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HomeMy WebLinkAboutMinutes 053006 - Joint MtngApproved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 1 of 12 SPECIAL JOINT STUDY SESSION Atascadero City Council Atascadero Planning Commission MINUTES Tuesday, May 30, 2006, 6:00 p.m. Atascadero City Hall 6907 El Camino Real, Atascadero, California PROPOSED COMMERCIAL PROJECT AT EL CAMINO REAL AND DEL RIO ROAD Mayor O’Malley called the meeting to order at 6:02 p.m. ROLL CALL: Present: Council Members Clay, Luna, Pacas and Mayor O’Malley Planning Commissioners Fonzi, Kelley, Porter, Slane, O’Keefe and Chairperson Beraud. Absent: Commissioner Jones Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson, Deputy City Clerk Grace Pucci Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Police Chief John Couch, Fire Chief Kurt Stone, Deputy Public Works Director Geoff English, Deputy Community Development Director Steve McHarris and City Attorney Patrick Enright. Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 2 of 12 City Attorney Patrick Enright announced that Commissioner Jones was absent this evening as he lives within 560 feet of the Highway 101 / Del Rio interchange and the city is awaiting the opinion of the FPPC to determine if there is a conflict of interest before he attends any of these meetings. APPROVAL OF AGENDA: Mayor O’Malley reviewed the agenda for the meeting and explained that no decisions would be made this evening; there would only be public input and direction to staff. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Pacas to approve the agenda. Motion passed 10:0 by a roll-call vote. JOINT STUDY SESSION: PROPOSED COMMERCIAL PROJECT AT EL CAMINO REAL AND DEL RIO ROAD DESCRIPTION: Property Location is approximately 40 acres located on the northeast and southeast corners of El Camino Real and Del Rio Road in Atascadero, CA. The property owner is considering a master planned commercial center with housing. No formal project applications for this project have been submitted to the City as of 5/25/06. This workshop is the first step in a comprehensive project review process. The Council will not be taking any formal action at this meeting. INTRODUCTION AND WELCOME Mayor O’Malley welcomed those present. REVIEW OF PROCESS: City Manager Wade explained the contacts between the City, the Rottman Group and a variety of retailers. Community Development Director Warren Frace gave an overview of the hearing process for this type of project and explained the purpose of the workshop this evening. He explained that the public is invited to comment on this project either in person this evening, through comment cards available in the City Hall Lobby or the City Website, and that they can sign up to be placed on a mailing list for future meetings on this project. Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 3 of 12 PRESENTATION OF INITIAL CONCEPT FOR PROJECT AT EL CAMINO REAL AND DEL RIO (The Rottman Group): Keith Mathias, Rottman Group, gave the presentation. Tom Morrell co owner of Mission Oaks at the Annex spoke about his unsuccessful negotiations with Trader Joe’s. Tony Viasenor, broker, spoke about his contacts with potential co -tenants for the site and the importance of having a major anchor in the project to secure those tenants. CITY COUNCIL & PLANNING COMMISSION QUESTIONS: Council Members and Commissioners asked questions of the applicant and staff and gave their ex-parte communications. Ex Parte Communications  Commissioner Kelley stated he met with the representatives of the Rottman Group on May 17th at that time the conceptual plan was presented to him regarding a possible layout for the proposed center. No disclosure was made as to any possible tenants, and nothing was asked of him regarding his opinion of the project.  Commissioner Fonzi stated she had received many emails to which she did not respond, and had conversations with citizens in the community. She also met with Maury Froman and Keith Mathias, on site on May 25th. No commitments were made, as this was informational only, and she looked at the plans as shown tonight.  Commissioner Porter stated he met with Keith Mathias and Maury Froman on May 18th, on site and looked at the same site plan as shown tonight. No other materials were provided, looked at, or taken from that meeting and he gave no commitment or opinion at that time.  Council Member Clay stated he met with the Rottman group early on when they were putting these parcels together, and they told him they were trying to put a number of parcels together for a commercial project. He then met with them recently and was shown the plot plan. He had a number of telephone calls in relation to those meetings for confirmations and he had telephoned them recently regarding the format for this meeting tonight.  