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Minutes 2003-03-25 -- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 25, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tern Dickens, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Financial Services Snodgrass, Director of Public Works Spagnolo, Director of Community Development Strong, and Code Enforcement Officer Crockett. 3. FLAG SALUTE Members of Camp Fire He Wa Win Su Horizon led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Certificates of Recognition for He Wa Win Su Horizon Camp Fire Club Members. Mayor Ferrara presented Certificates of Recognition to Breanne Jett, Holly Dutra, Jenna Walton, Christie Mercier, Margaret Martin, Alex Limon, Breanne Davis, and Lisa Beedle, for achieving the highest honor in Camp Fire: the WoHeLo Medallion. Amanda Voss was not present; however, her Certificate will be presented to her by her fellow Camp Fire members. 5.b. Proclamation Recognizing April 2003 as Month of the Child. Mayor Ferrara presented an Honorary Proclamation declaring April 2003 as Month of the Child. Joanne Barcelona accepted the Proclamation. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tern Dickens moved, Council Member Runels 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. -- CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 2 7. CITIZENS' INPUT. COMMENTS. AND SUGGEST~ Mike Titus, Arroyo Grande, acknowledged the nine Camp Fire girls who received Certificates of Recognition, and stated that their two leaders, Sandy Davis and Colleen Martin, should also be recognized for leading the girls in their efforts. 8. CONSENT AGENDA Council Member Costello moved, and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8. e., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period March 1, 2003 - March 15, 2003. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the February 2003 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at February 28, 2003. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City CounciVRedevelopment Agency of March 11, 2003 as submitted. 8.d. Rejection of Claims Against City. Action: Rejected claims for damages against the City filed by Denise Barry, San Luis Obispo; and Margaret Weiser/State Farm Insurance, San Luis Obispo. 8.e. Consideration of Approval of Settlement Agreement - Superior Court Case Nos. CV 000748 and CV 020774. Action: Approved and authorized the Mayor to sign the Settlement Agreement between Gary Clawson and the City of Arroyo Grande, et al. AYES: Costello, Runels, Dickens, Lubin, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Consideration of Increasing Operating Fees in the Fire, Building, Community Development, Engineering and Recreation Departments Based on Changes In the January 2003 Consumer Price Index (C.P.I). Director of Financial Services Snodgrass presented the staff report and recommended the Council adopt a Resolution revising Operating Fees in the Fire, Building, Community Development, Engineering and Recreation Departments by the January 2003 C.P.I. of 3.5%. She stated the increase would be effective on July 1, 2003. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 3 Mayor Ferrara opened the Public Hearing, and upon hearing no public comments, he closed the Public Hearing. Council Member Lubin moved to adopt a Resolution amending operating fees for Parks and Recreation, Planning, Engineering, Building, and Fire Services. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.b. Consideration of Underground Utility District No. 7 - East Grand Avenue Utilities from Elm Street to Oak Park Blvd. Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Open the public hearing allowing affected property owners to address the Council concerning the formation of the District; and 2) Close the public hearing and adopt the resolution directing removal of all above ground utilities and requiring underground installation of said facilities within Underground Utility District No.7. In response to questions from Council, Director Spagnolo reviewed the projected timeline and stated the project would commence in about one year; confirmed that the appropriate utility companies would be notified; clarified that the project would be coordinated with the E. Grand Avenue Enhancement Plan project; and addressed measures that would be taken to minimize parking disruptions on E. Grand Avenue. Mayor Ferrara opened the Public Hearing, and upon hearing no pUblic comments, he closed the Public Hearing. Council comments included an emphasis on directing City staff to work closely with the contractor to minimize disruption to business owners during the project. Mayor Pro Tern Dickens moved to adopt a Resolution establishing East Grand Avenue Underground Utility District No.7. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello, Lubin, Runels, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. --.------- CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 4 9.c. Consideration of Appeal of Planned Unit Development 02-001 (East Village Plaza); 520, 522 and 528 E. Branch Street; DB&M Properties. Council Member Runels referred to correspondence delivered to the Council from Richard DeBlauw, representing DB&M Properties, (on file in the Administrative Services Department) and inquired as to whether Mayor Pro Tern Dickens had responded. Mayor Pro Tern Dickens explained that in order to bring the appeal forward, he felt he needed to provide a basis for the appeal. He stated that he would participate in considering the item. Community Development Director Strong presented the staff report and recommended the Council provide direction concerning Planning Commission Conditions of Approval regarding East Village Plaza, Planned Unit Development Case No. 02-001, and direct staff to return with the appropriate resolution. Council questions and concerns were expressed regarding the substantial deviation in architecture as presented in the Alternative Conceptual Design for Buildings 1 & 2; parking requirements; potential impacts to the Level of Service (LOS), potential widening of Highway 227; and whether the Council would be establishing architectural guidelines for the buildings. Mayor Ferrara opened the Public Hearing. Joe Boud, Joseph Boud & Associates, project design architect, gave an overview of the project, explained the concept of the Planned Unit Development design, and responded to the issues and concerns identified by Mayor Pro Tern Dickens. Jim Guthrie, Arroyo Grande resident and Planning Commissioner, stated that the Planning Commission's principal concern was the design of Buildings 1 & 2 and how it tied in with the rest of the Village. He favored the new design of the buildings; suggested that a pedestrian plaza on the west end of BUilding 1 would enhance the pedestrian nature of the project and would provide a tie-in with the Village. He also expressed concerns about parking requirements, providing a transitional zone from the project into residential areas, and requested clarification on how the design would be applied to individual projects and applicants. Mike McConvil, Arroyo Grande, supported the project as originally proposed and addressed the need for parking on the north side between Crown Hill and Crown Terrace. He also suggested a one-way street through the project from the top to the bottom. Susan Flores, Arroyo Grande, stated the project had many positive attributes and spoke in favor of the project's approval. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. ---------- ..- CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 5 Concerns expressed by Mayor Pro Tern Dickens included the original design for Buildings 1 & 2 being too modem in architectural design and lacking in pedestrian orientation along E. Branch Street; predominant focus on office use rather than mixed use to include retail, office, and residential; the mass and scale of the buildings compared to the surrounding residential neighborhood; adequacy of the traffic analysis with regard to the unique peak hour traffic of Paulding Middle School; adequate analysis of on-street parking loss; and detennination of what constitutes substantial deviation from the approved project. Mayor Pro Tem Dickens commented that due to the location of the project in the Village, it was important to review this application at the highest level and his goal was to provide extra input for the project to move forward. He stated that the revised concept architectural drawings for Buildings 1 & 2 submitted by the applicant were much better. He recommended the following: 1) Modify Mitigation #19 to remove #2 regarding Common Parking Facilities Agreements; 2) Change the proposed street name from Sterling Drive to E.C. Loomis Circle; 3) Suggested that the elevator tower be no higher than the highest point of the roof line; and 4) Provide pedestrian access points on the north and south sides of the boardwalk/stairway. Council Member Costello commented on the necessity to widen Highway 227 and re- stripe the road to include on-street parking; favored the change in the architectural design as it breaks up the appearance of the project and continues the theme of the Village; supported more residential units to be built to encourage the mixed use concept; and supported the addition of a plaza at the south-end of the project to stimulate pedestrian access. He referred to Table 3 of the Traffic Impact Study and cautioned that changes to retail use could significantly impact the Level of Service (LOS). Council Member Runels commented that he had no problem with the project as originally proposed. He could support the concept of a one-way internal street within the project; and he commented that with regard to the LOS, a lot of projects outside of the City contribute to the traffic