HomeMy WebLinkAboutMinutes 062612 Approved July 10, 2012
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CITY COUNCIL
ACTION MINUTES
Tuesday, June 26, 2012
6:00 P.M.
City Hall
Council Chambers
6907 El Camino Real, Atascadero, California
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor Kelley called the meeting to order at and Council Member Fonzi led the Pledge
of Allegiance.
ROLL CALL:
Present: Council Members Clay, Fonzi, Sturtevant, Mayor Pro Tem O'Malley
and Mayor Kelley
Absent: Done
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, Police Chief Jerel Haley, Fire Chief Kurt Stone, Annette
Manier, Administrative Assistant, and City Attorney Brian Pierik.
Atascadero City Council
Action Minutes 06/26/12
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Approved July 10, 2012
APPROVAL OF AGENDA:
MOTION: By Council Member Sturtevant and seconded by Council
Member Clay to approve the agenda.
Motion passed 5:0 by a roil-call vote.
A. CONSENT CALENDAR: None.
UPDATES FROM THE CITY MANAGER: None
COMMUNITY FORUM:
The following citizens spoke during Community Forum-, Tom Gaddis, Tim Haley, Mitch
Paskin, Mike Brennler, Barbara Zabala, William Arkfeld, Sandra Pendel, Livia
Kellerman, David Broadwater, and Patricia Frank.
Mayor Kelley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS:
1. Del Rio Road Commercial Area Specific Plan - PLN 2007-1245 (Walmart)
& PLN 2007-1246 (The Annex) - applicants:EDA Inc. I Omni Design
Group owners: Walmart Inc. / The Rottman Group / Montecito Bank &
Trust
Capital Improvement Plan (CIP) Amendment 2012 Update of the Five-
Year CIP - PLN 2007-1183
• Ex Parte Communications:
• Fiscal Impact: The fiscal impact analysis determined the project at build
out (Walmart and Annex) will have a net positive annual revenue of
$529,637 to the City of Atascadero. The City's proportional share of the
interchange mitigation costs is $2,111,901.00, which will be funded out of
the City's Traffic Impact Fee (TIF) account.
1. Adopt Resolution "A", certifying Proposed Final Environmental Impact
Report SCH No. 2010051034 for the Del Rio Road Commercial Area
Specific Plan, including Findings of Fact, Statement of Overriding
Considerations and Mitigation Monitoring and Reporting Program,
and;
Ataseadero City Council
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Approved July 10, 2012
2. Adopt Resolution "B", approving General Plan Land Use Diagram
Amendment (GPA 2007-0020 and GPA 2007-0021) based on findings;
and,
3. Introduce Ordinance "A", for first reading by title only, amending the
zoning code text to add Specific Plan Zone 2 (ZCH 2007-0141 and
ZCH 2007-0142) based on findings; and,
4. Introduce Ordinance "B", for first reading by title only, approving zoning
map amendment (ZCH 2007-0141 and ZCH 2007-0142), including a
zoning overlay of the project site to "SP-2" (Specific Plan Zone 2)
based on findings; and,
5. Introduce Ordinance "C", for first reading by title only, adopting the Del
Rio Road Commercial Area Specific Plan and Appendix documents
[Specific Plan Zone 2 (SP 2009-0003)] as a table in the municipal
code, based on findings; and,
6. Adopt Resolution "C", adopting Specific Plan Master Plan of
Development (SP 2009-0003) for the Del Rio Commercial Area, based
on findings and subject to Conditions of Approval; and,
7. Adopt Resolution "D", approving the Walmart Tree Removal Permit
TRP 2009-0128, based on findings and subject to Conditions of
Approval; and,
8. Adopt Resolution "E", approving the Annex Tree Removal Permit TRP
2009-0127, based on findings and subject to Conditions of Approval;
and,
9. Adopt Resolution "F", approving the Walmart Vesting Tentative Parcel
Map AT 09-0073 (TPM 2009-0095; Walmart) based on findings,
subject to Conditions of Approval; and,
This resolution includes a staff recommendation to include an
amended condition of approval regarding the Mission Oak traffic
circulation improvements; and,
10.Adopt Resolution "G", approving the Annex Vesting Tentative Parcel
Map AT 07-0059 (TPM 2011-0098; The Annex) based on findings and
subject to Conditions of Approval; and,
11.Adopt Resolution "H", amending the Five-Year Capital Improvement
Pian consistent with the General Plan, based on findings; and,
Atascadero City Council
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Approved July 10, 2012
12.City Council allocate funds and direct staff to begin the permitting and
design process for the expansion of the Del Rio Road / US 101
interchange; and direct staff to draft a formai agreement between
City and the tenants at the Mission Oaks shopping center to meet
regularly through any fora of communication necessary to
discuss timing and phasing of road construction issues to ensure
adequate access is provided to the Mission Oaks shopping center
during construction of improvements at the Del Rio Road and El
Camino Beal intersection and US 101 interchanged
The City Council shared their Ex Parte communications.-
Council
ommunications:Council Member Clay stated that this project has been going on for almost seven years,
and during that time he has spoken to the Rottman Group and WalMart executives.
Most recently, he has only received information from staff. Mr. Clay said that he has
received numerous emails and phone calls, running about 24 in favor, 1 against.
Council Member Fonzi stated that she met with Amber Johnson, who at one time
represented WalMart. That meeting took place before Ms. Fonzi was on the City
Council. She also met with representatives from the Rottman Group when they
presented their proposed design, and she has also met with Ron Rothman to talk about
pedestrian issues on roundabouts. Ms. Fonzi also stated she has received many phone
calls and emails.
Mayor Pro Tem O'Malley stated that he has been on the City Council for ten years, with
eight of those years involved with WalMart. Mr. O'Malley said that he has spoken to
many people over the years concerning this project. Most recently, he has spoken with
representatives of the Annex project. He has received approximately 200 emails, with
90% being supportive of WalMart.
Council Member Sturtevant stated that he had met with WalMart representatives during
the EIR process. He also has spoken with Ron Rothman and has received many
emails on this project.
Mayor Kelley stated that he has also been involved with this project since day one. He
met with the Rottman Group years ago and have met a few times with representatives
of WalMart. Mr. Kelley also said that he has met with Mr. Rottman who will be
representing the Del Rio people, also Tom Comar and Lee Perkins from Save
Atascadero. He also said that he has received more emails on this item than any other
agenda item, and 90-95% of them are supportive of WalMart.
All Council Members stated that they have received many phone calls and emails from
the public.
Community Development Director Warren Frace gave the staff report and answered
questions from the Council. Scott Thorpe with Revenue Cost Specialists, Jason
Ataseadero City Council
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Approved July 10, 2012
Brandman and Grant Gruber with Michael Brandman Associates, and Steve
Weinberger with W-Trans also gave presentations and answered questions from the
Council.
Amelia McLear of WalMart spoke to the City Council, expressing WalMart's request for
the City Council to approve their project.
Ellen Berkowitz of WalMart thanked the City Council and staff for their work and asked
the City Council to vote to allow them to serve the people of Atascadero.
Mayor Kelley recessed the meeting at 7:40 p.m.
Mayor Kelley reconvened the meeting at 7:55 p.m.
Chip Woolbrant of Montecito Bank, the owner of the Annex property, and David
Marchell with OMNI Design Group stated that they were available to answer any
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Tim Haley, Martha Bordonaro, Ron Rothman,
Mike Anderson, Kate Montgomery prepared statement read by Livia Kellerman, Livia
Kellerman, Zandra Flores, Ellen B6raud (Exhibit A), Linda Hendy, Ray Weymann, Carol
McCracken, David Broadwater (Exhibit B), Taylor Nlcole, Randy Lawrence, Robert
Vesnarer, Ray Johnson, Mark Wolfe, Jan Wolff, Michael Richardson, Bob Martz, Don
Dubois, Dorothy Dodge, Carol Florence, Kelly Dodge, Steve Garrow, Don Gooding, Bob
Wilkins, Franca Gentiel Lansky, Gary Kirkland, Madeline Rothman, Lydia Thompson,
Fred Frank, Chuck Cooper, Tani Vrajich, Elizabeth Travis, Stephanie Hale, Gladys
Moore, Mike Brennler, Hardy Nielsen, Felisa Hamman, Edie Knight, Constatino Santos,
Elisa Dubois, Daniel Moyers, Wes Dawes, George Schroff, Luther Johnson, Gwen
Pelfrey, Jim Shannon, Vicky Morse, Mary Lea Harris, John Holman, David Bentz,
Zachary Mount, Franny Falcone, Steve LaSalle, Dr. Karnazzo, Chuck Ward, Dean
Morse, Tom Jones, and Garth Wilwand.
Mayor Kelley closed the Public Comment period.
Mayor Kelley recessed the meeting at 9:56 p.m.
Mayor Kelley reconvened the meeting at 10:20 p.m.
Atascadero City Council
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Approved July 10, 2012
MOTION: By Council Member Clay and seconded by Mayor Pro Tern
O'Malley to adopt Resolution "A", certifying Proposed Final
Environmental Impact Report SCH No. 2010051034 for the Del
Rio Road Commercial Area Specific Plan, including Findings
of Fact, Statement of Overriding Considerations and
Mitigation Monitoring and Reporting Program.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-044)
MOTION: By Council Member Fonzi and seconded by Council Member
Clay to adopt Resolution "B", approving General Plan Land
Use Diagram Amendment (GPA 20070020 and GPA 2007-0021)
based on findings, and replacing Finding #6 with the following:
6. The proposed amendment will not create any new
significant and unavoidable impacts to traffic,
infrastructure, or public services.
