HomeMy WebLinkAboutMinutes 081093 Approved as Submitted
Meeting Date: 09/28/93
ATASCADERO CITY COUNCIL
AUGUST 10, 1993
MINUTES
The Mayor called the meeting to order at 7:00 p.m. Councilperson Luna led the
Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Bewley, Nimmo, Luna and Mayor Kudlac
Absent: Borgeson (accident recovery)
Also Present: Muriel "Micki" Korba, City Treasurer and Lee Raboin, City
Clerk
Staff Present: Andy Takata, City Manager/Director of Community
Services; Henry Engen, Community Development Director;
Art Montandon,City Attorney;Mark Joseph,Administrative
Services Director; Steve Sylvester, City Engineer; Lt. Bill
Watton and Sgt. Cynthia Reid, Police Department
COUNCIL COMMENTS:
Councilman Nimmo reported that he had received phone calls from property owners
complaining that they had received delinquent garbage bills for services ordered by
tenants without prior knowledge of the landlord. The City Manager indicated that he
would be meeting with representatives from Wil-Mar the following day and would
discuss this matter at that time.
Mayor Kudlac introduced Micki Ready, the newly-appointed Executive Director of the
Chamber of Commerce.
COMMUNITY FORUM:
Mayor Kudlac announced that a local girl scout troop was visiting. June Beatty,
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leader, spoke in favor of bike lanes and encouraged the City Council to approve them
in areas known to be routes to school. Councilman Luna asked for a status report on
the subject of bike lanes. Andy Takata mentioned that the Parks & Recreation
Commission was presently looking at the issue of trails and bike lanes. Henry Engen
added that two major bikeway projects for Traffic Way and El Camino Real have been
funded through State grants.
Paul Fellman, Rancho Del Bordo resident, proclaimed that Atascadero does not need
more cut retail stores and chains and spoke in favor of attracting more industrial and
manufacturing firms to the area.
A. COMMITTEE REPORTS (The following represent ad hoc or standing commit-
tees. Informative status reports were given, as follows.):
1. S.L.O. Council of Governments (COG) - Request for a public hearing date
Councilman Nimmo provided the committee report and announced that
although the California Transportation Commission (CTC) had approved the
realignment of Highway 41, the Council of Governments (COG) had failed to
approve the project as part of the Federal Transportation Improvement Program
(FTIP). He noted that COG was requesting that the City of Atascadero hold a
public -hearing on the project before the next COG meeting scheduled for
September the 8th.
MOTION: By Councilman Nimmo to instruct staff to place on the agenda for
August 24, 1993 City Council meeting the question of Highway
41 as instructed by President Bracket of the Council of
Governments.
Discussion on the motion: Councilman Luna asserted that Atascadero had not
held a public hearing on route alternatives "A/A-Modified" or "B"and spoke in
favor of having such a hearing. He added that now that there is a specific
project, there are environmental impacts and costs that need to be evaluated
and urged public input. Councilman Nimmo pointed out that the CTG had
already certified the Environmental Impact Report (EIR) and reiterated that the
project had been approved. He cautioned that the project could be dropped and
Federal funds withdrawn. Discussion ensued regarding setting the public
hearing date. The Mayor, in anticipation of a large turn-out from the public,
suggested that a larger facility be acquired for the hearing.
Second to the motion and additional discussion: Councilman Bewley seconded
the motion. Councilman Luna announced that he would not vote in favor of the
motion as stated because Councilwoman Borgeson was absent and had
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requested that this matter be postponed.
Vote on the motion: Motion to set the public hearing for August 24, 1993
passed 3:1 (Luna). Staff instructed to look into the availability of the National
Guard Armory.
Councilman Nimmo suggested that public testimony be limited to three (3)
minutes. Councilman Luna pointed out that a five (5) minute allotment was
permitted by ordinance. The City Attorney indicated that he would review the
matter and come back with advice (see page 12).