problem. Council Member Lubin stated he liked the revised conceptual plan for Buildings 1 & 2 and commented that it blends with the commercial portion of the Village; however, it did not blend with the residential portion of the Village. He stated he could support the change to Mitigation Measure 19 if limited to the same side of the street; he did not want all projects within the PUD to return to Council; and he commented that the plan already incorporated a one-way street through the project. He stated that although he was supportive of the project, he did not support the appeal. Mayor Ferrara's comments included promoting the use of upper floors as residential; encouraging retail use; commented on traffic generation issues; favored the proposed left turn lane and one way street; favored the alternative architectural design with the reduction in building mass; and cautioned that the design not be interrupted by tenant preference. He stated that the design of Buildings 1 & 2 sets the tone for compatibility on the remainder of the project and that he is confident that staff will apply the Village Guidelines and Standards to ensure architecture that is compatible. He supported the CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 6 appeal, and supported modifying the Planning Commission's decision as follows: 1) Approve the alternative conceptual plan for Buildings 1 & 2; 2) Changing the name of the street to E.C. Loomis Circle; 2) Limiting the height of the elevator tower to the highest roofline; 3) Clarifying language in Mitigation Measure 19 to maintain on-site parking; and 4) Include design for a plaza at the south end of the project and provide pedestrian access at both ends of the walkway. At the request of the applicant, Mayor Ferrara allowed the applicant's representatives to respond to several issues raised by the Council. Mr. Boud, Joseph Boud & Associates, referred to the proposed street name and stated that Sterling was E.C. Loomis' partner and that the name was chosen to provide a sense of history and identity to the project. With regard to the idea for a plaza, he stated a plaza could be created at the bottom of the stailway at Building 1 and the Architectural Review Committee could determine the amenities. Finally, with regard to the elevator tower, he explained that it was designed based on certain code requirements. Steven Pualisi, architect, clarified that the Uniform Building Code and OSHA requirements requires the elevator tower to be a minimum of four (4) feet above the roofline. Richard DeBlauw, DB&M Properties, addressed the street name issue and commented that the Fire Chief encouraged the name of East Village Plaza Circle for identification purposes in an emergency. Mayor Ferrara moved to modify the Planning Commission's decision, and direct staff to prepare the appropriate Resolution for City Council adoption to include the approval of the Alternative Design Concept, encouraging mixed use utilizing residential above office, modify the language in Mitigation Measure 19 so that the 200 foot provision applies to on-site businesses and not off-site businesses, that the elevator tower height remain within the appropriate Code requirements, approval of E.C. Loomis Circle as the proposed street name; and inclusion of a plaza at the south end of the project. Mayor Pro Tem Dickens seconded the motion. City Attorney Carmel inquired whether the motion maker intended to include providing pedestrian access at the north and south side of the walkway. Mayor Ferrara amended his motion to add that provision, as well as adding a provision that the City discourage any deviation on the architecture for Buildings 1 and 2 based on tenant preference. Mayor Pro Tem Dickens seconded the amended motion. Council Member Lubin stated that while he supported the project, he would not support the motion based on the numerous items included in the motion that he felt was an encumbrance on the applicant. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 7 On the following roll call vote, to wit: AYES: Ferrara, Dickens, Costello NOES: Lubin, Runels ABSENT: None There being 3 A YES and 2 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Restricting Parking on Front (Street) Yards. Community Development Director Strong presented the staff report and recommended the Council direct staff to prepare a draft ordinance to amend Municipal Code Section 10.16.010B regarding front (street) yard parking for City Council consideration. Mayor Ferrara opened up the item for public comment. John Keen, Arroyo Grande, urged the Council to go forward with this item. Hearing no further public comments, Mayor Ferrara closed the public comment period and brought the item back to Council for consideration. Council Member Costello moved to direct staff to prepare a draft ordinance to amend Municipal Code Section 10.16.01 OB regarding front (street) yard parking, for City Council consideration. Council Member Lubin seconded the motion, and on the followingroll-call vote, to wit: AYES: Costello, Lubin, Dickens, Ferrara NOES: Runels ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Govemments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). No report. (2) Integrated Waste Management Authority (IWMA). Reported on how the City of Arroyo Grande is doing with regard to the City's performance in recycling and overall disposal of waste. (3) Other. None. ----.