HomeMy WebLinkAboutMinutes 051110 Approved June 22, 2010
rune ;,� r•Iloilo 11979CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
Tuesday, May 11, 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
City Council Closed Session: 5:45 P.M.
Community Redevelopment Agency Special Meeting: 6:00 P.M.
City Council Regular Session: Immediately following
conclusion of the Redevelopment Agency Meeting
CITY COUNCIL CLOSED SESSION: 5:45 P.M.
1. PUBLIC COMMENT— CLOSED SESSION — None
2. CALL TO ORDER
a. Conference with Labor Negotiators(Govt. Code Sec. 54957.6)
Agency designated representatives: Wade McKinney, City Manager
Employee Organizations: Atascadero Firefighters Bargaining Unit;
Atascadero Police Association; Service Employees International Union,
Local 620; Mid-Management/Professional Employees; Non-Represented
Professional and Management Workers and Confidential Employees
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Approved June 22, 2010
3. ADJOURN
CLOSED SESSION REPORT
City Attorney reported that there was no reportable action taken.
CITY COUNCIL REGULAR SESSION: 6:00 P.M.
Mayor Fonzi called the meeting to order at 7:10 p.m. and Mayor Pro Tem O'Malley led
the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi
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, Public Works Director Russ
Thompson, Community Services Director Brady Cherry, Police
Chief Jim Mulhall, Fire Chief Kurt Stone, and City Attorney Brian
Pierik.
APPROVAL OF AGENDA: Roll Call
Mayor Fonzi stated that it has been suggested that Item #C-3 be moved to #A-4.
MOTION: By Council Member Clay and seconded by Council Member
Beraud to approve the agenda as amended.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR:
1. City Council Meeting Draft Minutes — April 13, 2010
■ Recommendation: Council approve the Draft Meeting Minutes of April
13, 2010. [City Clerk]
2. March 2010 Accounts Payable and Payroll
■ Fiscal Impact: $1,413,541.25
CC Meeting Minutes of 5/11/10
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Approved June 22, 2010
■ Recommendation: Council approve certified City accounts payable,
payroll and payroll vendor checks for March 2010. [Administrative
Services]
3. Transit Center Engineering Design Contract Award (Contract for
Professional Services)
■ Fiscal Impact: Not to exceed $71,972.00. SLOCOG has committed
Proposition 1 B funding for the design of the project
■ Recommendation: Council authorize the City Manager to execute a
contract with Wallace Group, Incorporated to design the Transit Center
improvements for an amount not to exceed $71,972.00. [Public Works]
4. On-site Alcohol Sales License Determination of Public Convenience -
PLN 2010-1363 -- 6917 EI Camino Real, Suite C "Galaxy Theater"
(Colony Square, LLC/Galaxy Theater)
■ Fiscal Impact: Slight positive fiscal impact expected from increased sales
tax.
■ Recommendation: Council adopt Draft Resolution A finding that a public
convenience would be served by allowing the issuance of an on-site sale
of beer and wine license for the Galaxy Theater, a new establishment
located at 6917 EI Camino Real (Colony Square). [Community
Development]
MOTION: By Council Member Clay and seconded by Council Member
Beraud to approve the Consent Calendar.
Motion passed 5:0 by a roll-call vote. (#A-3: Contract No. 2010-
010, #A-4: Resolution No. 2010-038)
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney gave an update on the following issues:
• The City Council reviewed the quarterly Treasurer's report and the report from
the Grand Jury about elected City Clerks and City Treasurers at the Finance
Committee meeting earlier tonight.
• WalMart open house had over 100 people in attendance.
• Assistant City Manager Jim Lewis reviewed the Office of Economic Development
webpage and Tools for Business Success site.
COMMUNITY FORUM:
Mitch Paskin asked that his questions concerning Oak Ridge Estates, that were asked
at the last Council meeting, be answered. What building permits are outstanding? Who
is going to pay for the damage to the road?
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Approved June 22, 2010
Jim Wilkins, President of the Atascadero Historical Society, announced an upcoming
event at the Colony House.
Len Colamarino asked for an update on the FEMA appeal concerning the restoration of
the City Hall.
Warren J. Sarvis, III, stated that the Council broke State law last month when they voted
to ban medical marijuana facilities.
Joanne Main, Atascadero Chamber, announced upcoming Chamber events in
Atascadero.