2. Solid/Hazardous Waste Task Force - Henry Engen reported that the task
force would meet on August 26, 1993.
3. Economic Round Table (See Item #D-5, pages 9-10).
4. Colony Roads Committee - Andy Takata reported that this committee
would meet in September.
B. CONSENT CALENDAR:
The Mayor read the Consent Calendar as follows:
1. CITY COUNCIL MINUTES - JUNE 29, 1993
2. CITY COUNCIL MINUTES - JULY 8, 1993
3. RESOLUTION NO. 91-93 - Designating stop intersections on both sides of the
Santa Rosa Rd. overpass
4. RESOLUTION NO. 92-93 - Designating stop intersections at the exit to all City
Parks and ball fields
5. RESOLUTION NO. 93-93 - Designating a stop intersection on Palma Ave. at
East Mall Ave.
6. RESOLUTION NO. 94-93 - Eliminating a designated bus stop at 5550 EI Camino
Real
7. RESOLUTION NO. 95-93 - Establishing a 25 mph speed limit on Carmelita Ave.
from Portola Rd. to San Andres Ave.
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8. MINOR DRAINAGE PROJECTS - Acceptance of projects at San Marcos Ave.,
Rosario Ave. and Santa Rosa Rd.
9. RESOLUTION NO. 97-93 - Authorizing execution of Agreement with William
Wittmeyer for Code Enforcement Services
10. TENTATIVE TRACT MAP 02-87, 9385 VISTA BONITA - Acceptance of Final
Parcel Map for an 8-lot planned development
11. TENTATIVE PARCEL MAP 04-89, 7445 CORTEZ AVE. - Acceptance of Final
Parcel Map to subdivide 8.26 acres into four lots, with three lots at 1 .5 acres
each and one lot at 3.76 acres
Mayor Kudlac reported that Item #13-3 be continued per staff recommendation. Eric
Greening, 7365 Valle Avenue, pulled Item #13-6.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to
approved Consent Calendar Items #13-1 through 11 with the
exceptions of Items #13-3 and B-6; motion carried 4:0 by roll call
vote.
Re: Item #B-6. RESOLUTION NO. 94-93 - Eliminating a designated bus stop at
5550 EI Camino Real
Eric Greening observed that Amtrak buses are still using 5550 EI Camino Real despite
the fact that Greyhound was not. He requested that no action be taken on this matter
until Amtrak has located another place to stop and the public has been duly notified.
Henry Engen reported that the business owner at 5550 EI Camino Real had requested
this change. He recommended that the matter be continued so that Mr. Greening's
suggestion could be pursued. By consensus, the matter was continued.
C. PUBLIC HEARINGS:
1. ATASCADERO MUTUAL WATER COMPANY 1993 MASTER PLAN
PRESENTATION
Ken Weathers, Atascadero Mutual Water Company, provided an update on the Water
Master Plan. Brief Council questions followed regarding service to possible areas of
annexation. Mr. Weathers emphasized that the Water Company currently only serves
shareholders.
Public Comments:
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Fred Frank, 3615 Ardilla Road, asked questions relating to "Nacimiento Water" and
service to Templeton. Mr. Waters remarked that Atascadero Mutual Water Company
is pursuing new wells in the Salinas River and stated that there had not been any
formal requests from the Templeton Community Services District for service.
---End of Public Testimony---
Report received; no formal action taken.
2. ORDINANCE NO. 271 - DOWNTOWN PARKING (Zone Change 93-002; City of
Atascadero) Amending the Zoning Ordinance text to modify the parking
requirements of the Pedestrian Commercial Zone
(Recommend (1) motion to waive reading in full and read by title only, and (2)
motion to introduce on first reading by title on/y)
Henry Engen provided the staff report and recommendation to approve. He clarified
City participation costs.
Public Comments:
Frank Henderson, Carlton Hotel project architect, presented a status report on the
project.
Joe Grisanti, Grisanti's Hardware, encouraged the Council to support the
recommendation and assist the downtown.
