HomeMy WebLinkAboutMinutes 052510 Approved June 22, 2010
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CITY OF A TA SCA DERO
CITY COUNCIL
MINUTES
Tuesday, May 259 2010
City Hall
Council Chambers
6907 EI Camino Real, Atascadero, California
REGULAR SESSION: 6:00 P.M.
Mayor Fonzi called the meeting to order at 6:03 p.m.
Mayor Fonzi made an announcement regarding Memorial Day. She stated that the City
of Atascadero was chosen as the official designation of the Veterans Memorial in the
County, at today's Board of Supervisor's meeting. She read the Resolution from the
County Board of Supervisors recognizing the "Faces of Freedom" Veterans memorial,
and she asked the public to stand for a moment of silence.
Council Member Beraud led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Clay, O'Malley, Kelley, Beraud, Mayor Fonzi
Absent: None
Others Present: Administrative Assistant Annette Manier
Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis,
Community Development Director Warren Frace, Community
Services Director Brady Cherry, Police Chief Jim Mulhall, and City
Attorney Brian Pierik.
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Approved June 22, 2010
APPROVAL OF AGENDA: Roll Call
MOTION: By Council Member O'Malley and seconded by Council
Member Clay to approve the agenda.
Motion passed 5:0 by a roll-call vote.
A. CONSENT CALENDAR:
1. Memorandums of Understanding for Atascadero Police Association,
Mid-Management/Professional Employees Association and the
Atascadero Professional Firefighters Association Local 3600
■ Fiscal Impact: None.
■ Recommendations: Council approve Memorandums of Understanding
(MOU's) authorizing no changes to salaries or benefits for the
Atascadero Police Association, Atascadero Mid-Management /
Professional Employees, and the Atascadero Professional Firefighters
Association. [City Manager]
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Kelley to approve Item #1 of the Consent Calendar.
Motion passed 5.0 by a roll-call vote. (Contract No. 2010-014,
105, & 016.)
UPDATES FROM THE CITY MANAGER:
City Manager Wade McKinney updated the Council on the following issues:
• Historic City Hall project is moving forward. The environmental hazard mitigation
contractor is doing the tests and has indicated that the tests are going well. Our
construction management firm, Bernards, is on site and the project is moving
forward with a public outreach program.
• The FEMA appeals are final and we are considering our legal opportunities.
• Colony Square is moving forward.
• City Manager McKinney thanked the Public Works Department for their work in
the downtown and City parks.
COMMUNITY FORUM:
David Broadwater asked the City Council to put on their June 8th agenda, a resolution
opposing the resumption of commercial whaling. (Exhibit A)
Karyn Sturtevant stated she supports Mr. Broadwater's comments.
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Approved June 22, 2010
Eric Greening stated he is in agreement with Mr. Broadwater and Mrs. Sturtevant. He
stated we are sharing this planet with living creatures who share our DNA and
evolutionary history, and we need the resolution which would be asking to both continue
and strengthen the moratorium.
Jessica Rodriguez -and Alex Adams, members of Teens at Work, a non-profit
organization run by teenagers, spoke about the program. They perform jobs such as
landscaping, community services, artwork, and the program helps teenagers learn job
skills. On June 5, 2010, they are holding a Recycle Day at Sunken Gardens.
Ms. Betian Web, Program Director for Teens at Work, said their mission is to grow our
next generation of an efficient workforce and civic leaders. They are a program of The
Link. The Recycling Day is being held in partnership with Atascadero Waste
Management and Sylvester's Burgers.
George Schroff, Santa Margarita, stated he greatly respects the integrity of the seats
held by the Council and the decisions they make. He spoke about comments made by
a member of the Planning Commission two weeks ago during public comment in
regards to La Plaza and his approval of the Conditional Use Permit. He found the
comments shallow and discouraging. He is expecting the Council to make informed
conclusive decisions.