Chuck Ward, co-chairman of the Purple Heart Trail committee, gave the Council an
update on their progress.
Steve Martin, Main Street Executive Director, announced upcoming Main Street events
in Atascadero.
David Broadwater expressed his opinion concerning the events between two Council
Members at the last meeting. He also asked the City Council to consider adopting a
resolution, at their next meeting, against the International Whaling Commission's
request to lift the moratorium on commercial whaling. (Exhibit A)
Ron Walters stated his opinion concerning the events between two Council Members at
P 9
the last meeting.
Warren J. Sarvis, III, asked for permission to hand out business cards.
Mayor Fonzi closed the COMMUNITY FORUM period.
City Manager Wade McKinney responded to questions asked:
• Oak Ridge Estates — staff is acquiring the information and will respond to Mr.
Paskin by the end of the week.
• FEMA appeal is not yet on the City's website, but it is available in City Hall
• City Attorney respectfully disagreed with the comment that the City violated State
Law.
There was Council consensus to have Mr. Broadwater submit more information
concerning the whaling moratorium for the Council to review.
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Approved June 22, 2010
B. PUBLIC HEARINGS:
1. Weed Abatement— Hearina of Objections
■ Fiscal Impact: The costs and revenues associated with the Weed
Abatement Program vary from year to year and are dependent on
property owner non-compliance. The fees are placed on the San Luis
Obispo County Special Tax Assessment for the fiscal year 2010-2011
Tax Roll.
■ Recommendations: Council:
1. Hear all objections to the proposed removal of vegetative growth
and/or refuse and allow or overrule any objections; and,
2. Authorize the Fire Chief to proceed and perform the work of
abatement. [Fire]
Fire Chief Kurt Stone gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
Jerry Williams stated he has a problem with the weed abatement program, and
expressed his concerns.
Mayor Fonzi closed the Public Comment period.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Beraud to:
1. Hear all objections to the proposed removal of vegetative
growth and/or refuse and allow or overrule any objections;
and,
2. Authorize the Fire Chief to proceed and perform the work of
abatement.
Motion passed 5.0 by a roll-call vote.
C. MANAGEMENT REPORTS:
1. PLN 2009-1341 -- CUP 2009-0244 / RAB 2010-0019 Conditional Use
Permit for a 10 Screen Movie Theater / Retail / Restaurant building
Request to Summarily Vacate a Portion of Atascadero Mall Ave. and EI
Camino Real -- 6320 - 6490 EI Camino Real (Hoff/Wysona)
• Fiscal Impact: The applicant shall pay all fees and expenses to abandon
the Right-of-Way. City Council will be considering issues regarding
right-of-way compensation and final terms of the property transfer. The
theater and retail portions of the project will be revenue positive to the
City regarding sales tax and property tax increases.
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Approved June 22, 2010
■ Recommendations: Planning Commission Recommends the City
Council:
1. Adopt Draft Resolution A approving Road Abandonment 2010-0019
to summarily vacate a 10-foot wide road and landscape easement
along the EI Camino Real right-of-way, and a portion of Atascadero
Mall Ave based on findings and subject to conditions of approval;
and,
2. Adopt Draft Resolution B approving a Conditional Use Permit, height
waiver, and Tree Removal Permit for the La Plaza Theater project
based on findings and subject to conditions. [Community
Development]
Community Development Director Warren Frace gave the staff report, Public Works
Director Russ Thompson explained the requested easement and requested road
abandonment, and they both answered questions from the Council.
Ex Parte Communications
Council Member Clay spoke to Larry Wysong who stated that none of the additional
properties are tied down.
Mayor Fonzi recessed the meeting at 8:35 p.m.
Mayor Fonzi reconvened the meeting at 8:45 p.m.
PUBLIC COMMENT:
Michael Sherer, Applicant representative, explained the process they have followed and
answered questions from the Council.
John Roush, theater owner, answered questions from the Council. He stated that he
needs the City to approve the conditional use permit before he pulls all the additional
properties together, acquire financing, etc. Mr. Roush said that he will not build the
theater without the balance of the project.
Chuck Ward, Planning Commissioner, stated he is the one Commissioner who voted
against this project. He explained that his reason was that this project just doesn't
make sense. He suggested slowing this process down and conducting an economic
analysis.
Alicia Hammond stated that everyone she has talked to says "Two theaters in
Atascadero?" She urged the Council to deny this request.
