Cinemark development project inches forward

New Roseville transportation commissioner also named during council meeting
By: Sena Christian, The Press Tribune
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A new movie theater is inching closer to coming to Roseville, but not without a fight.

During the April 6 Roseville City Council meeting, an attorney representing the interests of opponents to the proposed Cinemark development project said he does not believe a movie theater is a permitted use for the proposed property, located at 9000 Washington Bouelvard.

“I did submit a letter to the City Council asking whether or not the theater use which is proposed is an appropriate use under the specific plan,” said Steve Herum, a partner at Herum Crabtree in Stockton.

He also questioned staff’s proposal to hire outside California Environmental Quality Act legal counsel to determine appropriate environmental documentation for this project. Under this funding and indemnification agreement, the developer is responsible for all costs incurred for the project and will reimburse the city for these legal services.

The agreement also protects the city from any potential lawsuits related to this project and associated environmental review.

“We think the request is unprecedented, it’s rather unusual and seems to be premature so early in the process,” Herum said.

City staff said this type of agreement is common.

“This is not unusual,” said City Manager Ray Kerridge during the meeting. “This is pretty typical in the state of California for this arrangement to occur.”

On Nov. 2, Cinemark USA, Inc. submitted an application for a 770,000-square-foot mixed-use development project. The project would include a 14-screen Cinemark movie theater directly across Highway 65 from Rocklin’s recently opened Blue Oaks 16 Cinema.

In addition to the 52,000-square-foot theater facility, the plan for the 60-acre site includes hotel space, restaurant space and office space.

The City Council unanimously approved the funding and indemnification agreement during the meeting.

Council members also appointed Bonnie Gore, with a vote of 4 to 1, to the Roseville Transportation Commission to fill an unscheduled vacancy. Four candidates applied for the position. Gore is the community and government relations manager for Kaiser Permanente. The term expires Dec. 31, 2012.

Here’s a look at some items approved during the April 6 Roseville City Council meeting:

General liability claim — HIRA Petroleum/Beacon Gas Station: On Dec. 5, city crews were notified of a sewer line blockage at HIRA Petroleum (Beacon Gas Station) at 510 Washington Blvd.

The sewer main in the alley was plugged. The city cleanout cap did not pop off, causing sewage to enter the business rather than flow to the outside parking lot. The city repaired the damage and installed a backflow device. The city will pay $76,605 for remediation work related to a government claim filed following the damage.

Resolution declaring weeds and rubbish a public nuisance: The city declared all weeds, dirt, rubbish or rank growths a public nuisance. Each year, all vacant parcels are identified and property owners are notified of their obligation to maintain adequate fire breaks as a fire protection and prevention measure.

Owners are given an opportunity to abate hazards, but if they fail to do so by a pre-determined date specified by the Fire Department, abatement costs are billed to the property owners. If the owner fails to pay the bill, the city places a lien on the property and money owed is reimbursed through the property tax collection process.

Acquisition of Pacific Street properties: Roseville Redevelopment Agency secured the acquisition of two parcels identified in the Downtown Specific Plan as future sites for the development of a public parking structure to support the needs of businesses within Old Town. The cost is $205,000 and comes from the 2006 Redevelopment Tax Allocation Bonds Fund.

Medical marijuana enforcement litigation budget adjustment: Roseville Municipal Code prohibits medical marijuana dispensaries within city limits. The city is currently involved in litigation with the owners and operators of two dispensaries.

One business initiated legal action against Roseville to enjoin the city’s enforcement of its ordinance. In turn, the city sued that business and a second business. The city has since retained outside legal counsel to defend the ordinance at an estimated cost of no more than $60,000 for the remainder of the current fiscal year.

Payment for public safety computer maintenance: Roseville will pay $155,473 to Placer County Sheriff’s Office for the city’s portion of the Regional Public Safety System software and hardware maintenance for the 2010-11 fiscal year.

Since 1998, Roseville police and fire departments have shared public safety computer systems with the sheriff’s office, other county departments and Auburn Police Department.

In 2003, council approved an agreement with Placer County for a new shared computer aided dispatch system, records management system and corrections management system. Roseville’s portion to cover ongoing maintenance cost, based on use, is about 37 percent.

Sena Christian can be reached at