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HomeMy WebLinkAboutMinutes 2005-02-08MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, FEBRUARY 8, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:03 p.m. 2. ROLL CALL City CounciMA: Council/Board Members Dickens, Guthrie, Arnold, Mayor Pro Tern/Vice Chair Costello and Mayor/Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Director of Public Works/City Engineer Spagnolo, Director of Financial Services Pillow, Director of Building and Fire Fibich, Community Development Director Strong, Interim Neighborhood Services Coordinator Ansolbehere, Associate Planner Heffernon, Associate Planner McClish, and Assistant Planner Foster. 3. FLAG SALUTE Vern Frederick, representing Arroyo Grande Lions Club, led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Recognition of Outgoing Commissioners, Committee, and Board Members. Mayor Ferrara recognized the following outgoing Commissioners, Committee and Board Members and presented those that were present with City plaques acknowledging their service to the community: Planning Commissioners Nan Fowler (2001-2005), Jim Guthrie (2000-2004), and Ed Arnold (2002-2004); Traffic Commissioners Scott Metcalf (2003-2005), Derril Pilkington (1997-2005), Heather Jensen (2001-2003), and Kirk Scott (1999-2005). Mr. Soon was also recognized for serving as Citizen Representative to the Citizens' Transportation Advisory Committee (2000-2005). Senior Advisory Commissioner Herman Olave (1997-2005); Parks and Recreation Commissioners Harlan Silva (2001-2005), and Robert "Bob" Brown (2001-2005); and Architectural Review Committee Members Melanie Hodges (2001-2005), Jamie Ohler (1999- 2005), and Chuck Fellows (2000-2005.) Former City Council Members Tom Runels and Sandy Lubin also thanked all the outgoing Commissioners, Committee, and Board Members, who they had appointed, for their commitment and dedication to the various advisory bodies. 5.b. Mayor's Commendation Recognizing Kirk Scott for Coordinating, Constructing, and Overseeing the South County Historical Society's "Barn" Project at Heritage Square. Mayor Ferrara presented a Mayor's Commendation recognizing Kirk Scott for his efforts in coordinating, overseeing and constructing the South County Historical Society's "Barn" Project at Heritage Square. Mr. Scott accepted the commendation and gave a brief overview of the project and recognized all the persons who contributed to the success of the project. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 2 5.c. Proclamation Recognizing February 22, 2005 as "Spay Day USA 2005". Mayor Ferrara presented an Honorary Proclamation recognizing February 22, 2005 as Spay Day USA. Cheryl Penkal, a volunteer with Feline Network of San Luis Obispo, explained the purpose of Spay Day USA and encouraged people to observe the day by having their own dogs or cats spayed or neutered or by sponsoring the spaying or neutering of another person's dog or cat. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only. Mayor Pro Tom Costello moved, Council Member Arnold 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. CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS None. 8. CONSENT AGENDA Mayor Pro Tern Costello requested that Item 8.e. be pulled for comment. Council/Board Member Dickens moved, and Council/Board Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 81, with the exception of Item 8.e., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.g. The motion carried on the following roll -call vote: AYES: Dickens, Guthrie, Arnold, Costello, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification (PILLOW) Action: Ratified the listing of cash disbursements for the period January 16, 2005 through January 31, 2005. 8.b. Consideration of Acceptance of Audited Annual Financial Reports. [COUNCIL/RDA] Action: Received and filed the Audited Annual Financial Reports for the Fiscal Year ending June 30, 2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of January 25, 2005, as submitted. 8.d. Consideration of Rejection of Claim Against City — C. Berns/ Goodlow Action: Rejected claim. 81 Consideration of Authorization to Purchase Replacement Police Utility Patrol Vehicle. Action: Authorized staff to purchase one (1) replacement Police utility patrol vehicle from Christianson Chevrolet for $29,654.80. 8.g. Consideration of Adoption of Ordinance Adding Chapter 13.06 to Title 13 of the Arroyo Grande Municipal Code Regarding Implementation of a Mandatory Retrofit Program and Procedure Upon the Change of Ownership of Real Property. CITY COUNCILJREDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 3 Action: Adopted Ordinance No. 563, "An Ordinance of the City Council of the City o1 Arroyo Grande Adding Chapter 13.06 to Title 13 of the Arroyo Grande Municipal Code Regarding Implementation of a Mandatory Retrofit Program and Procedure Upon the Change of Ownership of Real Property". 8.h. Consideration to Approve Final Tract Map 2506; Subdividing a .80 Acre Parcel Into Seven M Residential Parcels Located at 325 Alder Street. Action: Approved Final Tract Map 2506, subdividing .80 acres into seven (7) residential parcels. 