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HomeMy WebLinkAboutMinutes 2000-09-26MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 26, 2000 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Lady called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: X Mayor Lady X Mayor Pro Tem Ferrara X Council Member Runels X Council Member Tolley X Council Member Dickens Staff Present: X City Manager X City Attorney X Chief of Police X Director of Administrative Services Director of Building and Fire X Director of Community Development Director of Economic Development Director of Public Works X Director of Parks and Recreation Director of Financial Services X Sr. Consultant Engineer X Associate Planner Redevelopment Agency X Chair Lady X Vice Chair Ferrara X Board Member Runels X Board Member Tolley X Board Member Dickens 3. FLAG SALUTE Ray Cook and Tom Gregg, representing American Legion Post 136, led the flag salute. 4. INVOCATION Pastor Ron Salsbury, New Life Church, Pismo Beach, delivered the invocation. 5. SPECIAL PRESENTATION 5.a. Voter Registration Week Mayor Lady read the Proclamation declaring October 2 - 10, 2000 as Voter Registration Week. Director of Administrative Services Wetmore reported on the City's voter registration outreach efforts. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 6. AGENDA REVIEW None. 6.a. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Runels moved, Council Member Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. PUBLIC HEARINGS 7.a. PUBLIC HEARING CONCERNING THE USE OF STATE 2000-01 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS Chief TerBorch highlighted the staff report. He explained that as. part of the FY 2000-01 State Budget, AB 1913 was enacted to continue funding the Citizens' Option for Public Safety (COPS) Program. Under the program, funding is allocated to local law enforcement agencies to enhance delivery of services. He stated that the funds must be used to augment local law enforcement services and may not be used to supplant existing budgeted funds. He explained that the City of Arroyo Grande would receive $100,000 from the State for the COPS program, and that the Governor's intended use for COPS funding is for the addition of sworn peace officers. He reviewed the proposed expenditures of State funds for the addition of a Police Sergeant; the upgrade of two (2) police officer positions to senior police officer; and to retain the balance of funds to offset future personnel costs. Staff recommended the Council conduct the required public hearing, make any modifications, and approve the total expenditure of $100,000 for the COPS program. Following Council questions regarding the potential reduction of staff overtime; how the funds were allocated in past years; concerns about future funding for added personnel; the overall span of officers to sergeants; and results of studies conducted on staff capability to provide services based on the increase in population at the City's build -out, Council Members concurred with the Police Chiefs recommendations for the allocation of funds. Mayor Lady opened the Public Hearing, and upon hearing no comments he closed the public hearing. Council Member. Runels moved to approve the expenditure of $100,000 as authorized by the State for law enforcement services under the Citizens Option for Public Safety (COPS) Program. Mayor Pro Tem Ferrara seconded the motion. Ave Lady Ave Ferrara Aye Runels Absent Tolley Aye Dickens CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 There being 4 AYES, 0 NOES, and 1 ABSENT the motion is hereby declared to be passed. 7.b. APPEAL OF PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT 00-005, VARIANCE 00-002 AND LOT LINE ADJUSTMENT 00-003; 1375 GRAND AVENUE Associate Planner Heffernon highlighted the staff report and gave a brief overview of the project which includes expansion of an existing mini -storage facility with a manager's apartment, and construction of an office/retail commercial building. She explained that the Planning Commission denied the application based on the inability to make the necessary Conditional Use Permit and Variance findings and also based on the inconsistency of the proposed project with the City's recently adopted Economic Development Strategy. Council Member Dickens asked for clarification on the variance for the required fifteen foot setback. Associate Planner Heffernon replied that the Development Code requires a front yard setback of fifteen feet from the property line and the project as proposed was located ten feet from the property line along Grand Avenue. Mayor Pro Tom Ferrara asked for clarification regarding finding #3 in the resolution and asked what type of exceptional circumstances or conditions would be required in order to grant a variance. Associate Planner Heffernon responded that there were no topographic or other physical conditions such that the applicant could not move the building back another five feet to meet the setback requirement. Mayor Lady opened the Public Hearing. Gary White, representing the applicant, gave a timeline review of the application process for the project which began in January 1998. He