Council Member Luna stated that in May of 2005 shortly after returning from an International Conference of Shopping Centers that was also attended by Assistant City Manager Jim Lewis and Redevelopment Specialist Marty Tracey, Assistant City Manager Jim Lewis told him there was a possibility of getting a Wal Mart in Atascadero. In August of 2005 Mayor Tom O’Malley and he met with Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 4 of 12 representatives of the Rottman Group at Hush Harbor who said they had bought the property and were going to go with the existing zoning, but were convinced by staff to go for a big commercial project, and Wal Mart was mentioned by them. In September he received an invitation to an Edna Valley Winery event from Maury Froman of the Rottman Group, but he declined the invitation. At the end of October Tom O’Malley and he met again with the representatives of the Rottman Group to listen to their update of the project. On January 11, 2006 he received a copy of a letter addressed to Mayor Tom O’Malley from the Rottman Group. The letter spoke of the assembly of the properties and the attempt to secure a major anchor for the proposed master plan and the necessity to rezone properties from residential to commercial; Wal Mart was not mentioned. On May 16, 2006 he met with the Rottman Group at Hush Harbor for a preview of what has been presented tonight. He stated the representatives of the Rottman Group have always been very courteous and open in their discussions with him.  Mayor O’Malley stated he and his wife have known Maury Froman’s wife from the time before she was married to Mr. Froman and they have had social contact for some time. He stated he has had somewhere between 15 to 20 contacts over a number of years with Maury Froman and other representatives of the Rottman Group. Of those contacts about 1/3 were more social, 1/3 have been with projects not related to this, and 1/3 were meetings related to Del Rio and any potential tenants. Two of those meetings were with Council Member Luna relating to their positions on the Finance Committee and looking for potential retail sales expansion in town. In addition, he met with them more recently when they were meeting with all of the Council Members and Commissioners. He heard in his discussions with Council Member Luna of the possibility of a couple of large anchors. At that time nothing had been set, but Wal Mart, Lowe’s, and a major grocery store, were mentioned. He has had no contact with Wal Mart other than 4 or 5 non management employees who live in Atascadero who have contacted him. He has received numerous emails and had conversations in the street. He had written a letter to Trader Joes stating they would be welcome in Atascadero.  Mayor Pro Tem Pacas stated she has heard from and corresponded with numerous people on both sides of this issue. The first she heard of Wal Mart was from rumors going around, not from any staff member or anyone from Rottman, or any Cou ncil Member. She met with Rottman representatives Keith Mathias and Maury Froman on May 17th and they gave much less information at that time then was given tonight. The information given was very vague and involved the gathering of their property, what they had put together, and thoughts on possibly changing the land use. There was no discussion of possible tenants.  Chairperson Beraud stated she met with the Rottman Group on May 18th at City Hall for one hour. At that meeting they went over plans and no promises were made or questions asked. Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 5 of 12  Vice Chairperson O’Keefe stated she met with the Rottman Group on May 18th at which time they covered what was presented tonight but in less detail. She has also received emails from the Oppose Walmart group  Commissioner Slane stated he met with Keith Mathias and Maury Froman on May 16th with Mayor O’Malley and received a brief preview of what was presented tonight; no commitments were made. He has also had several contacts from community members expressing their feelings over the rezoning. PUBLIC COMMENT: Tom Comar, spokesperson for Oppose Wal Mart, stated his reasons for opposing the rezone including; a rezone will mean getting a Wal Mart, a super Walmart will not bring good jobs or benefits, and it may cause small stores to close. He thinks the rezone should go to a vote of the public. Mitch Paskin stated he hoped the decision on the rezone would be made by the elected officials of the city, and asked several questions of the Rottman Group and staff. Alitha Musgrave expressed concern regarding safety and crime in the large parking lots that would surround Wal Mart, as they have no outside security. Steven Good indicated he would like to see the developers provide Atascadero with a shopping mall, he did not think it was necessary to duplicate what shopping already exists a few miles away. Leigh Perkins stated she opposes the rezoning and Wal Mart coming to Atascadero, as it would endanger local businesses and the wage scale. She spoke about a lawsuit against Walmart for discriminating against women, and stated that Wal Mart imports merchandise from outside the United States. Rosemarie Handy spoke in favor of keeping the small town atmosphere as stated in the General Plan and in support of small businesses that would be impacted by a Wal Mart store. Joe Modica speaking for the Chamber of Commerce stated that the Chamber supports commercial development at that site, but it is not taking a position on what anchor store should be sought. David Broadwater stated that the ex parte communications were unacceptable, and that Wal Mart is predatory on other businesses in town . He said that roads and essential services can be funded without a Wal Mart. Marilyn Brown indicated she had no argument with commercial development in town; however she is not in support of a Wal Mart superstore. She stated their business Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 6 of 12 practices and treatment of employees is not acceptable , and they