---End of Public Testimony---
MOTION: By Councilman Nimmo, seconded by Councilman Luna to waive
the reading in full of Ordinance No. 271; motion passed
unanimously.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to approve
introduction of Ordinance No. 271 on first reading; motion carried
4:0.
3. STREET IMPROVEMENT PROJECT NO. 1992 (3-F Meadows, Las Encinas) -
A. Resolution No. 98-93 - Determining unpaid assessments, providing for
the issuance of bonds pursuant to the "Improvement Bond Act of 1915"
B. Resolution No. 99-93 - Awarding sale of bonds
Steve Sylvester provided a brief staff report and indicated that this matter was
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ministerial in nature.
There were no comments from the Council or public.
MOTION: By Councilman Luna, seconded by Councilman Bewley to adopt
Resolution Nos. 98-93 and 99-93; motion carried 4:0 by roll call
vote.
4. ORDINANCE NO. 272 -AN URGENCY ORDINANCE RELATING TO FIRE ARMS
Lt. Bill Watton presented the staff report and offered an amendment to Exhibit "B".
He responded to questions regarding complaints relating to deer hunting in the City.
The City Manager pointed out that the City's present ordinance does not cover the
bow and arrow. The City Attorney added that it does, however, already prohibit
minors to use deadly weapons without the supervision of an adult.
Councilman Luna inquired as to the urgency of the ordinance and asked what
authority the State Department of Fish & Game has over the matter. The City
Attorney replied that Fish & Game's authority supersedes that of the City in the
instance of a dangerous animal or the health and safety of the public.
The City Clerk read a statement from Councilwoman Borgeson in support of the
proposed ordinance. Councilman Bewley voiced opposition and stated he could not
support it.
Public Comments:
Joe Grisanti asserted the proposed ordinance was unnecessary duplication of state
and federal hunting regulations.
Eric Greening remarked favorably and pointed out that an advantage to adoption
would be education of the public.
George Schroff, El Camino Real resident, asked what costs would be incurred with
enforcement.
Daphne Fahsing, 5105 Llano Road, spoke in support of the ordinance as proposed.
Joe Grisanti, speaking once more, reiterating his concern and stated that the
Department of Fish & Game does a good job of policing poachers.
---End of Public Testimony---
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Councilman Nimmo indicated that he had no objection to simply making it unlawful
to hunt deer in the City. Councilman Luna stated that he was supportive of what had
been presented, but suggested that the ordinance be amended to better reflect the
intent. Councilman Nimmo proposed that the matter be directed back to staff for
further review and possible revision.
The City Manager emphasized that the draft ordinance provided a concise definition
of "deadly weapon" and clarified that target practice in the City would not be
prohibited.
Councilman Bewley asserted that the item was not urgent in nature and offered the
following motion:
MOTION: By Councilman Bewley, seconded by Councilman Nimmo to deny
Ordinance No. 272.
Discussion on the motion: Responding to inquiry from Councilman Luna, the
City Attorney indicated that the Council could send the matter back to staff
with a request to bring it back in two weeks.
Motion and second withdrawn: The motion was withdrawn.
By mutual consent, the matter was sent back to staff for revisions. Said item to be
brought back at the next regular meeting.
D. REGULAR BUSINESS:
1. RESOLUTION NO. 89-93 - Authorizing the execution of an agreement with
Camino Real Fashion Outlets, Ltd. for public improvements financing (Cont'd
from 7/27/93)
Art Montandon provided background and explanation of the proposed agreement
between the City and Camino Real Fashion Outlets, Ltd. (Golden West Development).
He noted that the City would only be obligated to pay on the sales tax revenue
received. The City Attorney responded to questions from Council. Councilman Luna
pointed out that Exhibit "C" (construction schedule) was not included in the packet.
The City Engineer indicated that the schedule had not yet been submitted.