8.1. Consideration of Annual Adjustment of Drainage Fees for Arroyo Grande Drainage Area No.1 and Drainage Impact and Utility Fee Study. Action: 1) Adopted Resolution No. 3811, "A Resolution of the City Council of the City of Arroyo Grande Adjusting Drainage Fees for Arroyo Grande Drainage Area No. 1 by the Change in the Engineering News Record Construction Cost Index"; and 2) Directed staff to solicit proposals from qualified consultants to evaluate a storm water utility and drainage impact fee for the entire City. 8.e. Consideration of Adoption of Ordinance and Resolution Regarding the Licensing of Tobacco Retailers. Recommended Action: 1) Adopt Ordinance adding Chapter 8.38 to Title 8 of the Arroyo Grande Municipal Code providing for the licensing and regulation of retailers of tobacco products; and 2) Adopt Resolution establishing fees and administrative penalties. Mayor Pro Tern Costello noted that he was absent from the previous meeting where the proposed Ordinance had been introduced. He expressed his support for the Ordinance, which would enable the Police Department to better regulate the sale of tobacco products as well as enforce laws and ordinances prohibiting sales of tobacco products to minors. Mayor Pro Tom Costello moved to approve staff's recommendation as follows: 1) Adopt Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CRY OF ARROYO GRANDE ADDING CHAPTER 8.38 TO TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE PROVIDING FOR THE LICENSING AND REGULATION OF RETAILERS OF TOBACCO PRODUCTS"; and 2) Adopt Resolution as follows: "A RESOLUTION OF THE CRY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FEES AND ADMINISTRATIVE PENALTIES FOR LICENSING AND REGULATION OF TOBACCO RETAILERS AS AUTHORIZED BY ARROYO GRANDE MUNICIPAL CODE SECTION 8.38.070 AND 8.38.130". Council Member Dickens seconded the motion, and on the following roll call vote: AYES: Costello, Dickens, Guthrie, Arnold, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS In response to a request from staff, Mayor Ferrara requested and the Council concurred, to hear item 9.b. prior to 9.a. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 4 9.b. Consideration of Development Code Amendment 04-M — Proposed Ordinance Amending the Zoning Map to Rezone Certain Properties for Consistency with the General Plan. Associate Planner McClish presented the staff report and recommended the Council introduce an ordinance amending the Zoning Map to rezone certain properties for consistency with the General Plan. She explained that the proposed ordinance would result in the revising of zoning designations on parcels that are located in the vicinity of E. Grand Avenue, E. Branch Street and Traffic Way from Senior Residential (SR), General Commercial (GC), Highway Commercial (HC), and Village Commercial (VC) to current zoning designations of Public Facilities (PF), Fair Oaks Mixed Use (FOMU), Single Family (SF), and Highway Mixed Use (HMU). Mayor Ferrara opened the public hearing, and when no one came forward, he dosed the public hearing. Following comments in support of the proposed ordinance, Mayor Pro Tom Costello moved to introduce an ordinance as follows, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO REZONE CERTAIN PROPERTIES FOR CONSISTENCY WITH THE GENERAL PLAN (DEVELOPMENT CODE AMENDMENT 04-006)". Council Member Arnold seconded the motion, and on the following roll - call vote: AYES: Costello, Arnold, Guthrie, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.a. Continued Public Hearing: Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow a Financial Institution to Occupy Building J of the Five Cities Shopping Center; 911 Rancho Parkway; Wells Fargo Bank. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving Amended Conditional Use Permit 04-001 subject to conditions of approval. Marty Inouye, representing Omni -Means, gave an overview of the traffic study including traffic counts taken at AM peak hour, mid -day peak hour, and PM peak hour; traffic count locations, and recommended mitigation for roadway improvements. Director of Public Works Spagnolo presented additional traffic mitigation altematives for the Council's review. Council Member Arnold proposed several additional traffic mitigation alternatives which would involve a "right turn in" and "right turn our from the driveway on the Trader "a (Phase 2) side; adding a right turn only lane on Rancho Parkway going into Phase 1 and widening the driveway entrance to accommodate additional turning lanes; and the potential addition of a driveway entering the rear of the center from Camino Mercado. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES FEBRUARY S, 2005 PAGE 5 Council and staff discussion ensued regarding the original traffic study for the Five Cities Center and acknowledgment of the City's policy changes with regard to the use of specific traffic study data. Mayor Ferrara opened the public hearing. Carol Florence, Principal Planner with Oasis Associates and representative for the applicant, acknowledged the existing deficiencies with regard to traffic. She commented that the applicant is committed to constructing the appropriate improvements and is willing to analyze the proposed alternatives presented this evening and come hack at a future meeting with the most appropriate alternative. Nathan Alvarado, Branch Manager for A.G. Edwards (Building L in Phase 2), suggested that ingress from Rancho Parkway into Phase 2 of the Five Cities Center be a one-way configuration so that traffic exits out of the northern driveway. He also expressed concerns about early morning truck deliveries to Trader Joe's. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Dickens said that it was important to apply appropriate mitigation to this particular application for the bank to address the cumulative effects on Phase 2 as it interacts with Phase 1. He stated he was unable to move forward with the alternative proposed in the staff report and favored a continuance for the opportunity to review and study the other proposed alternatives presented this evening. Council Member Guthrie commented there was the consideration of the difference between a retail use and a financial use. He felt the financial use generates more trips than the retail use and some consideration should also be given to the sales tax loss issue. He acknowledged short and long -tern traffic generation issues on all of the intersections in the area and commented that he did not think this part of the development of Phase 2 should be responsible for all of those intersections. He said for the short term, he concurred that the proposed mitigation would not have been functional and expressed concerns about whether there is a mitigation that is functional that will make cross traffic possible between Phase 1 and Phase 2. He stated that the suggestion for one way in and one way out of Phase 2 could work. He stated he could not support approving the change in use at this time without a solution for traffic problems. He supported continuing the Item for further study. Council Member Arnold stated it was important to solve the traffic issue before moving forward. He did not support any of the proposed alternatives as functional, with the exception of the alternative he had proposed, and possibly the placement of a stop sign near the norther Phase 2 exit or at Via Vaquero. He concluded by stating that he did not feel comfortable evaluating a project for this building or for Pad I until the traffic issue is solved first. He supported continuance of the Item. . Mayor Pro Tom Costello stated he could not support the proposed alternative or any mitigation that impedes traffic from Phase 1 to Phase 2. He commented that one of the Issues that was brought up in terms of bringing in Wells Fargo was that It would service the entire Center. He stated there needed to be a smooth transition for circulation between Phases 1 and II. He commented on some of the alternatives presented and stressed the need for a solution to address short and long term traffic issues. He supported continuing the Item for further study. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 6 Mayor Ferrara supported a 30-day continuance to review additional alternatives. He recalled that when the traffic study was first done, it was determined that a signal or stop sign would not be appropriate because of its proximity to the W. Branch Street intersection. He referred to the suggestion for a stop sign at the upper driveway on Rancho Parkway and commented that the line of sight issue on Rancho Parkway is crucial and Rancho Parkway continues to be a very busy collector street. He did not support closing off access or installing a raised median from Phase 1 to 2, nor did he support channeling traffic back through the shopping center as an option. He supported a portion of Council Member Arnold's recommendation that he would like to look at further is another access at the back of the Center, however, he stated that this would have to include feedback from the surrounding neighborhood. He referred to Camino Mercado and expressed concern about a circulation fix that would impose any more traffic on Camino Mercado. He also commented about being careful about the traffic flow between the driveways in Phase 2 and the potential for backing up of traffic if restricting ingress and egress to one-way. He suggested re-examining the potential for continued reduction of intensity of use in Phase 2 by looking at existing vacant areas in Phase 1. As far as the proposed financial use, he commented that although the building has been vacant for a while, retail sales tax generation was a condition of approval for the Center, and is also reinforced by the City's General Plan Economic Element. Council Member Guthrie commented that a solution that includes making use of the main entrance on W. Branch Street into the Five Cities Center should be encouraged. Mayor Pro Tern Costello moved to continue the item to the regular City Council meeting of March 8, 2005. Council Member Arnold seconded the motion, and on the following roll -call vote: AYES: Costello, Arnold, Guthrie, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Mayor Ferrara called a break at 9:05 p.m. The Council reconvened at 9:17 p.m. 10. CONTINUED BUSINESS None. 11. NEW BUSINE 11.a. Consideration of Pro -Application Can No. 04-017: Revision to Pad "I" In the Five Cities Center; 911 Rancho Parkway. Assistant Planner Foster presented the staff report and recommended the Council review and comment on the proposed project. Staff responded to questions from Council concerning accommodations for truck deliveries, proposed public access at the rear of the buildings; intent for monument signs and signage on the rear of the buildings as it relates to the Planned Sign Program; and clarification regarding the design of the tower element. Paul Poirier, project architect, gave an overview of the proposed site plan, reviewed site circulation for traffic and pedestrians, and presented elevation and landscape designs. Mr. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 7 Poirier responded to questions from Council concerning the proposed layout of the buildings and issues related to truck circulation and delivery. Mayor Ferrara invited public comments on this item, and when no one came forward, he closed the public comment period. Council Member Dickens commented that the issue of traffic and circulation, as previously discussed, must be dealt with, especially as the potential use in Phase 2 is increased. He suggested reducing the square footage of the buildings as much as possible. As far as truck loading, he encouraged obtaining input from the surrounding residents, and favored the Mayor's idea for creating an area between the buildings that would still allow for access around the back of the buildings. He did not feel the amount of parking provided behind the building would be utilized effectively. He did not feel there was a need for more signs and did not favor placing a monument sign at W. Branch Street. He suggested utilizing and expanding the existing monument sign at the entrance to Phase 2; and commented that the proposed sign on the tower facing the freeway is appropriate. He commented that the architectural detail is consistent with the area and he appreciated the architect's design element to deter swallows and other birds from nesting there and suggested providing more trees to mitigate that particular impact. He emphasized that the major issues regarding traffic and circulation would need to be addressed before moving forward. Council Member Guthrie referred to the parking in the back of the building and stated that historically it is underutilized. He expressed concerns about truck access and suggested leaving the proposed PETCO building as it is and moving the multi -tenant retail building back into the comer and eliminating the second truck access completely. As far as signage, he supported the proposed signage on the tower element and stated there would be a need for additional signage at the front of the property to identify other tenants. Council Member Arnold stated the timing of this project is not good, as the traffic issue needs to be resolved first. He stated that two buildings as proposed Is appropriate; however, he would like to see the project built in phases. He expressed concern that the Center will be under parked and that the parking in the back would not be used. He suggested angling the buildings in such a way that there is more frontage; and adding tree screening on the backside of the property. He opposed to the freeway sign and expressed concern about the angle of the tower element as far as its visibility from the surrounding neighborhood. He said two major anchors for Phase 2 have major traffic impacts and would not approve a project until traffic impacts are mitigated. Mayor Pro Tern Costello agreed that traffic impacts must be addressed first. He stated that in terms of the design of the buildings and the parking in the rear, he felt it would be wasted space. He supported the design of two buildings instead of one, and supported the idea for moving one of the buildings back at an angle to allow a wider space for truck access, deliveries, and unloading; opposed signs on the back of the building which would be visible from the freeway; liked the way the building design incorporates measures to counteract the birds from nesting; emphasized that circulation would be a significant issue to solve; opposed the placement of a monument on the comer of W. Branch and Rancho Parkway, and favored incorporating additional signage on the existing monument sign. CITY COUNCIIJREDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 8 Mayor Ferrara agreed that parking at the rear of the buildings is wasted space. He favored the concept of breaking one larger building into two smaller buildings; favored the position of the anchor building and suggested sliding the position of the smaller building farther back to create more distance between the buildings to allow for a safety lane for circulation of service trucks. He suggested reversing the placement of small tenants with the larger tenant to maximize the use of the trick aisle. He did not feel there was a need for a loading dock" and suggested creating a "loading area" located on the side instead of the rear of the building. As far as traffic impacts, he agreed that an environmental review would be necessary prior to any approvals for Pad I, and he emphasized the need for using actual traffic counts and current data. With regard to architecture, he commented that it was consistent with existing architecture and he supported design elements that would discourage nesting birds. He concluded by stating he opposed a freeway visible sign. Mayor Pro Tom Costello also suggested that if the building could be positioned in such a way so that the truck delivery traffic could flow in a clockwise direction and never have to back up. Council Member Dickens also suggested to the applicant that perhaps Trader Joe's may be interested in moving into the bigger building to give them increased space. Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had received sufficient feedback and direction with regard to the proposed project. There was no formal action on this item. I I.b. Consideration of Approval for Code Enforcement Citation Program. Director of Building and Fire Fibich introduced Interim Neighborhood Services Coordinator Jon Ansolabehere, who presented the staff report and recommended the Council approve the proposed Code Enforcement citation program. Staff responded to questions from Council concerning the number of existing cases, whether there would be an increase of the City Attorney's time on enforcement cases, and clarification that the citation authority currently exists and that the proposed process is being established to put guidelines in place for issuing citations for non-compliance of code enforcement cases. Mayor Ferrara invited public comments on this Rem, and when no one came forward, he closed the public comment period. Council Member Guthrie spoke in support of the proposed citation program. Council Member Dickens supported the program as proposed. He stated it was prudent for the City to have a process in place that is fair and stressed the importance of educating the public about compliance. He suggested that a component be included to provide feedback to the reporting party as to the status of code enforcement cases. Council Member Arnold supported the citation program and commented that the process includes generous noticing efforts by the City to request compliance. He suggested that specific fines/dollar amounts be incorporated in the Notice to Appear. CITY COUNCILIREDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 9 Mayor Pro Tom Costello supported the citation program, which has an emphasis on voluntary compliance. He stated that there would be a small percentage of non-compliance cases where the citation program would be useful. He supported the suggestion for incorporating specific fine amounts in the Notice to Appear. Mayor Ferrara supported the proposed citation program. He supported inducting language regarding specific fines on the Notice to Appear and also suggested that the same language be included in the two preceding Notice to Abate letters. He commended staff for Putting together component the citation program and stated that the Interdepartmental Task Forcevery good aspect of the program. Council Member Arnold moved to approve the proposed Code Enforcement citation program with the stipulation that fine amounts and information are added to the Notice to Appear citation form and to the Notice and Order to Abate letters. Council Member Guthrie seconded the notion, and on the following roll -call vote: AYES: Arnold, Guthrie, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11.c. Consideration of Request from the City of Pismo Beach to Participate in Study on Joint Fire Services. City Manager Adams presented the staff report and recommended the Council approve participating in a study of joint fire services with the City of Pismo Beach, City of Grover Beach and the Oceano Community Services District. Mayor Ferrara invited public comments on this item, and when no one came forward, he closed the public comment period. Council comments included support for participating in the study to gather information regarding potential joint fire services; however, Council members expressed a desire to ensure that the City of Arroyo Grande's staff time and high level of service is not negatively impacted. Council Member Dickens moved to approve participating in a study of joint fire services with the City of Pismo Beach, City of Grover Beach and the Oceano Community Services District. Mayor Pro Tem Costello seconded the motion, and on the following roll -call vote: AYES: Dickens, Costello, Guthrie, Arnold, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12 CITY COUNCIL MEMBER ITEM$ Mayor Ferrara referred to the concerns expressed earlier relating to truck deliveries to shopping centers and requested that staff follow up on current laws and conditions of approval regarding time restrictions on truck deliveries to shopping centers. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 8, 2005 PAGE 10 Mayor Pro Tern Costello referred to vacancies on several of the City's commissions, committees, Services/City Clerk Wetmore confirmed that there were currentand boards and encouraged citizens to apply for these opportunities. Director of Administrative ly Advisory Commission, one vacancy on the Traffic Commissitwo vacancies on the Senior vacon, and one vacancy on the Citizens' Transportation Advisory Committee (CTAC). 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS City Manager Adams announced that a Special City Council Meeting to consider the preliminary bi-annual budget was being scheduled for Wednesday, May 18, 2005 at 6:30 p.m. in the Council Chambers. He also reported that staff had tentatively scheduled April 1" as the date to meet with Assembly Member Blakeslee. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande, referred to traffic going through the Village and the potential hazards for pedestrian crossing and inquired about the status for obtaining lighted crosswalks. City Manager Adams gave an update on the status of the grant fund application for this project. 17.ADJOURNMENT Council Member Dickens moved, Council Member Arnold seconded, and the motion passed unanimously to adjourn the meeting at 10:59 P.M. in memory of Mike Titus. Tony Farr or/Chair ATTEST: Kelly Wetm re, ty Clerk/Agency Secretary (Approved at CC Mtg 3-8-o5a