-....---- CITY COUNCil MINUTES MARCH 25, 2003 PAGE 8 b. MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalition. Meets Thursday. Noted that a Youth Council is being formed at the County level. (2) South San Luis Obispo County Sanitation District (SSlOCSD). Reported that the plant operations and fund balance is great; reported on issue with County regarding biosolids. (3) Other. None. c. COUNCil MEMBER THOMAS A. RUNElS: (1) Zone 3 Water Advisory Board. Reported that a restroom facility at the Recreation Area Marina burned and was a total loss; 30,000 fish have been planted in the lake; revenue and attendance up 17% over prior year; the Dam remediation project is about 88-89% complete; the water line going to Avila Beach was cleaned; the Water Treatment Plant project is moving ahead; discussed the issue of water fluoridation in the County; the Habitat Conservation Plan is going out for public review; and an update was given regarding the Santa Maria Valley water litigation case. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. d. COUNCil MEMBER SANDY lUBIN: (1) South County Area Transit (SCAT). Reported that Beach Cities Cab is no longer the provider for the senior taxi program and City Manager Adams has negotiated a temporary agreement with the prior taxi provider so there is no interruption of service. The Board will be reviewing the issue at their next meet in April. Another issue to be addressed at the next Executive Committee meeting will be the frequency of meetings. (2) Economic Vitality Corporation (EVC). Reported that the airport extension is a hot topic and the Executive Committee received a presentation by the Airport Manager; received a presentation from Affordable Housing representative; received a report on the Williamson Act proposals by the Governor and the Board took a stand to recommend keeping the Williamson Act in place to continue protection of the agriculture preservation acts within the County; and received a presentation on security at Diablo Canyon by PG&E. (3) Other. None. e. COUNCil MEMBER JOE COSTEllO: (1) Air Pollution Control District (APCD). No report. Meets tomorrow. (2) Other. None. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 9 13. CITY COUNCIL MEMBER ITEMS: a) Request to direct staff to coordinate scheduling a joint meeting on housing elements with the City Councils of Grover Beach and Pismo Beach and San Luis Obispo County Supervisors from the Third and Fourth Districts (FERRARA) Mayor Ferrara requested, and the Council concurred, to direct staff to coordinate scheduling of a joint meeting on housing elements with the City Councils of Grover Beach and Pismo Beach and San Luis Obispo County Supervisors from the Third and Fourth Districts. b) Request for City Council Appeal of Planning Commission Denial of Conditional Use Permit 03-001, Vesting Tentative Parcel Map Case No. 03-001, Planned Sign Program 03-001; Applicant - Santa Lucia Bank; Location 1530 East Grand Avenue (FERRARA) Council Members Lubin and Runels declared conflicts of interest due to financial interests and stepped down from the dais. Mayor Ferrara requested, and Council Member Costello and Mayor Pro Tem Dickens concurred, to appeal the Planning Commission denial of CUP Case No. 03-001, Vesting Tentative Parcel Map Case No. 03-001, and Planned Sign Program 03-001. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara announced he would be attending the League of California Cities Public Safety Policy Committee meeting in Sacramento on Thursday. Council Member Lubin announced that he would be out of town and would not be attending the first Council meeting in May. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: John Keen, Arroyo Grande Planning Commissioner, stated the Planning Commission would like to request direction from the Council regarding undergrounding utilities in non- commercial areas. He explained that there is a continuing problem with the way the ordinance is written that puts an extreme burden on a residential in-fill project. Jim Guthrie, Arroyo Grande Planning Commissioner, echoed Mr. Keen's statements regarding concerns the Planning Commission has regarding the requirements for undergrounding of utilities. CITY COUNCIL MINUTES MARCH 25, 2003 PAGE 10 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:32 p.m. TonY~ ATTEST: t~!U.- re, Director of Administrative Servicesl Deputy City Clerk --