Chuck Voorhis, President of Golden West Development, provided a status report on
the Camino Real Fashion Outlets project and indicated that because financing had not
yet been secured, a construction schedule had not been finalized. He indicated to the
City Attorney that he could, and was willing, to submit a contingent schedule.
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Public Comments:
Mr. Voorhis provided additional comments in support of the agreement.
Joan O'Keefe, 9985 Old Morro Road East, objected to the proposed agreement and
shared concern for risking City funds on private enterprise.
The City Clerk read a letter of opposition from citizen Dorothy McNeil residing at 8765
Sierra Vista Road (see Exhibit "A").
---End of Public Testimony---
Councilman Luna mentioned a letter the City Council received from former Public
Works Director, Greg Luke (see Exhibit "B") and asked why there had not been an in-
depth staff report on this item. Mr. Takata replied that the request for City
participation had come from the developer and staff had simply forwarded it to the
City Council for deliberation. Henry Engen added that the item had not been referred
to the Planning Commission.
MOTION: By Councilman Nimmo, seconded by Councilman Bewley to adopt
Resolution No. 89-93 authorizing the execution of an agreement
with Camino Real Fashion Outlets Center, Ltd. for public
improvement financing; motion carried 3:1 (Luna opposed).
The Mayor called a break at 9:07 p.m. At 9:51 p.m., the meeting resumed.
2. GENERAL PLAN SPECIAL CYCLE REQUEST - 63-acre commercial land use
proposal, S. Atascadero (J. Hendrix/Dove Creek)
Henry Engen provided the staff report and recommendation to initiate a special
General Plan amendment cycle.
Councilman Luna indicated that, because the proposed development was
controversial, he thought it would be appropriate to see informal meetings held early
on in the process so input could received from business owners and residents. He
encouraged the applicant to give the community a chance to voice concerns before
the matter goes before the Planning Commission and City Council.
Public Comments:
Jeff Hendrix, applicant, spoke in support of the Dove Creek project and noted that it
would provide jobs and secure needed revenue for the City.
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Barbara Dirkx, 10800 Colorado Road,opposed the proposed development. The Mayor
clarified the intent of the agenda item and emphasized that the Council was only
voting on whether or not to initiate study of a general plan amendment.
Jeff Hendrix, speaking again, stated he did not want to be discriminated against and
forced to hold meetings that are in addition to what is legally required of him.
Paul Heiman, 10607 Colorado Road, encouraged public input on a project that could
affect the entire southern end of the community.
---End of Public Testimony---
MOTION: By Councilman Nimmo, seconded by Councilman Bewley to
accept the staff recommendation and initiate a special General
Plan amendment cycle, with concurrent Zoning Ordinance
revisions, as required; motion carried 4:0.
3. ORDINANCE NO. 270 - Amending Map 17 of the Official Zoning Maps by
rezoning certain real property at 7000-7060 Los Arboles from RMF/10 (FH) to
RMF/16 (PD7)(FH) (ZC 92-012/Los Arboles Property Owners Association)
(Recommend (1) motion to adopt on second reading by title on/y)
Henry Engen provided the staff report and recommendation to approve the ordinance
on second reading. There were no questions or comments from the Council or public.
MOTION: By Councilman Bewley, seconded by Councilman Nimmo to adopt
Ordinance No. 270 on second reading; motion carried 3:1 (Luna).
4. CITY ENGINEERING SERVICES - Cost analysis of alternatives
The Mayor announced that this item would be continued until August 24, 1993 at the
request of staff.
5. ECONOMIC ROUND TABLE-Consideration of recommendation to appoint Micki
Ready (Chamber of Commerce) and Don Price (BIA) to fill vacancies
Andy Takata presented the recommendation of the Economic Round Table to appoint
two members.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to appoint
Micki Ready (Chamber of Commerce) and Don Price (BIA) to the
Economic Round Table; motion passed unanimously.