Jim Wilkins, President of the Historical Society, said this project doesn't make sense.
He urged the Council to not abandon the road.
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Approved June 22, 2010
Mike Zappas urged the Council to look very carefully at the parking. He stated he would
love to see this block developed, but cautioned the Council on this proposal.
Len Colamarino, Planning Commissioner, said that when the Planning Commission
heard this item,they did not have the information the Council received from the Galaxy
Theater today. After reviewing this information, he asked the Council to slow down the
process.
Tom Comar stated he is shocked because the City claims to be business friendly. He
asked where their business friendly attitude has gone. He urged the Council to call
Galaxy's bluff.
Michael Lautner told the Council they have a difficult decision to make. He strongly
urged the Council to conduct an economic study before making this decision.
Lee Perkins said that she is aghast at how the Council has changed its attitude
concerning this project.
George Schroff stated that he agreed with the suggestion of an economic study before
approving this conditional use permit.
Ben Hoff, Applicant and property owner, said that in his experience as a City Attorney
he has not seen such scrutiny on a proposed project. He asked the Council to approve
the proposed conditional use permit.
Karyn Sturtevant, President of Main Street, read a prepared statement from their Board.
The statement suggested that the following actions would benefit the retail development
in the Colony District; the removal of the height restriction, vacate the 10 foot wide road
and landscape.easement along EI Camino Real, and be mindful of the cumulative
impacts on parking created by any downtown development.
Wesley Dodds said this project is beautiful but seems to be a concept, and not a
prepared plana This project seems to be moving through the process very quickly and
asked the Council to slow down and be cautious.
David Bentz, Planning Commissioner, stated that the Commission approved a plan that
requires John Roush to acquire a building permit before he builds his project. He
believes both theaters would make a profit.
Warren J. Sarvis, III, urged the Council to do their homework on this issue.
Jim Shores, property owner of gas station, asked the Council to approve Mr. Roush's
request for a conditional use permit.
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Approved June 22, 2010
Joanne Main, Executive Director of Chamber, read a prepared statement of their Board
asking the Council to postpone making this decision to allow for the Council to acquire
more information, such as an economic study. (Exhibit B)
li Bruce Bevins stated that he thinks everyone here wants the Downtown to thrive but he
is concerned about this proposal. He suggested postponing this decision.
Frank Rimkus, CEO of Galaxy Theater, gave a brief background of his educational and
work history. He stated that he is concerned with how quickly this proposal has gone
from initial proposal to approval tonight. Mr. Rimkus said, for example, that Galaxy
should have over 400 parking spaces, and they will only have 166. This proposed
theater will have much less. He asked the Council to create a level playing field and
require La Plaza to comply with the City's conditions for approval of a CUP.
Sandy Jack, Planning Commissioner, said that the Colony Square was approved by a
previous Council and the current Council is more business friendly. He stated that he
doesn't see a CUP as a big deal. He urged the Council to consider approving this CUP.
Brian Sturtevant, Planning Commissioner, said that at the Joint Meeting he was
skeptical of this project. However, the public comment was very supportive of the
project. He stated that he feels this project will be a positive addition to the Downtown.
Alicia Hammond again listed her concerns.
Mayor Fonzi closed the Public Comment period.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to go past 11:00 p.m.
Motion passed 5:0 by a roll-call vote.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to direct staff to bring back the initiation of a Zone
Change to eliminate the height restriction across from Sunken
Gardens, including the Downtown Revitalization Plan, to
coincide with the balance of the Downtown.
Motion passed 5.0 by a roll-call vote.
MOTION: By Council Member Clay and seconded by Mayor Fonzi to adopt
Draft Resolution A approving Road Abandonment 2010-0019 to
summarily vacate a 10-foot wide road and landscape easement
along the EI Camino Real right-of-way, and a portion of Atascadero
Mall Ave based on findings and subject to conditions of approval.
City Attorney Pierik interrupted the Council to state that the recommended Draft
Resolution refers to the 10-foot wide road and landscape easement along EI Camino
Real and the Atascadero Mall. If the Council is inclined to approve the EI Camino Real
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Approved June 22, 2010
easement only, the Resolution will have to be re-drafted. He advised the Council to
continue this item to a future date; staff could review any necessary public hearing
requirements, and return to the Council with a Resolution limited just to the El Camino
Real easement.