explained that over the course of a year and a half, he had revised the project several times in order to meet the concerns and comments of the Staff Advisory Committee, Architectural Review Committee, and the Planning Commission. He stated that during the process, the issue of Level of Service came up and modifications were made to the project in order to reduce potential traffic. He said at this time no mention was made of the proposed use. He commented that at some time during the progress of the project, the Economic Development Strategy was approved and published; however, he was not notified about any potential conflict between the Economic Development Strategy and the proposed use of the project. He stated that after the Architectural Review Committee approved the project in June 2000, the project went to the Planning Commission where he heard for the first time that a mini -storage was an inappropriate use on Grand Avenue and the Economic Development Strategy issue became the basis for denial of the project. He further explained that he got a copy of the Economic Development Strategy, met 3 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 with staff and came away not knowing what direction to take. He said that he met the Level of Service concerns by increasing the storage and reducing the scope of the commercial building, and then the rules changed and the Economic Development Strategy became the issue. He stated that the project is a benefit to the City and the property owner and that the mini -storage is listed as a permitted use in the Development Code. He stated that the Economic Development Strategy reflects the goals of the project such as being business friendly, having a balanced economic image, providing base level jobs versus support level jobs, enhancing business retention and expansion, as well as being a less visual impact than what is currently located on the property. He asked that the Council consider approval of the project as an improvement to the existing business. Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Members acknowledged the concerns of the applicant on how the project moved through the review process. Council Member Runels stated that the project does not meet the goals of the Economic Development Strategy and agreed with finding #5 in the proposed resolution that states the project will impair the City's economic enhancement policy to increase the retail utilization of the Grand Avenue Corridor because the proposed mini -storage expansion will displace any potential retail use at the project location. He stated he would uphold the Planning Commission's decision. Council Member Dickens commented that he questioned the project's proposed use. He stated he had a different vision for the Grand Avenue corridor and questioned whether it was in the City's best interest to expand that use or should the City be looking at alternatives that have additional benefits. He spoke about the need for balance between economic factors and infrastructurelcirculation Issues. He stated that he would uphold the Planning Commission's decision. Mayor Pro Tom Ferrara commented that the City has been in transition. He stated that it was a year and a half ago when surveys were distributed to the community asking what the City's vision should be. He said based on survey feedback, steps were taken to define what the City's economic goals should be which resulted in the adoption of the Economic Development Strategy. Following further comments regarding the intent of the Economic Development Strategy, he concluded by referring to the setback issue, the inconsistency with objective 6.0 of the Land Use Element, use incompatibility, and findings #5 and #6 in the resolution, and stated he would uphold the decision of the Planning Commission. Mayor Pro Tem Ferrara moved to adopt a Resolution upholding the decision of the Planning Commission to deny Conditional Use Permit 00-005, Variance 00- 002, and Lot Line Adjustment 00-003, located at 1375 Grand Avenue, applied for by Zaddie R. Bunker Trust. Council Member Dickens seconded the motion. n CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 Aye Lady Ave Ferrara Ave Runels Absent Tolley Ave Dickens There being 4 AYES, 0 NOES, and 1 ABSENT the motion is hereby declared to be passed. 8. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Twila Martin, 226 Miller Circle, spoke regarding the outdoor live music being played at the Branch Street Deli on the weekends. She stated she lived in close proximity to the Deli and expressed concern with the volume and frequency of the music being played. She stated she had contacted the .City, the Police Department, and the manager of the Deli to issue a complaint on the volume of the music. She said she did not understand why the music had to be so loud and that she was now turning to the Council for support and guidance in resolving the issue. Mayor Lady requested that staff research the noise levels, whether there were any existing permit requirements, and to coordinate efforts with the Deli to address the issue. 