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6. ATASCADERO CREEK RESERVATION - Consideration of Atascadero Mutual
Water Company proposal to trade for the City lot located on Sycamore Road
Henry Engen provided the staff report and recommendation to refer the matter to the
Parks & Recreation Commission and Planning Commission.
Councilman Luna indicated that he would rather see the City retain title to the land
and asked if the Water Company would be satisfied with an easement. Councilman
Bewley asked if the City had any plans for the lot. Mr. Engen reported that it had
once been considered as a possible mini-park for neighborhood. That use, he added,
was later deemed inappropriate and no other use has yet been evaluated.
The City Council mutually agreed to refer this matter to the City's Parks &
Recreation and Planning Commissions.
7. PLANNING COMMISSION INTERVIEWS Set Time
The City Clerk indicated that Councilwoman Borgeson had asked that the City Council
defer setting the interview date until she could participate. Councilman Luna stated
he would like to extend the courtesy to Councilwoman Borgeson. Councilman Bewley
remarked that the preferred to move forward with scheduling the interviews. Dates
were suggested.
MOTION: By Councilman Nimmo, seconded by Councilman Bewley to hold
a special meeting of the City Council on August 23, 1993 at 7:15
p.m. for the purpose of conducting interviews for the Planning
Commission; motion passed 3:1 (Luna).
8. EROSION CONTROL POLICY Response to comments expressed at 6/29/93
Council meeting
Henry Engen provided background on this matter and presented a status report on
issues of erosion control.
Public Comments:
Marcia Torgerson, 6200 Llano Road, highlighted concerns addressed in her letter
dated August 10, 1993 to the City Council (see Exhibit "C"). She emphasized that
the City's building inspector must enforce erosion control mitigation measures and
spoke in favor of educating staff, contractors and the public about why erosion
measures are necessary.
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---End of Public Testimony---
Report received; no action taken.
9. DISCUSS FILLING VACANT CITY COUNCIL MEMBER POSITION CREATED BY
THE RESIGNATION OF MAYOR KUDLAC
Staff provided options for filling the City Council vacancy. Councilman Luna voiced
objection to discussing the matter without Councilwoman Borgeson present and, in
addition, while Mayor Kudlac continues to serve. He argued that it would be
appropriate to postpone taking any action until after Mayor Kudlac's resignation
becomes effectiv on the 31 st of August. Brief discussion ensued.
The matter was continued until the meeting of August 25, 1993.
10. RESOLUTION NO. 96-93 - Authorizing an application for Technical Assistance
Grant for economic development
Mark Joseph provided the staff report and recommendation to approve. Councilman
Luna pointed out that this action represented federal funding administered by the
State.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to
authorize staff to pursue a $30,000 technical assistance grant for
economic development; motion carried 4:0.
MOTION: By Councilman Nimmo, seconded by Councilman Luna to adopt
Resolution No. 96-93 authorizing the Mayor to execute a contract
with Chabin Concepts to prepare the grant, in an amount not to
exceed $1,000; motion carried unanimously by roll call vote.
E. INDIVIDUAL DETERMINATION AND/OR ACTION:
1. City Council
Mayor Kudlac announced that he would be stepping down as Mayor effective August
24, 1993. The City Attorney suggested that the City Council could, by consensus,
elect a new mayor at that time.
2. City Attorney
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Art Montandon reported that the City's Municipal Code provides five (5) minutes per
speaker during a public hearing and advised against restricting testimony to three (3)
minutes for the Highway 41 hearing.
3. City Manager
Andy Takata provided an overview of items scheduled for the August 24, 1993
meeting and announced that he would be away on vacation during that time.
THE MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:44 P.M. Said Closed
Session, held pursuant to Government Code Section 54957.6, for purposes of
discussions regarding personnel matters and personnel negotiations.
