruce Bevins, Atascadero resident, thanked the Council for listening. He congratulated
Wal-Mart on the amount of people supporting them and for revising their plan. He does,
however, have reservations about the wisdom of having Wal-Mart in Atascadero. He
commented on how past Council's have converted commercial zonings into housing.
He strongly urged the Council to choose a consultant for the EIR carefully and he would
like to see Council choose to plan that would meet the requirements of the Shield
Initiative.
Ron Rothman, Atascadero resident, spoke of Mr. Edward Gardener Lewis' dream,
vision and plan for Atascadero. He said it is up to us to be dedicated to do the hard
work needed to complete his vision. He mentioned many factors that prove we are
making progress towards this vision. He asked Council to have the courage to do the
wise thing.
Maria Carroll, who lives behind the property where the Wal-Mart is proposed, wants to
know how many of the people that are in attendance to support Wal-Mart actually live in
the surrounding neighborhood. She bought her home because of the rural nature and
doesn't want to see that destroyed. She encouraged Council to stick to the General
Plan and not re-zone the property.
CC Minutes 03/11/08
Page 9 of 15
Approved June 10, 2008
Elena Reynolds, Atascadero resident for 16 years, expressed her support for retail
development at Del Rio and EI Camino Real. She explained that she shops in either
Paso Robles or San Luis Obispo, but would rather shop in Atascadero. She stated that
she supports a super Wal-Mart and asked the City Council to approve the proposal.
Mike Anderson, lives and works in Atascadero, thanked Wal-Mart for coming back with
a new proposal and being patient with the process. He stated that he's tired of driving
to Paso Robles and San Luis Obispo for shopping. He would rather spend his money in
Atascadero. Mr. Anderson asked the Council to approve this proposal.
Ann Ketcherside, resident of Atascadero, expressed her concerns with a Wal-Mart in
Atascadero. She urged the Council to deny the proposal for Wal-Mart.
Steve Tillman stated his family does 90% of their shopping in Atascadero and is
surprised at all the people who do most of their shopping elsewhere. He asked the
Council to preserve private property rights and deny any re-zoning of the property at Del
Rio. He quoted Edward McMahan, author of "Balancing Nature and Commerce in
Gateway Communities". He said this is about rules and predictability.
Janice Merrill, Store Manager of the Paso Robles Wal-Mart, said that once built, the
Wal-Mart will be run by your neighbors, friends and family. She said Wal-Mart is highly
involved in the community and participate in many community programs. She urged the
Council to approve this proposal.
Ned Thompson, a businessman here in Atascadero, stated that staff repeatedly asked
Council at the prior meeting that if they were to reduce the size, if that would be
acceptable. Council confirmed and has told them what to do and they've done it. He
supports the re-zoning.
MOTION: By Council member Luna and seconded by Council Member
O'Malley to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
Mayor Brennler recessed the meeting at 11:00 p.m.
Mayor Brennler called the meeting back to order at 11:10 p.m.
Anna Pence, Atascadero resident, said that she supports Wal-Mart and would like to
have a variety of shopping choices in Atascadero. Ms. Pence does not believe that
locating another store such a short distance from another Wal-Mart will be an issue.
She wants to keep money local and mentioned traffic issues around large housing
developments in town.
Barbara Norris Landis, former member of the Council, expressed her support for the
proposed project. She believes that competition is healthy and that Atascadero
desperately needs the revenue. She mentioned that this step is only approving one part
am of the project.
CC Minutes 03/11/08
Page 10 of 15
Approved June 10, 2008
Kelly Long, owner of a women's clothing store across the street from the proposed
project, stated that she is not afraid of Wal-Mart hurting her business. She asked the
Council to approve the proposed action. Ms. Long expressed the need for more foot
am traffic and excitement of shopping on that end of town.
Austin Path, local resident, asked the Council not to re-zone the property.
Tino Santos asked the Council to keep their word and approve this proposal. He
commented about stores already being empty prior to Wal-Mart coming. He expressed
frustration with the friction in Atascadero and mentioned the upcoming elections.
Jay DeCou, owner of DeCou Lumber, said that he supports Wal-Mart's property rights
and the right to build on their property. He read a section from a bid he received on a
piece of property he has for sale in town that stated the buyer's concerns that
Atascadero does not have a business friendly persona. Mr. DeCou thinks if Mr. Lewis
was here today, he would embrace the Annex project.
Deena Brians, works in Atascadero at the Mission Oaks Center, stated she wants to
see this project move forward. She said that without this project she's going to be
without a job. Ms. Brians urged the Council to please go forward with this project.
Wesley Dodds, business owner, home owner and commercial property owner in
Atascadero, urged the Council to keep their word and approve the processing of this
General Plan Amendment. He mentioned Atascadero's Council is more anti-business
than pro-business. Mr. Dodds thinks that because of this attitude not a lot of
businesses want to come to Atascadero.
Fred Frank, born in Atascadero, thanked the Council for their patience and hard work.