9. CONSENT AGENDA Council Member Runels moved and Council Member Dickens seconded the motion to approve Consent Agenda Items 9.a. through 9:h., with the recommended courses of action. a. Cash Disbursement Ratification. Approved. b. Minutes of the City Council/Redevelopment Agency Meeting of September 12, 2000. Approved. C. Conflict of Interest Code Review. Adopted Resolution No. 3482. d. Purchase of Replacement Ballistic Vests. Approved. e. Disadvantaged Business Enterprise (DBE) Program for FFY 2000-01. Approved. f. Spring 2000 Pavement Management Project No. 2000-5, Progress Payment No. 1. Approved. g. Fair Oaks Avenue/Tally Ho Overlay Project No. 2000-3, Progress Payment No.2. Approved. h. Solicitation of Bids for the City Hall Re -Roofing Project. Approved. _ Voice Vote X Roll Call Vote 5 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 City Council Aye Lady Aye Ferrara Ave Runels Absent Tolley Aye Dickens Redevelopment Agency Aye Lady Ave Ferrara Aye Runels Absent Tolley Aye Dickens There being 4 AYES, 0 NOES, and 1 ABSENT the motion is hereby declared to be passed. 10. CONTINUED BUSINESS 10.a. APPEAL OF CONDITION OF APPROVAL NO.56 FOR TENTATIVE PARCEL MAP 99-003 AND PLANNED UNIT DEVELOPMENT 99-003 REGARDING THE UNDERGROUNDING OF UTILITIES; 1171 ASH STREET Community Development Director McCants highlighted the staff report. He explained that the item was continued from the July 25, 2000 meeting to allow the applicant time to gather information regarding PG&E's requirements on the placement and cost of undergrounding utilities. He explained that the applicant submitted a letter addressing the relevant costs. Staff recommended the Council adopt a resolution upholding the decision of the Planning Commission to require certain existing overhead public utilities to be placed underground. Staff further recommended that language be added to Condition of Approval No. 19 regarding tree protection measures for underground utility trenching. Mayor Lady opened up the discussion for public comments. Tim Thiessen, designer for the project, spoke on behalf of the applicant. He explained that the project may not be feasible due to the applicant's financial constraints. He said the applicant did not have the resources to bring in underground consultants to investigate alternatives. He referred to documentation from PG&E which was a preliminary estimate of $30,000 and clarified that the estimate only included undergrounding of the power lines and did not include any transformers or undergrounding of vaults. He commented that the applicant was willing to underground the wires for the existing residence and the two proposed residences which would cost about $16,000, but was appealing the additional costs estimated by PG&E to place all the equipment underground. Bill Sutton, Jr., applicant, spoke on behalf of the project. He stated that the owners want to the take the property back because it has been in the process for too long and he has overextended his escrow. He said if they take back the property, they intend to build a higher density project. Hearing no further public comments, Mayor Lady brought the item back to the Council for consideration. 0 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 Council Member Dickens commented it was not the Council's position to determine economic feasibility for a particular project. He said the Council was there to determine whether the project meets the City's Development Code and General Plan standards. He said the Planning Commission had compromised with the applicant on the removal and undergrounding of certain poles and lines and he would uphold the decision of the Planning Commission. Council Member Runels, Mayor Pro Tom Ferrara, and Mayor Lady agreed that the Council's responsibility was to follow the provisions of the City's Development Code and would uphold the decision of the Planning Commission. Council Member Dickens moved to adopt a Resolution upholding the decision of the Planning Commission to require certain existing overhead public utilities be placed underground; and further recommend that language be added to Condition of Approval No. 19 regarding tree protection measures for underground utility trenching. Council Member Runels seconded the motion. _ Voice Vote X Roll Call Vote Ave Lady Aye _Ferrara Aye Runels Absent Tolley Ave Dickens There being 4 AYES, 0 NOES, and 1 ABSENT the motion is hereby declared to be passed. 11. NEW BUSINESS 11.a. DESIGNATION OF A SUBORDINATE OFFICER PER SECTION 23800(E) OF THE BUSINESS AND PROFESSIONS CODE Community Development Director McCants highlighted the 'staff report. He explained that the Business and Professions Code was amended to permit a local governing body or its designated subordinate officer to request that conditions be placed upon an alcoholic beverage license at the time of transfer which would mitigate problems at or in the immediate vicinity of the premises. Following Council and staff discussion regarding the role of the Subordinate Officer and the coordination of efforts between the Community Development Director and the Police Chief, Mayor Pro Tom Ferrara suggested that Council be notified of any potential high profile issues in the community if the Subordinate Officer were to request conditions be placed on a license. City Manager Adams confirmed that staff would provide such notification to the Council. 