MINUTES RECORDED AND PREPARED BY:
L 4A- -BO-IN,- C6' CIerk
Attachments: Exhibit "A" - (O'Neil)
Exhibit "B" - (Luke)
Exhibit "C" - (Torgerson)
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EXHIBIT "A"
August 10, 1993 R 0 l7 R
To:
Atascadero City Council
Atascadero, CA
CITY OF ATASCAOERO
Dorothy F. McNeil CITY CLERK'SOFFICE
8765 Sierra vista Rd.
Atascadero, CA 93422
Mr. Mayor and Council Members:
At the last Council meeting on July 27 we witnessed one effort by two Council
members to give away the store to a major residential developer, Gordon Davis,
with his Long valley II project. Tonight we have a •humongous" dose of special
interest before us. All of us know that Atascadero, like other cities, suffers
from lack of money for its needs. The most common remedy offered by these and
previous Councils is an increased sales tax. The Factory outlet is expected to
do just that.
I supported Mr. Netanal's project when it was approved for its present
location. I still do. My only concern then - which I still have - is that some
of the stores in the project may merely trade tax dollars with some existing
stores or may actually drive them out of business. But it seems that the
outlet, hopefully, will offer many items which we do not have at all,
especially since we lost Rileys. So I have supported the project.
Now we have a totally new picture. The developer of the Outlet says he cannot
get a loan to begin, since banks and other lending institutions have refused
him. So he's asking the City (that's you and me, fellow taxpayers) to give him
the two million bucks. He wants us to overlook the fact that these traditional
loan institutions don't consider the idea a good risk. we've been told often
enough that the City is brake, but now we are expected to say, 'For you, Mr.
Developer, we'll empty our pockets. No matter that the sales tax you bring us
may not add up to the $90,000 per year we pay on the loan or to the large
development fee you are asking us to pay for you. For a developer we'll give,
even if we don't have it to give."
Therefore, my first question to Council is, "How can we improve the City's
finances by possibly spending more than we take in?" My second question -
maybe the most important of all - is why did we have no report from staff on
this costly proposal? It is customary, I believe, for proposals which come
before any city to be studied by planning staff which passes on its newly
acquired information to the City Council. Members of the audience asked that
question when this loan was considered at the previous meeting. we are stili
asking why staff was bypassed.
Mr. Bewley stated at the Long Valley II hearing that he had full confidence in
that staff report. Is there some reason some members of the Council do not
want to hear from staff on this subsidy issue? It is most unusual not to use
staff expertise. It does arouse suspicion.
My third concern is why are we taking this unprecedented step? Every business
in town must be asking *why are you proposing to subsidize business when
YOU have not helped us?" It is true that the City has not given loans like
this to aid new businesses. Is it possible there are some who would stand to
gain in the future by having established such a precedent? Now, if Mr. Nim m
or others on this or future Councils have commercial property to develop, they
can say, "You helped the Factory outlet. I want equal treatment."
To summarize:
1. will subsidizing the Factory outlet improve or hurt the City financially?
2. why did the Council deliberately bypass staff?
3. why has Council even considered taking this unprecedented step?
e
Dorothy F. McNeil
E CC 8/10/93
r EXHIBIT "B"
Page 1
RECLEIV E0
AUG 91993
Gregory Luke CITY MGR.
2160 Monterey Road
Atascadero. CA 93422
Mayor Marty Kudlac Aug' 9, 1993
City Hall
Atascadero, CA 93422
Dear Marty,
I am writing you regarding the Fashion Outlet . I feel it is
not appropriate for me to appear at a public hearing since I was
deeply involved in the project's initial processing.
The arrangement the City is preparing to finalize with
Golden West is very risky. Let me explain my reasoning:
1 . Retail,-construction projects are being pushed by every
City in the County to enhance sales tax revenues. Pismo
Beach is proceeding with a Fashion Outlet of their own, San
Luis is seriously considering a large scale mall ; the
WalMart project will add 440.000 sq. ft . of retail
buildings, and Atascadero is considering a large mall at the
south end of town. Clearly all Cities are looking for
retail building to enhance the sales tax base.