The EIR identifies traffic improvements necessary to mitigate traffic
operations to acceptable levels and requires the applicant to either
construct such improvements or pay to the City proportional share
of traffic impact fees to install such improvements in accordance
with the City's adopted traffic impact fee program. After
implementation of the traffic improvements identified in the EIR, all
intersections, roadway segments, and queues would operate at
acceptable levels.
Notwithstanding that the applicant is required to pay its proportional
share traffic impact fees for roundabout Improvements that the EIR
concludes would fully mitigate impacts at the Del Rio Road/US 101
and San Anselmo Road/US 101 interchanges and related roadway
segments, the EIR must conclude that such impacts are significant
and unavoidable because neither the City nor the applicant have
full control over the timing of completion of the Mitigation. This is
because: (1) the improvements are under the Jurisdiction of
Caltrans, and thus require Caltrans approval prior to
implementation,- (2) acquisition of the necessary rights of way may
require the cooperation of third party landowners; and (3) the City
cannot guarantee with certainty when the remainder of the traffic
impact fee funding to be paid by future development will be
available. For the purposes of general plan consistency analysis,
however, these are not considered new impacts. Impacts related to
the Del Rio Road/US 101 and San AnselmolUS 101 interchanges
were previously identified and considered by the City in adopting
the 2025 General Plan. In particular, both the 2025 General Plan
and 2025 General Plan EIR analyzed these specific interchanges
and concluded that they would be significantly impacted under
Atascadero City Council
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Approved July 10, 2012
2025 General Plan buildout conditions, but that interchange
improvements would be expected to mitigate these impacts.
Specifically, Table 111-3 of the General Plan Circulation Element
describes that these interchange improvements would be needed
to bring Year 2025 levels of service "into compliance with the City's
adopted standard of LOS C or better" (Page Ill-7) The General
Plan 2025 Traffic Study Technical Appendix to the General Plan
2025 Final EIR states that the interchange improvements "have
been identified as necessary to correct existing and projected
circulation deficiencies and achieve the City's General Plan goals
and policies." (Page 35) ('Additionally, the General Plan 2025 EIR
concludes with regard to traffic impacts on roadways, including the
subject interchanges are significant and unavoidable, stating that
"laJlthough [the General Plan] contains the recommendations of the
traffic engineers and numerous policies designed to achieve traffic
improvements, it is unclear, considering the scale and funding
required, whether such improvements are feasible. Furthermore,
the State has placed limits on the fees the City can collect from
developers to fund such improvements. Finally, as growth in the
region occurs, it is likely that operations on regional traffic routes,
such as Highway 101 and 41 will worsen. Impacts are considered
significant and unavoidable (Class 1)." (Page 81) With regard to
the Del Rio Road segment between El Camino Real and Ramona
Road (including the US 101 overpass) specifically, although the
General Plan does not identify that this segment would be
significantly impacted, this is not considered a new impact for the
purposes of General Plan consistency because the impact is
directly related to the condition of the Del Rio Road/US 101
interchange, which the General Plan does identify as significantly
impacted as described above.
Consistent with the General Plan, the EIR requires these
interchange improvements as mitigation in the form of modern
roundabouts. The EIR further mitigates the impact at the Del Rio
Road/US 101 interchange by requiring that Del Rio Road/US 101
roundabouts be in place no later than the issuance of the first
certificate of occupancy for the Annex commercial uses.
Accordingly, such conclusion in the project EIR merely informs the
public that the City and applicants are not in complete control of the
timing of implementation, even though there is a reasonable
expectation that these impacts will be mitigated as contemplated in
the General Plan and provided for in the City's Capital Improvement
Plan and traffic impact fee program. The applicant and the City are
required to implement the mitigation requirements as described in
the EIR in order to achieve acceptable level of service.
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Approved July 10, 2012
The EiR also describes that freeway operations are projected to
operate at unacceptable levels without the Project and, therefore,
the impacts would be considered a pre-existing condition. As such,
for general plan consistency purposes, the Project's contribution to
unacceptable freeway operations is not a new impact. It should be
noted that the EIR determined that regional policies and programs
within the jurisdiction of other agencies are proposed as the means
of reducing the freeway impacts, and that therefore, there are no
feasible freeway improvements available that the Project could
implement that would achieve acceptable levels of service,
Finally, the EIR found that all impacts to public services,
infrastructure and utilities were either less than significant and did
not require mitigation or less than significant after the
implementation of feasible mitigation measures; and,
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-045)
MOTION: By Council Member Sturtevant and seconded by Council
Member Ponzi to introduce Ordinance "A", for first reading by
title only, amending the zoning code text to add Specific Plan
Zone 2 (ZCH 2007-0141 and ZCH 2007-0142) based on findings.