purchase from overseas manufacturers that use sweatshops. Eric Greening suggested that more information from staff regarding their ex parte communications is needed and spoke about the negative impacts to the interchange at Del Rio Road and Highway 101 from this project. Ron Rothman spoke about the timing of the city questionnaire and stated that the community as a whole should decide if this project is wanted. Greg Barber stated he supports having some commercial development in this area but not at the expense of poor quality sterile merchandise. Robert Skinner spoke about Wal Mart paying their employees less than other businesses forcing the taxpayers to subsidize their employees for needed services. He is against the rezone and against Wal Mart. Lynn Hunter indicated she would like to see homes and a little retail space at this site. She stated that Atascadero can only grow so much because of its larger lots and must therefore find other ways to fund needed services. Ray Johnson explained that housing does not carry its weight to support needed services. Since the General Plan was redone the city has lost commercial acreage so good retail is needed to provide the cash flow necessary to run the community. Tom Birkenfeld, President Atascadero City Firefighters, spoke in favor of rezoning this area to commercial. He stated the city needs increased tax revenue to supply essential services to the community and urged keeping an open mind and looking at any large retailer interested in coming to Atascadero. Jeff Willshusen, President Atascadero Police Association, expressed his support for changing the zoning from residential to commercial to promote financial security for city services. Susan Brackten stated her opposition Wal Mart and addressed the morality of allowing a corporation such as Wal Mart to move into the community. Corinna Jones spoke against allowing a super Walmart in Atascadero. She stated that in her home town in Colorado many local businesses closed when a Walmart came to town. Casey Bryson, Atascadero Firefighters Association, spoke in support of changing all the zoning at this site to commercial, which will help provide financial support for city services, parks and roads. Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 7 of 12 Michael Sarnetta, Atascadero Firefighter, commented that Atascadero is growing in population and he is concerned about maintaining city services which will also increase. He stated that commercial development will give the city the opportunity to collect tax dollars to provide essential services in the community. Ashley Hatch spoke in favor of commercial growth to provide increased revenues to the city, without which the alternative would be to increase taxes. Peter Laughlin spoke about balanced growth and the highest and best use of commercial land in this area. He stated this is an incredible opportunity to develop this site in a smart way to benefit the community and that it was a wise placement of commercial development. Maria Hooper stated she supports downtown revitalization and protecting current businesses. She does not support rezoning this area to commercial. Tera Conrad indicated she had moved here for the quiet, peaceful atmosphere and open space. She is opposed to heavy development and a super Walmart. Steve Tillman read from a Kiplinger Letter article stating that many large retailers are vying for space at the Del Rio Road and Highway 101 interchange. He spoke about the effect a Wal Mart would have on local entrepreneurs and on the community and stated he was against the rezone. Chandra Keo stated she lives in the Colony Homes development next to this site and outlined her concerns about traffic, turning out of her development onto El Camino Real, outside cars in the neighborhood, and outsiders using their park. She asked the city to look at the impacts to her neighborhood from delivery trucks, parking, noise and lights from the proposed project. Michael Rosen thanked the Rottman Group for their willingness to pursue other possibilities before presenting the community with this plan, and stated h e would like this to be developed under the existing zoning ordinances without a Wal Mart. Mary Ann West stated the city should concentrate on building up the downtown area, and expressed her objection to the way Walmart treats its employees and overseas workers. Bill White, Vice President Atascadero Professional Firefighters Association, spoke about how the city has had to dip into reserves to maintain essential services, and stated the importance of capitalizing on sales tax revenues for funding those services. Scott Hallock, Atascadero Fire Department, commented that many acres in Atascadero have been rezoned from commercial to residential, which lessens the potential for a tax base. He stated this was an opportunity to take back some of that commercial property to get back lost revenues. Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 8 of 12 Lee Blanchette stated the concerns of the firefighters are real, but that there must be another way to provide for those services. Mark Phillips read a prepared statement from another resident stating their opposition to Wal Mart. Speaking for himself, Mr. Phillips would like the developer to go back to the drawing board and find another occupant for that space before it is rezoned. Robert Cuthbert spoke about Wal Mart’s employment activities and against allowing them in Atascadero because of the n egative impact to the community from the low income jobs they bring. Hannah Toman, representing the student body at Atascadero High School, spoke about a recent poll done on campus, which found that 114 of 133 students thought that Walmart would have a negative impact on local community. Thomas Rush spoke about Paso Robles’ experience with Wal Mart and how many downtown stores and Kmart went out of business. He also remarked about how little of Wal Mart’s income goes into local banks, and of the problem of keeping them permanently in the community. Brandon Istenes spoke against rezoning this area, and stated that the environmental impacts of Wal Mart would be against the tenets of the US Mayors Climate Protection Agreement. The speaker (no name given) stated she moved here from Napa because there was no Walmart and that Atascadero is a unique and beautiful place that she would not like to see spoiled by a Wal Mart. Ian Wood, Atascadero High School student, stated he thinks the revenue problem is not due to the lack of large stores, but because the state and federal governments are low on money. Cindy Smith spoke about the lack of benefits for Wal Mart employees and asked the city to explore other options for this site. Ann Hatch agreed that funds are needed, but she hopes there are other options besides major retail. She would like to see resources brought to this community that would add to the job base, education level and real estate market. Zoe Radkee stated the city does not need Walmart. David Pecci, Templeton High School student, suggested building a mall rather than a super Walmart. He submitted a list of stores not currently in the County. (Exhibit A) Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 9 of 12 Andrew Christy, Sierra Club, stated it would be counter to the intent of the US Mayors Climate Protection Agreement to have a Wal Mart here, and spoke about the environmental impacts to the community from Wal Mart Mayor Pro Tem Pacas left the meeting at 9:00 p.m. and turned in a written statement to the City Clerk. (Exhibit B) Livia Kellerman read from a prepared statement from the Baker Family against allowing Wal Mart in the community. Ms. Kellerman questioned why Wal Mart would want to come to Atascadero when others retailers would not, and asked that Wal Mart not be put in Atascadero. Robin Deary pointed out that Atascadero doesn’t have to take Wal Mart just because other retail stores don’t want to be here. She is against rezoning until it is determined what type of stores would be permitted. John Heatherington spoke against Wal Mart’s employment practices and their buying from foreign sweat shops. He asked that no zoning changes be made until it is known what the city is actually getting. Barbara Spelina expressed concern regarding the impacts from a development this large on the surrounding residential neighborhoods. She also spoke in support of the downtown, and cited an example of how another small town brought in a large retailer resulting in many small businesses in the downtown closing. Randy Lawrence stated he lives near this site and, because one of the reasons he came here was for the rural atmosphere, he asked that this area not be zoned commercial. Trish Ringley spoke against having a Wal Mart in town and urged the city not to rezone this area unless it can guarantee something special for the site. Nancy Vetter stated she doesn’t think Wal Mart belongs here and would like more interesting shops. Ms. Vetter also read from a prepared statement from Monica Carr against allowing Wal Mart in the community. Maggie White stated she supports commercial development at this site. She now goes to other cities to shop and would like her money to stay in Atascadero. Kathy DiGratsia commented that this was a good opportunity to galvanize the community to help decide what should go into this site. Christine Moore spoke against allowing Wal Mart to come into the area stating it isn’t needed and they have poor employee practices. Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 10 of 12 Daphne Fahsing stated that though she doesn’t want to see 180 homes on that property, she would not like to see a Wal Mart there. She would be in favor of some other retailer at the site. Franka Landsky asked that the site not be rezoned especially if it is for a Wal Mart store. The speaker (no name given) stated there are better ways to get money than with Wal Mart; he would prefer to see more educational opportunities available. Mayor O’Malley closed the Public Comment period. Keith Mathias, Rottman Group, responded to issues raised during public comment and stated it was important to look at both sides of the issue. He commented that the question to be answered is does the community want to rezone that land to commercial. PLANNING COMMISSION COMMENTS: Commissioner Slane indicated he was impressed with the turnout tonight and stated he was worried about the future of Atascadero. He wants the town to grow economically and thinks commercial property should be developed, but he doesn’t necessarily think a Walmart is needed. He would like to see the community work together as a whole to explore other options. Vice Chairperson O’Keefe made no comments. Chairperson Beraud spoke about the great comments received and agrees that if the city is going to rezone the area it must know what the rezoning is for. Whatever goes in there