7 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 Mayor Lady opened the discussion for public comment, and upon hearing no comments he brought the issue back to the Council for consideration. Mayor Pro Tern Ferrara moved to adopt a Resolution designating the Community Development Director as the Subordinate Officer responsible for requesting conditions on alcoholic beverage licenses. Council Member Dickens seconded the motion. _ Voice Vote X Roil Call Vote Aye Lady Aye Ferrara Ave Runeis Absent Tolley Me Dickens There being 4 AYES, 0 NOES, and 1 ABSENT the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS: a. MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District (SSLOCSD). Ordinance has been adopted regarding the acceptance of brine waste; Approved Cellular One Site Lease Agreement, which will generate $1,100/month in revenue for the District; Conducted closed session to discuss personnel issues; announced appointment of Mr. Appleton as the new District Superintendent. (2) Other. None. b. MAYOR PRO TEM TONY M. FERRARA (1) Integrated Waste Management Authority Board (IWMA). Residential recycling continues to improve the diversion rate; Commercial recycling rates still not looking good; Suggested Council consideration of a sample Construction and Demolition Waste Recycling Ordinance at a future meeting; IWMA hiring additional staff member to work with cities who have commercial recycling ordinances; IWMA will also work with small businesses and the School District to develop strategies to comply with the ordinance; grant monies available to provide containers free of charge. (2) Economic Vitality Corporation (EVC). Meets September 27"'. Draft Economic Development Strategic Plan to be presented to the Board. (3) Air Pollution Control District (APCD). No report. (4) Other. None. 0 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 C. COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Water Advisory Board. Reported on lake levels, acre feet used, and water quality; Dam seismic remediation project is out to bid, with bid opening scheduled on September 28th; project schedule remains on track; Lopez recreation area visitor activity from May through August shows 3% increase over 1999; federal grant monies are available for upgrading the water treatment plant. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. d. COUNCIL MEMBER STEVE TOLLEY (Absent) (1) Long -Range Planning Committee. No report. (2) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). No report. (3) Other. None. e. COUNCIL MEMBER JIM DICKENS (1) South County Area Transit (SCAT). No report. Next meeting is in December to review the Trolley issue. (2) Economic Development Committee/Chamber of Commerce. No report. (3) Community Recreation Center Subcommittee. No report. Next meeting is September 27th. (4) Economic Opportunity Commission (EOC). No report. Next meeting is September 28 h. (5) South County Youth Coalition. No report. Next meeting is September 28th, (6) Other. 13. COUNCIL COMMUNICATIONS Mayor Lady announced that there would be a Candidate Forum sponsored by the Chamber of Commerce and League of Women Voters at the Regional Center on Wednesday, September 27, 2000 at 6:30 p.m. Council Member Dickens distributed a press release entitled "Art Added to Village Walkway". He explained that the Dixson family has announced the addition of public art displayed in the Dixson Walkway within the Village. He said the artwork is a rendition of the old F.E. Bennett General Store and depicts life in the Village nearly a century ago. He invited the Council and members of the public to attend a dedication gathering on Wednesday, September 27th at 12:30 p.m. Council Member Runels reported that the Governor had signed the pesticide bill which has restrictions for the use of pesticides near school grounds. 9 CITY COUNCILIREDEVELOPMENT AGENCY MINUTES SEPTEMBER 26, 2000 Council Member Dickens reported that the Arroyo Grande Community Hospital was going to be holding their annual Wine and Orchids Festival and encouraged the Council to attend this annual fundraiser. 14. STAFF COMMUNICATIONS City Manager Adams reported that staff was moving ahead on scheduling a Joint workshop with the Planning Commission to discuss the East Grand Avenue Corridor and the proposal for a zoning overlay; the process for incorporating the Economic Development Strategy into the General Plan; and a schedule for the General Plan Update. He proposed holding the workshop in conjunction with the next regular City Council meeting. There was consensus to hold a joint session with the Planning Commission on October loth as part of the next regular City Council meeting. City Manager Adams reported for informational purposes that the City was dealing with an operational issue relating to the City's computer network system and service provider. 15. ADJOURNMENT Council Member Dickens moved, Council Member Runels seconded, and the motion passed unanimously to adjourn the meeting. ATTEST: KELLY WETMOftE, ADMINISTRATIVE SERVICES DIRECTOR/ DEPUTY CITY CLERK 10