Mr. Frank expressed his opposition for the proposal for a Wal-Mart in Atascadero. He
believes successful communities of the future are going to be more dense, energy
efficient and rely on a strong local economic base.
Lee Perkins, Atascadero resident, thanked the City Council, staff and the Oppose Wal-
Mart and the Atascadero Shield Initiative Committee. She cited many facts about Wal-
Mart and said that saying yes to processing the application and proceeding with the EIR
is paramount to saying Wal-Mart is coming to town. Ms. Perkins asked council to use
discretion on this issue to adopt Option #2, not to process.
John Holman, lived in Atascadero for 6 years, said he respects the current and past City
Councils. His concern is losing the character in this town. He elaborated on the lengths
that Wal-Mart will go to in order to offer their lower prices. Mr. Holman will work
diligently to put this issue on the ballot.
Mr. Porter, born in Atascadero, stated he supports a Wal-Mart in Atascadero. He spent
all of his life working elsewhere because he couldn't make a living here. He commented
on how difficult retirement and depending upon social security is and how imperative it
is for him to find the lowest prices. He spoke of the depression and thinks we have to
start reducing prices or everything is going to come to a halt.
CC Minutes 03/11/08
Page 11 of 15
Approved June 10, 2008
Mr. Nunez, Manager of The Dollar Store in the Factory Outlets, likes the project plan
currently proposed but would have liked to have seen the restaurants that were
am incorporated in the original plan. Mr. Nunez said that he has numerous people daily
inquiring about employment opportunities and believes that Wal-Mart would help create
much needed jobs.
Jerry Dahlen, lived in Atascadero since 1974, said the Community needs to decide what
is best for the City of Atascadero as a whole. She asked Council to stop spending
money on more studies and accept the application to move forward. Ms. Dahlen
pointed out that the Atascadero Shield Initiative is being misrepresented by the people
asking for signatures. She was told that Oppose Wal-Mart was not part of the
organization when in fact they are. She spoke against the Shield Initiative saying it
restricts competition, restricts consumers' free choice and ultimately erodes the local
economy and quality of life.
Shirley Lyons, lived in Atascadero for a year, stated she supports a Wal-Mart in
Atascadero. She said that the seniors in Atascadero would like a local Wal-Mart. She
spoke of the mobility issues of lots of seniors here and how being able to shop locally
and buy everything in one place would benefit them.
Mike Jackson commented that a lot of people think that they know the facts and there
are lots of mistruths circulating. He said and that we need to proceed with the EIR to
know all of the true facts. Mr. Jackson mentioned the proposed rezoning for Eagle
Creek.
err.
Nora Trenacosta used a PowerPoint presentation to express her concerns about a Wal-
Mart in Atascadero. She urged the Council to not process the proposal by Wal-Mart.
Ms. Trenacosta said that the Atascadero Shield Initiative protects the City government
process and the Shield is sponsored by the Oppose Wal-Mart group and that is and
always has been public knowledge.
A citizen who works at McDonald's in Atascadero, stated that she supports a Wal-Mart
in Atascadero. She thinks that Wal-Mart will help local businesses like McDonald's
bring in more revenue and business traffic, thus creating more jobs and working hours
for people like her in the community.
David Broadwater reviewed the history of Wal-Mart being considered in Atascadero and
recommended the Council approve Option #3. He mentioned the election of 2006 and
asked that some of the Council Members recall their words that they would not be in
favor of rezoning. Mr. Broadwater asked for clarification on whether or not Wal-Mart is
paying the impact development fees.
Chad Pasonedy, who has lived in Atascadero all his life, thanked the Council Members
and expressed his opposition to a Wal-Mart in Atascadero. He said that less than 10%
of results from EIR's actually get mitigated when they find that there is some sort of
negative impact. Mr. Pasonedy doesn't support this project because there's another
CC Minutes 03/11/08
Page 12 of 15
Approved June 10, 2008
store in such close proximity, he doesn't think that it's right for the local environment and
he doesn't feel it's a morally correct decision to support the Wal-Mart corporation.
Bob Wilkins urged the Council to continue with E.G. Lewis' vision and bring revenue to
Atascadero by adopting this proposal.
Jeannie Mallory, who lives and works in Atascadero, expressed her surprise that so
many people are in favor of a Wal-Mart in Atascadero despite the facts and research.
She urged the Council to not give up on Atascadero and not to process the application.
Al Fonzi stated he is not a Wal-Mart shopper but he does buy his glasses at their vision
center. He said that our citizens need more shopping opportunities. He urged the
Council to be fair and unbiased and process this General Plan Amendment. He spoke
about the impacts of Proposition 13.
Tom German, who was born in Atascadero, stated he is opposed to a Wal-Mart in
Atascadero. He would like to see Atascadero come together and support the stores
that are now open, even if the cost might be a little more.
Gary Kirkland stated he supports private property rights for Wal-Mart and thinks Council
should approve the proposal. He believes there is no reason why a plan, such as the
General Plan, that was made a long time ago can't be changed or amended with the
times. Mr. Kirkland stated he is here to protect freedom and the right of citizens.