should be special, and it would be good to limit the size of the stores allowed to prevent super stores from being tenants. She supports a financial agreement with the new development to support existing and downtown businesses. Commissioner Kelley stated the community has spoken and he was impressed with all the different generations that commented. He said that this will put smart growth to the ultimate test and that there is a need for commercial development in town, but there is also a responsibility to other businesses in town as well as the downtown, which is owed some protection or safeguard. He thinks the door should be open to look into all the alternatives that are available for the property. Commissioner Fonzi indicated that the city has an incredible opportunity at this point to build in a smart way. It is important to bring people here for reasons other than shopping. She commented that the community can come up with something better than what has been shown. It is important to be careful not to rezone until the city knows what it is getting. She would like to see something that would support city services, but at the same time being careful how that revenue is procured. She stated personally that Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 11 of 12 she could not look herself in the mirror if she voted for Wal Mart, and urged taking time and doing this right. Commissioner Porter thanked everyone from the community who turned out tonight. He agreed this would put smart growth principles to the test. He stated there is only a limited amount of commercial properties left and the city must be very careful on what is done with this site. He is leaning toward developing this commercially rather than having another 180 residences. CITY COUNCIL COMMENTS: Council Member Clay spoke in support of city staff and explained that Council had voted unanimously in strategic planning to have staff seek out retail for the city. He stated he is here to represent the entire community and that is how he looks at issues. He indicated that leakage to other communities for shopping is a problem, and spoke about the reduction of commercial and increase in residential development. He is supportive of working out a development agreement to provide the downtown with funds. He explained that there is a problem with the tax base and if the community wants services and roads fixed then there must be more retail. He supports the rezoning of the property to commercial rather than having 180 homes, and because this site is in the redevelopment area there would be a large amount of tax revenue for the city. Council Member Luna stated that he did not support the 2003 General Plan and to pass that findings of overriding considerations had to be made, significant impacts were identified. One of those impacts was the stress on police and fire by adding 10,000 new people to the community and that resources would not be available for supporting that increase of 10,000 people. He stated this is the position Atascadero finds itself in now and there is a significant impact that must be addressed by either raising the sales tax or with a Wal Mart. He thanked the Rottman Group for their presentation and stated he did support this area being prime commercial, however at that time it was not assembled as the huge parcel it is now and that this could only attract something like a super Wal Mart. He thinks that what they have done here is an opportunity for Atascadero, but he is not going to support any kind of rezoning while there is still the potential that a super Walmart could occupy that space. Mayor O’Malley stated he is concerned that Atascadero is in competition with other regions and other cities and he does not want the city to be perceived as unfriend ly to business. He spoke of the importance of having some economic analysis on this project to determine what the net impact on the community would be for different business combinations. He also thinks it is important to continue with the community process and stated this project will have an environmental impact report. He commented that there is a better opportunity to meet infrastructure demands by looking at larger projects. He stated he has no preconceived ideas of what should be done on the parcel, and personally would rather see commercial development of some sort than more residential. Mayor O’Malley indicated there are offsets for larger commercial centers such as a development agreement to assist the downtown. He spoke about Approved June 27, 2006 CC/PC Minutes 05/30/06 Special Joint Study Session Page 12 of 12 incentives and partnering with developers to bring in city revenues. He agrees this must be thought through and done right, and he would support this being a prime commercial site, but the city must know what it is going to get. Council Member Clay stated that the reason he supports a store like Wal Mart is because it gives the city’s workforce people and seniors the ability to stretch their dollars. ADJOURNMENT: Mayor O’Malley adjourned the meeting at 10:12 p.m. The City Council and Planning Commission adjourned to their next regularly scheduled meetings. MINUTES PREPARED BY: _________________________ Grace Pucci, Deputy City Clerk The following exhibit is available for review in the City Clerk’s Office: Exhibit A – David Pecci, list of stores not currently in the county Exhibit B – Becky Pacas, written statement