Fred Collins, Tribal Administrator with the Northern Chumash Tribal Council, said the
Northern Chumash Tribal Council is the only governing Chumash Council in San Luis
Obisop County. He supports the resolution supporting the protection of whales.
Mayor Fonzi closed the COMMUNITY FORUM period.
There was discussion to take a vote on putting the Resolution regarding the protection
of whales on the June 8, 2010 Council Agenda. Council Member Clay stated for the
record, he would like to hear both sides of the story before he makes a decision, so he
will not support it.
MOTION: By Council Member 66raud and seconded by Council Member
Kelley to support putting a resolution in support of protecting
the whales on the June 8, 2010 City Council agenda.
Motion passed 4:1 by a roll-call vote. (Clay opposed)
Mayor Fonzi recessed the meeting at 6:25 p.m. for the Special Joint Meeting of
the City Council and Planning Commission on the Wa/mart(EIR.
Mayor Fonzi reconvened the meeting at 8:55 p.m.
B. PUBLIC HEARINGS: None
C. MANAGEMENT REPORTS: None
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Approved June 22, 2010
COUNCIL ANNOUNCEMENTS AND REPORTS:
1. Council Member Bob Kelley
a. RECONSIDERATION:
Council Member Kelley requests the City Council reconsider their direction to
staff at the May 11, 2010 regular session under Item C-1 to prepare an
economic analysis of 20 theatres in Atascadero with a cost of up to $10,000.
Council Member Kelley explained his reasons for requesting the reconsideration.
PUBLIC COMMENT:
Michael Latner stated that if the Council is still in favor of doing the economic study, he
would do the study for half price.
George Schroff stated he is in support of an economic study.
Len Colamarino stated he is in favor of the Council reconsidering the vote.
Tom Comar stated he is in favor of reconsidering the vote.
Lee Perkins spoke in favor of reconsidering the vote.
Chuck Ward said the Council should not reconsider the vote.
Mayor Fonzi closed the Public Comment period.
MOTION: By Council Member Kelley and seconded by Mayor Pro Tem
O'Malley to reconsider their direction to staff at the May 11,
2010 regular session under Item C-1 to prepare an economic
analysis of 20 theaters in Atascadero with a cost of up to
$10,000.
Motion passed 4:1 by a roll-call vote. (Beraud opposed)
b. MOTION:UNDER RECONSIDERATION:
Motion by Mayor Fonzi and seconded by Council Member Kelley to direct staff
to prepare an economic analysis of 20 theatres in Atascadero with a cost of up
to $10,000. (Motion passed 4:1 by a roll-call vote— Beraud opposed).
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Approved June 22, 2010
PUBLIC COMMENT:
Chuck Ward said he wanted an economic study weeks ago, as this second theatre has
a major impact on the Colony Square project. Many people believe two movie theatres
may go belly up. He fully supports an economic study. It would lay to rest of lot of
questions and concerns. There is the question of who is going to pay for it.
George Schroff thanked the Council for slowing down the process for the La Plaza
theatres. He feels the applicant failed to demonstrate his confidence in his project with
an opportunity to support a study evaluating an economic feasibility of his project in
Atascadero. He encouraged the Council to pursue an economic study.
Lee Perkins stated the Planning Commission attached adequate conditions to the CUP.
The sooner the project is approved, the sooner John Roush can go forward with
presenting the City with plans. The $10,000 economic study will have no guarantee,
and the City cannot afford a risky expense. She looks forward to both projects.
Len Colamarino said he understands why the original idea was approved but he does
not know if it has a practical benefit. He said since Galaxy Theatres doesn't think more
than ten screens will work in Atascadero, those are matters that have to be considered.
Galaxy may withdraw and La Plaza may not get built, with a worst case scenario that no
theatres will be built. He said an economic analysis won't be decisive in getting to the
right conclusion, so it is better to keep the money. He felt the study should not be
required and the City shouldn't pay for it.