It is quite likely that this area will have a glut of
retail space. In fact, in the past 3 years Atascadero' s
vacancy rate for retail shops has increased significantly.
What happens if they build a Fashion Outlet and nobody rents
the space? It could happen.
Z. The concept of a Fashion Outlet is now only a
developer's dream. And dreams can be dashed by negative
market forces. Look at Bunnell 's Mushroom Farm project
Dead in the water. The golf course/ exclusive residential
project at the south end of town is making,no progress.
I am not being negative about Atascadero, my point is
for big projects it is a big leap from renderings and plans
to a constructed, successful project. Is it wise for the
City to become a partner with a developer in this economy?
3. Like you. I am a businessman- We both know that if the
Fashion Outlet could show' a loan officer valid leases on the
property to be built, along with a realistic balance sheet,
financing would not be a problem; particularly considering a
public assessment district at 6% interest will pay for the
public improvements.
The banks clearly see a high risk situation when they
will not loan money on a project that is already receiving
City support through municipal bonds. In fact with public
assessment district financing in place, it is
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EXHI Il 'B"
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incomprehensible to me why any bank would not lean on this
project. One can only conclude that this project is an
extremely high risk venture .
Banks look in detail at the risks and financial
stability of a project before they will lend money. The
City of Atascadero has neither the staff nor in-house
expertise to perform a similar analysis. Is the City basing
its action on the optimistic projections of the developer?
If so, it seems prudent that the Council seek the input from
an independent, impartial . fiscally conservative analyst
before $100,000 per year is committed _from our depleted
General Fund. What do the banks know that the Council
doesn't? `
4. Consider the consequences if the project fails: the
developer declares bankruptcy: .
A. The City will be responsible for covering the full
cost of the municipal bonds (about $200,000 per year) .
B. The concept of a Fashion Outlet will be dead. The
new owner who buys the property on the Courthouse steps
will be looking to rent to everyone and anyone .
C. Far removed from any other retail stores, the
development could only attract tenants that need low
rent to make a profit, such as discount warehouses and
spa and fireplace stores. North Atascadero would be an
extension of the marginal retail stores on the
outskirts of Paso Robles.
Marty, this is a poorly thought out issue. Politically
charged rhetoric, such as "unfriendly to business" and "increased
tax base" seem to be clouding an objective analysis of the
project. Richard Shannon has doge a lot for our town, but he has
had his . .failures too. But success or failure, his job is a
developer with all the risks and rewards. Your position on City
Council demands a different perspective which, in this case, is
strict financial diligence to the residents and taxpayers of this
City.
We do not have the financial protection and benefits of a
Redevelopment District as Paso Robles.-has had with WalMart. That
arrangement was hammered out during many. many days of
negotiation with Rich Rameriz, their City Manager who is an
expert in public-private financing arrangements and insisted on
numerous protection clauses, guarantees and protection. In
contrast, the Atascadero City Council gave conceptual approval to
a generous financial package with the Fashion Outlet w,]z ut a
staff report.
You are the swing vote on this issue. As you prepare to
heave for a new life in Las Vegas consider that this is the key
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EXHIBIT "B"
Page 3
vote you will be remembered for. If the Fashion outlet thrives
and is a success, it will be your success. However, if , as
reasonable evidence suggests. the "Outlet" becomes third-rate
commercial storefronts as we now have on Traffic Way and portions
of old downtown, it will be a sad legacy for a man who has given
so much to his community.
Nancy and I wish you and your family all the best in you new
endeavor. Having made a major relocation four years ago, I know
the emotions with making such a move. I trust you will find your
move to new surroundings as rewarding as I found it . And please,
for all the people of Atascadero, carefully consider your vote on
the Fashion Outlet. You are in a unique position, the politics
of this vote are not important. Rather, you can vote on the
character and quality of life in our community based solely on
your best .judgement . This is a unique opportunity for an elected
official ! I personally urge you to• vote "no" to a City subsidy to
the Fashion Outlet.