There was City Council consensus to direct staff to:
• Bring back to Council additional information about the options available for
the vacating of the road and landscape easement,
• Return to Council with a revised Resolution to abandon easement along EI
Camino Real,
• Work with Applicant to prepare a conceptual plan of entire project with
authority to set boundaries and ultimate design,
• Provide additional detailed parking analysis
• Bring back a timeline
MOTION: By Mayor Fonzi and seconded by Council Member Kelley to
direct staff to prepare an economic analysis of 20 theaters in
Atascadero with a cost up to $10,000.00.
Motion passed 4:1 by a roll-call vote. (Beraud opposed)
MOTION: By Mayor Fonzi and seconded by Council Member Clay to
continue Draft Resolutions A & B, continuing the approval of
the CUP to the Council meeting of June 8, 2010.
Motion passed 5:0 by a roll-call vote.
Mayor Fonzi recessed the meeting at 11:36 p.m.
Mayor Fonzi reconvened the meeting at 11:45 p.m.
2. Bond Finance Team
■ Fiscal Impact: The fiscal impact of awarding the contracts is dependent
upon the type and face value of the bonds being issued. The estimated
total underwriting and bond counsel fees for a $16 million bond issue is
approximately $250,000. These fees are due only upon sale of the bond
and will be paid from bond proceeds.
■ Recommendations: Council:
1. Authorize the City Manager to execute an agreement with Piper
Jaffray for underwriting services and;
2. Authorize the City Manager to execute an agreement with Quint &
Thimmig for bond counsel services. [Administrative Services]
Administrative Services Director Rachelle Rickard introduced Mark Curran from Piper
Jaffray who gave a report and answered questions from the Council.
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Approved June 22, 2010
PUBLIC COMMENT:
David Bentz told the Council that there are at least a dozen other firms out there that will
do the same work for the City as the team being proposed to you tonight.
Mayor Fonzi closed the Public Comment period.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Clay to:
1. Authorize the City Manager to execute an agreement with
Piper Jaffray for underwriting services and;
2. Authorize the City Manager to execute an agreement with
Quint & Thimmig for bond counsel services.
Motion passed 5:0 by a roll-call vote. (#C-2.1: Contract No.
2010-011, #C-2.2: Contract No. 2010-012)
3. Stadium Park Fire Study
■ Fiscal Impact: None.
■ Recommendation: Council receive and file this report on the grant staff
received for the purpose of conducting a fire study for Stadium Park.
[Fire]
Fire Chief Kurt Stone gave the staff report and answered questions from the Council.
PUBLIC COMMENT:
Lon Allan, Friends of Stadium Park, wants to be on the record by saying that they are
concerned and want the Park to remain in as natural a state as possible. They support
the need to study the fire potential in Stadium Park. Mr. Allan also stated that they
would agree with the removal of ladder fuels, thinning, and even removal of some of the
non-native plants and trees. He requested that both Atascadero Land Preservation
Society and the Friends of Stadium Park be kept up to date and included in discussions
concerning the Park.
Mayor Fonzi closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Mayor Fonzi to
receive and file this report on the grant staff received for the
purpose of conducting a fire study for Stadium Park.
Motion passed 5:0 by a roll-call vote.
4. Atascadero Trail and Restoration Grant Status
■ Fiscal Impact: There is no fiscal impact to receive and file this report.
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Approved June 22, 2010
■ Recommendation: Council receive and file staff report on the current
status of the Atascadero Trail Project Grant. [Public Works]
Public Works Director Russ Thompson gave the staff report and answered questions
from the Council.
I
PUBLIC COMMENT: None
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
O'Malley to receive and file staff report on the current status of
the-Atascadero Trail Project Grant.
Motion passed 5:0 by a roll-call vote.
COUNCIL ANNOUNCEMENTS AND REPORTS: None
D. COMMITTEE REPORTS: None
E. INDIVIDUAL DETERMINATION AND/OR ACTION: None
F. ADJOURNMENT:
Mayor Fonzi adjourned the meeting at 12:47 a.m.
MINUTES PREPARED BY:
'Marcia-McClure Torgerson, C.M.C.
City Clerk/,Assistant o the City Manager
The following exhibit is available for review in the City Clerk's office:
Exhibit A— Information submitted by David Broadwater re: whale hunting
Exhibit B— Prepared statement submitted by Joanne Main re: La Plaza Theater
CC Meeting Minutes of 5/11/10
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