Tom Comar stated he agrees with Mr. Colamarino, as you cannot tell from an economic
study what the impact will be, and it will not provide all the answers. He said La Plaza
will allow options for Atascadero and it will finish the downtown. Galaxy will benefit by
stopping the competition.
Karyn Sturtevant said if you do need to order an economic feasibility study, the study
should not be a boilerplate request since it's not just two 10-screen theatres (there are
different types of screens, i.e. performing arts; the downtown theatre will have
restaurants, etc.) One should not be at the detriment of another.
Michael Latner said no one envies the decision you have to make. Many believe the La
Plaza project may be the more dynamic and feasible project. An economic analysis will
provide you with some understanding of the level of risk in which you are engaging. He
emphasized that this is an important decision. He said Galaxy Theatres is here and
holding you in an uncomfortable position.
David Bentz said you did not require an economic study from Colony Square, Rite Aid,
Albertsons, or Galaxy Theatres, so why is it being required from another citizen in
Atascadero who wants to put forth a lot of money? It does not make sense. An
economic study will not tell you whether he will be successful or not. Mr. Roush has 40
years of experience with movie theatres. He stated that the American dream is
competition and competition benefits everyone.
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Approved June 22, 2010
John Roush, Central Coast Cinemas, said he is against the City spending $10,000 on
an economic feasibility study. The City should not have anything to do with the
competition within the City. He is hearing that Galaxy may pull out if another theatre is
built and there may be blight. His project will eliminate three blocks of blight in an
important portion of the City. It is his opinion that Galaxy Theatres has a lease with
Colony Square, and the banks have a $9 million construction loan with Colony Square,
both recorded at the County of San Luis Obispo. The City has guaranteed 1.5 million
with Colony Square. If they have an out in their lease, the stockholders might be very
interested. (Mr. Roush asked for additional time to speak and there was Council
consensus to grant 3 more minutes.) Mr. Roush explained the contents of his letter
(Exhibit B).
George Schroff said Mr. Roush's numbers are different than those that have been
reviewed in other documents, thus the need for an economic study.
Maggie Cox, a member of the Colony Square team, spoke on behalf of Mr. Frank
Rimkus of Galaxy Theatres, and stated that Galaxy Theatres is prepared to split the
cost with La Plaza on the study.
Council Member Clay suggested that since one public speaker spoke more than once,
others should be allowed to speak again.
There was Council consensus to invite the public to speak again.
Chuck Ward said he heard that the second theatre may have all sorts of performances
that the Galaxy Theatres wouldn't have. He doubts that comment, and does not
consider that a valid argument. He disagreed with the fact that an economic study won't
show anything. He stated he has confidence that there are great consultants out there
who can do this study.
Len Colamarino said that we should take a close look at Galaxy's position and
determine if it is realistic that they will, in fact, withdraw. He said that ultimately, Galaxy
has a business decision to make. He asked if Galaxy has the legal right to withdraw
under their lease.
Mr. Roush said Mr. Colamarino had some great points. He said that you need to look at
who gains the most from the study and that Colony Square has a lot to gain. He said
the La Plaza project is so important. Mr. Roush reminded the Council that the Hoff
property is for sale, his deal to the Hoff property includes the City letting him build, and
holding this up poses a delay.
Mayor Fonzi closed the Public Comment period.
Council Member Clay said an offer can be contingent on approval of the CUP. He is
hesitant to agree to something with no contracts on the property. We have a $9 million
dollar project, and we're only talking about $10,000, and we need to get it right.
Council Member Kelley said his main concern is the City spending the $10,000.
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Approved June 22, 2010
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Beraud to modify the existing motion to require an economic study
for no more than $15,000 and cost to be borne by the applicant.