Motion passed 5:0 by a roll-call vote.
MOTION: By Mayor Pro Tera O'Malley and seconded by Council Member
Sturtevant to introduce Ordinance "B", for first reading by title
only, approving zoning map amendment (ZCH 2007-0141 and
ZCH 2007-0142), including a zoning overlay of the project site
to "SP-2" (Specific Plan Zone 2) based on findings.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Clay and seconded by Mayor Pro Tem
O'Malley to introduce Ordinance "C", for first reading by title
only, adopting the Del Rio Road Commercial Area Specific
Plan and Appendix documents [Specific Plan Zone 2 (SP 2009-
0003)] as a table in the municipal code, based on findings.
Motion passed 5:0 by a roll-call vote.
MOTION: By Council Member Sturtevant and seconded by Council
Member Fonzi to adopt Resolution "C", adopting Specific Plan
Master Plan of Development (SP 2009-0003) for the Del Rio
Commercial Area, based on findings and subject to Conditions
of Approval, with the addition of a maximum of 4-foot candles
for lighting within the parking lot areas (in Condition #25), and
the replacement of Condition #21 with the following:
i
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Approved July 10, 2012
21. Prior to issuance of any permits or recordation of any final
maps, for the Annex portion of the project the applicant shall enter
into an improvement agreement with the City of Atascadero. At a
minimum, the improvement Agreement shall include the following:
a. Timing and amount of City traffic impact fees to be paid.
b. Provisions for the Annex relating to its proportional share for
the roundabouts at the Del Rio 101 Interchange. In the
event of a cost overrun above the $4.5 million estimated
costs for these roundabouts, the Annex will pay to the City
its proportional share of the overrun up to a maximum of
$200,000. In the event of a cost underrun below the $4.5
million estimated cost for these roundabouts, then the Annex
will then receive a credit or refund for its proportional share
of the underrun up to a maximum of$200,000.
c. Requirements and timing of all off-site circulation
improvements.
d. The provisions in the Improvement Agreement shall be
consistent with the applicable mitigation required in the
certified Final Environmental Impact Report.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012046)
MOTION: By Council Member Clay and seconded by Council Member
Sturtevant to adopt Resolution "®", approving the Walmart
Tree Removal Permit TRP 2009-0120, based on findings and
subject to Conditions of Approval.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-047)
MOTION: By Council Member Fonzi and seconded by Council Member
Clay to adopt Resolution "E99, approving the Annex Tree
Removal Permit TRP 2009-0127, based on findings and subject
to Conditions of Approval.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-048)
MOTION: By Mayor Pro Tern O'Malley and seconded by Council Member
Clay to adopt Resolution "F" approving the Walmart Testing
Tentative Parcel Map AT 09-0073 (TPM 2009-0095; Walmart)
based on findings, subject to Conditions of Approval,
including an amended condition of approval regarding the
Mission Oak traffic circulation improvements
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-049)
MOTION: By Council Member Sturtevant and seconded by Council
Member Fonzi to Adopt Resolution "G", approving the Annex
Testing Tentative Parcel Map AT 07-0059 (TPM 2011-0098; The
i Annex) based on findings and subject to Conditions of
Approval.
Atascadero City Council
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Approved July 10, 2012
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-050)
MOTION: By Council Member Clay and seconded by Council Member
Sturtevant to adopt Resolution "H", amending the Five-Year
Capital Improvement Plan consistent with the General Plan,
based on findings.
Motion passed 5:0 by a roll-call vote. (Resolution No. 2012-051)
MOTION: By Mayor Pro Tern, O'Malley and seconded by Council Member
Fonzi to authorize the Director of Administrative Services to
appropriate $800,000 in Circulation Impact Fees Funds and
direct staff to begin the permitting and design process for the
expansion of the Del Rio Road / US 101 interchange; and direct
staff to draft a formal agreement between City and the tenants
at the Mission Oaks shopping center to meet regularly through
any form of communication necessary to discuss timing and
phasing of road construction issues to ensure adequate
access is provided to the Mission Oaks shopping center
during construction of improvements at the Del Rio Road and
El Camino Real intersection and US 101 interchange.
Motion passed 5:0 by a roll-call vote.
C. MANAGEMENT REPORTS: None.
COUNCIL ANNOUNCEMENTS AND REPORTS: None
D. COMMITTEE REPORTS: None
E. INDIVIDUAL DETERMINATION AND I OR ACTION: None
F. ADJOURNMENT
Mayor Kelley adjourned the meeting at 11:04 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk /Assistant to the City Manager
The following exhibit is available for review in the City Clerk's office:
Exhibit A- Prepared statement from Ellen B6raud
Exhibit B- Prepared statement from David Broadwater
Ataseadero City Council
Action Minutes 06/26/12
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