Sincerel ,
Greg Luke
Marcia McClure Torgerson CC 8/10/93
6200 Llano Road EXHIBIT "C"
Atascadero, CA 93422 Page 1
805-466-7980
August 10, 1993
City Council
City of Atascadero
Re: Sedimentation and Erosion Control Policies
Dear Councilmembers :
I am glad to see the Planning Department is beginning to
understand what I feel is an important issue in regards to
construction practices in Atascadero. I think that incorporating
erosion and sedimentation measures as a standard construction
note on plans is a good first step. But we, as a city, need to
take further steps if we intend to protect the neighboring
properties, ponds and creeks from erosion.
As I have said on many occasions, our Planning Department needs
to enforce the existing zoning ordinances. Requiring the note on
the plans is important, but if the inspector is not going to
enforce it, then we haven't made much progress . At present, our
building inspector does not check during the time between October
15th and April 15th for implementation of temporary erosion
controls . He does not issue "stop orders" if anyone has not
complied because his department has not required it . The only
temporary erosion controls that have been implemented that I am
aware of are those required by the Compliance Officer after the
erosion damage has taken place and a complaint filed.
In regards to the Report to City Council from Mr. Engen, I have a
few comments . On the first page under the heading 114GS Santa
Ana Site he states that North Coast Engineering reviewed the site
plans and advised that it met City Standards for City drainage
requirements . I agree with that statement. The plans show the
permanent drainage plans which have not been implemented yet.
I'm sure they meet the City' s requirements. But there has been
no temporary erosion controls implemented even during February-
April 1993, our rainy season. And the fill slopes have yet to be
re-vegetated. Our rainy season comes again in 2 months. The
Zoning Ordinance #9-4.141 (a) (9) states "protective measures to
be taken during construction, such as hydromulchng, berms
(temporary or permanent) , nterceptor ditches, subsurface drains,
terraces, and/or sediment traps in order to prevent erosion of
the cut faces of excavations or of the sloping surfaces of
fills. ,, Zoning Ordinance #9-4.145 (d) (3) states "Within 30 days
after completion of grading, . . .all surfaces disturbed by
vegetation removal, grading. . . .or other construction
activity. . . .shall be revegetated to control erosion. . . . . .Erosion
controls may include any combination of mechanical or vegetative
measures, including those described in USDA Soil Conservation
CC 8/10/93
EXHIBIT "C"
(2) Page 2
Service Bulletin 347 . 11 These 2 quotes lead me to believe that
this particular construction site, and I'm sure there are others
like it, are not being required to comply.
I think the biggest problem with this issue is education. The
Planning Department is not used to requiring these acts and they
are not looking forward to having to deal with the contractors
who will probably complain about more restrictions . As I
mentioned in one of the quotes from the Zoning Ordinance, the
Soil Conservation Service Bulletin 347 is referred to as a source
of ideas for erosion controls. I would like to suggest that the
Planning Department give out one of these booklets with each
grading and building permit issued along with an explanation of
the City' s requirements . I believe most contractors will comply
if the City' s situation is explained to them. I have spoken to
the Soil Conservation Office in Paso Robles, and they will be
happy to round up some of these bulletins if we are interested in
issuing them with grading and building permits.
Regarding the issue of compliance; I know that is a concern to
the Planning Department . Using the Police Department as an
example with their volunteer patrols, I would like to suggest a
volunteer compliance patrol . They could be given a list of
current construction sites and, during the rainy season, could
check each site and report to the building inspector the ones not
complying. This would save the inspector time and would probably
encourage compliance if the contractors knew there were
compliance patrols . I know several people who have told me they
would gladly volunteer for something like this, myself included.
In closing, I would like to say again that I am happy to see this
issue getting some attention. I hope we can continue to take
further steps to help preserve our natural waterways and protect
neighboring properties from further damage.
Sincerely,
Marcia McClure Torgerson
/m