Council Member Kelley said there may be a conflict of interest since the City is a
financial partner in Colony Square with 1.5 million. The City Attorney clarified that there
is no conflict of interest. Discussion followed. Mayor Pro Tem O'Malley said he would
like to modify his motion.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Beraud to modify the existing motion to require that the City make
the decision on the selection of the company that will do the
economic study for no more than $15,000 and that the cost be
borne by both applicants/developers. If they can agree, they can
go forward. If they are unable to agree, they can bring it back to the
City.
City Attorney Brian Pierik and the Council had additional discussion on the amended
language in the Resolution.
MOTION: By Mayor Pro Tem O'Malley and seconded by Council Member
Beraud to modify the existing motion to request that the
applicant, La Plaza, and Galaxy consult with each other to
agree on an economic consultant with respect to an economic
study not to exceed $15,000, and each would pay half of that
cost and then report back to the City whether they've been
able to reach an agreement, or not able to reach an agreement.
They will come back to the City at a future meeting and the
City will decide what course of action to take.
Motion passed 3:2 by a roll-call vote. (Kelley, Clay opposed)
2. Council Member Bob Kelley:
Council Member Kelley requests the City Council consider amending the Council
Norms and Procedures 2009 by adding under the Public Meetings section the
following: "If the City Council votes to go past 11:00 p.m., they will go no more than
30 minutes to enable the Council to wrap up the current item, and continue any
items remaining on the agenda."
Council Member Kelley explained his reasons for this request.
MOTION: By Council Member Kelley and seconded by Council Member
Beraud to consider amending the Council Norms and
Procedures 2009 by adding, under the Public Meetings section
the following: "If the City Council votes to go past 11:00 p.m.,
they will go no more than 30 minutes to enable the Council to
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Approved June 22, 2010
wrap up the current item, and continue any items remaining on
the agenda."
Motion failed 3.2 by a roll-call vote. (Clay, O'Malley and Fonzi
opposed)
Mayor Fonzi stated for the record that she voted no because the City Council can
adjourn any time they feel necessary.
COUNCIL ANNOUNCEMENTS AND REPORTS:
Mayor Beraud announced there is a Bike Plan Workshop on May 27, 2010 at 7:00 p.m.
in Council Chambers and encourage people to attend.
Council Member Clay encouraged the public to eat at and support our local restaurants.
Mayor Fonzi stated she has received calls and emails from Alana Reynolds regarding a
second unit, and Ms. Reynolds would like this item put on a future Council agenda.
Council Member Kelley has also been in contact with her in regards to fees. He said
there is no official format for appeals for fee structures. He stated that in June or July,
those fees may be altered, and at that time, she may have the option to get her permit
under a new fee structure. Mayor Fonzi stated that Ms. Reynolds may also be able to
designate the unit as an affordable unit.
There was Council consensus to table the item until the fee structure is revisited.
Wade McKinney said the Zone Code Amendment potentials will be on the next
City Council Agenda and will also address this issue.
D. COMMITTEE REPORTS:
Mayor Pro Tem O'Malley
Regional Transportation Authority - Our local hoteliers and Main Street have requested
transportation for local events for visitors. We were able to help with transporting to
special events, and this has been a good partnership with RTA.
Caltrans — Council Member O'Malley contacted Caltrans regarding the trails around
Highway 41 and Portola, and he thanked the Council Members for supporting his
efforts.
Mayor Fonzi
Air Pollution Control District - A decision was made to have a Memorandum of
Understanding with the State Parks to try to find ways to mitigate the dust at the Nipomo
Mesa that originates on the Oceano Dunes.
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E. INDIVIDUAL DETERMINATION AND/OR ACTION: None
F. ADJOURNMENT:
Mayor Fonzi adjourned the meeting at 10:15 p.m.
MINUTES PREPARED BY:
Annette Manier
Deputy City Clerk/Administrative Assistant
The following exhibits are available in the City Clerk's office:
Exhibit A—Whale Hunting Background, distributed by David Broadwater
Exhibit B—Letter from Central Coast Cinemas, distributed by John Roush
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