Brian Wallis, a longtime resident and business owner of a recording studio downtown,
doesn't think that Wal-Mart fits in with Atascadero. He supports the "no Wal-Mart" side.
Roberta Fonzi said that as a Planning Commissioner, she feels that every applicant
deserves a fair hearing with all the facts. She believes an EIR would give the City those
facts and she urged the Council to vote for the EIR.
Mary Ritter, Atascadero resident near Del Rio, referred to the saying "build it and they
will come." She commented that she has watched the outlet stores go out of business
due to the fact that there is no anchor store. She thinks Atascadero needs an anchor
store.
Megan Souza hopes to be a voice for younger people in Atascadero. She thinks it's
unfair to gage the health of a City just by sales tax revenue. Ms. Souza believes there
are other options besides a retail store that should be considered to help revitalize
Atascadero.
Mayor Brennler closed the Public Comment period.
Mayor Pro Tem Beraud moved to adjourn, no second.
am MOTION: By Council Member O'Malley and seconded by Council
Member Clay to adopt Option #1.
CC Minutes 03/11/08
Page 13 of 15
Approved June 10, 2008
Mayor Pro Tem 136raud expressed her concerns about going forward with this process
after hearing that much public comment. She expressed appreciation for Wal-Mart's
efforts to work with the City and to bring back a revised application. She believes this is
a starting point but doesn't feel we're quite ready to go forward with the EIR process.
After reviewing the General Plan she has the following concerns:
1. Is the proposed amendment in the public interest?
2. Loss of high density housing on the Del Rio corner
3. Section II-28: Preserve contours of the hills
4. Policy 5.3: Prevent unnecessary intensive grading
5. Section II-31: Tree covered hills shall be preserved to retain the distinctive scenic
quality of the community
6. Provide park facilities to all Atascadero residents
7. Program II-40: Acquire improved neighborhood park site in the Del Rio/EI
Camino Real Area (5 acres)
8. Housing element V-21: four lots in the multiple lots that are being proposed for
development are identified as potential for affordable housing of 56 units to meet
state housing numbers
9. V-40: Ensure an adequate supply of land for new housing production
Ms. Beraud also mentioned that she has only been on the Council for a short period of
time and can't fix the mis-steps of prior Councils. She's hoping the exact project as
presented tonight will be amended.
Council Member Clay stated that Atascadero needs some hope and he feels that
processing this General Plan Amendment will give Atascadero that hope. He
commented on the excitement over Colony Square as the progress continues. He said
change is inevitable and that Atascadero has changed a lot. He thinks that the General
Plan is just a general guideline. He urged the Council to go forward with this tonight.
Council Member Luna said that the General Plan is the constitution for the development
in the City. He expressed that it is very important that this document should only be
changed for very serious, important reasons, even though it can be amended 4 times
per year (2 for the City and 2 for developers). He stated that the 2002 General Plan
was a 25 year vision. He responded to an earlier comment by saying that Council
would be here reviewing any project if it wasn't consistent with the General Plan, even if
it wasn't Wal-Mart submitting, but most of the public probably would not. He stated that
he thinks the EIR will answer a lot of questions including the questions Mayor Pro Tem
Beraud has raised. He will support this motion and accept the application. He has a lot
of reservations and that's why he's agreeing to send it forward; to get more concrete
information from experts.
Council Member O'Malley would like to move forward with the environmental and
economic analysis and get the facts. He said he concurs with the concerns brought up
by Mayor Pro Tem Beraud and Council Member Luna but has to have the information to
V,,,, be able to address them. He stated that to implement the General Plan you have to
CC Minutes 03/11/08
Page 14 of 15
Approved June 10, 2008
have a general budget and our City's general budget is in trouble. He expressed thanks
for the support to move forward.
Mayor Brennler stated that he has significant reservations. He said he's not against
Wal-Mart nor does he have an endearment to them. He does have customer service
and quality concerns with regards to Wal-Mart that he's like to find out more about. He
expressed offense that the motion was pushed forward before Council comments.
MOTION: By Council Member O'Malley and seconded by Council
Member Clay, to direct staff to process both of the project
applications by adopting Draft Resolutions A and B. This
action would include directing staff to return to the City
Council for a Specific Plan project boundary approval.
(Resolutions #2008-010 & #2008-011)
Motion passed 4:1 by a roll-call vote. (Beraud opposed)
COMMUNITY FORUM: None
E. ADJOURNMENT:
Council Member Clay made a motion to adjourn and Council Member O'Malley
seconded the motion.
Mayor Brennler adjourned the meeting at 1:00 a.m. to the next regularly scheduled
meeting of the City Council on March 25, 2008.
MINUTES PREPARED BY:
P14W,44-,
Marcia McClure Torgerson, C.M.0 City Clerk
low
CC Minutes 03/11/08
Page 15 of 15