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Minutes 1997-09-09 . 41'0 ~ . - MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 9, 1997. COMMUNITY CENTER AND WOMAN'S CLUB 211 VERNON STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A: K. "Pete" Dougall presiding. 2. AND 3. FLAG SALUTE AND INVOCA TION Dottie Krause of Quota International of Five Cities led the Flag Salute. The Reverend Norman Somes of St. Barnabas Episcopal Church of Arroyo Grande delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tem Michael Lady and Council Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff Members present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, Public Works Director John Wallace, Chief of Police Rick TerBorch, Director of Building and Fire and Interim Parks and Recreation Director Terry Fibich, and Associate Planner Helen Elder. 5. SPECIAL PRESENTATIONS Mayor Dougall read a proclamation on "Constitution Week." It was accepted by Phyllis Mancini. A Letter of Appreciation for leading the Flag Salute was accepted by Ms. Krause, who spoke about the Quota Club. 6. AGENDA REVIEW None. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y It was moved by Lady/Runels and the motion passed unanimously that all resolutions and ordinances presented at the meeting be read in title only and all further reading be waived. IT WAS MOVED BY RUNELSfLADY AND THE MOTION PASSED UNANIMOUSLY TO TAKE UP AGENDA ITEMS 7.B.. 8. AND 9.A. THROUGH 9,J. AT THIS TIME IN THE MEETING BEFORE THE MAIN AGENDA ITEM 7,A. , 411 , CITY COUNCIL MI ;TES SEPTEMBER 9, 1997 7.B. CONTINUED PUBLIC HEARING - JUNIOR LIENHOLDER ACKNOWLEDGEMENT (OAK FOREST APARTMENTS) Community Development Director Liberto-Blanck said staff recommended the City Council continue this item to a date uncertain., She said additional information had been requested of Peoples' Self-Help Housing Corporation and the information had not been received in time for this meeting. 8. PUBLIC COMMENT PERIOD Ernie Sarina, 435 Le Point Street. complained to the Council about several issues, including a culvert in front of his house. He said during rains, his property floods. He distributed a 1988 newspaper clipping on this subject to the Council. 9. CONSENT AGENDA It was moved by Lady/Runels to approve Consent Agenda Items 9.a. through 9.j., with the recommended courses of action. The motion was approved, with Lady, Runels, Tolley, Fuller, and Dougall voting aye on a roll call vote. Council Member Fuller abstained on Item 9.c. 9.a. Cash Disbursement Ratification. Approved. 9.b. Statement of Investment Deposits. Received and Filed. 9.c. Minutes of City Council Meetings of August 26, 1997. Approved as corrected. Council Member Fuller abstained from voting because he was absent from the meeting. 9.d. Rejection of Claim Against City: Shawna L. Holt. Claim Rejected. 9.e. Authorization to Approve Final Payment for Elm Street Rec Center Restroom Project. Payment Authorized. 9.f. Partial Release of Improvement Bonds, Acceptance of Improvements for Parcel Map AG AL 95-078, Farroll Road Group (Morning Rise). Approved. 9.g. Grand Avenue - Halcyon Road to Barnett Street, Project No. 60-70-90-96-7, Progress Payment No.2 to Whitaker Contractors, Inc. Payment Approved, 9.h. Adoption of an ordinance Amending the Development Code to Delete the Requirements of Off-Street Parking in the Village Commercial Zone, and Adoption of a Resolution to Increase the Parking In-Lieu Fee. The Council adopted Ordinance No. 489 C.S. Adopting a Negative Declaration, Instructing the $ City Clerk to File a Notice of Determin~tion and Adopting Development Code ''-i~. Amendment Case No. 97-006. The Council adopted Resolution No. 3251 Setting Forth the Amount of the In-lieu Fee for Off-Street Parking in the Parking and Business Improvement Area of the Village. 2 '412' - CITY COUNCIL MINL ~S SEPTEMBER 9, 1997 9.L Adoption of an Ordinance Amending Portions of Title 9 of the Arroyo Grande Municipal Code. The Council adopted Ordinance No. 490 C.S. Amending Portions of Title 9 of the Arroyo Grande Municipal Code (the Appeal period was changed to ten calendar days). 9.j. Legal Services Agreement, Law Offices of Herman H. Fitzgerald, Special r Counsel for Drainage Project. Approved. 1 f 7,A. CONTINUED PUBLIC HEARING - APPEAL OF COMMUNITY i DEVELOPMENT DIRECTOR'S DETERMINATION THAT A REVISED SITE PLAN CONFORMS WITH THE COUNCIL-APPROVED SITE PLAN (CENTRAL COAST TOWN CENTER - FORMERLY GENCOM'S GRANDE PLAZA): APPELLANTS: TOM AND JANET TALBERT Mayor Dougall said on July 8th the City Council conducted a Public Hearing on an Appeal of the Community Development Directors Determination of Substantial Conformance for Revised Plans for the development of the Central Coast Town Center Project. He said after taking considerable public testimony, the Public Hearing was closed and comments restricted to the Council. He said it was the decision of the Council to postpone any decision on the Appeal until after the Planning Commission provided additional information on four specific topics. He said after several meetings,' which included additional Public Hearings, the Commission had addressed those Council issues and the item was back before the Council for action on the Appeal. Council Member Tolley said he had a potential conflict of interest in this agenda item and left the dais. . Community Development Director Liberto-Blanck said the Planning Commission hearings and all the information it had prepared is contained in the material given to the Council for this meeting. Mayor Pro T em Lady requested a report from Chair of the Planning Commission Sandy Lubin. The City Manager distributed copies of Mr. Lubin's remarks to the Council. Mr. Lubin read a statement from Planning Commissioner Fran Rondeau, who said he was unable to attend the last Commission meeting but agreed with his fellow commissioners and urged the Council to accept their findings and recommendations. Mr. Lubin addressed Council Item NO.1: Based on known tenants, are statements of overriding consideration still valid? He said the Planning ~- Commission found the currently proposed project is a significantly different project overall than was originally evaluated. 3 .--_.. - CITY COUNCIL M~ JTES 413 SEPTEMBER 9, 19~7 Council Item No.2: Based on known tenants, a recalculation of the trip generation numbers and traffic impact fees based on the City's current General Plan Circulation Element. He said conditions, mitigation, and fees originally adopted are not adequate to mitigate the significantly greater impact. ' . .~. Council Item No.3: Consider alternatives to the size and location of the grocery store and clarification of the conformity of the Map Act regarding the Lot Line Adjustment. Regarding the grocery store, Mr. Lubin said new and significant environmental impacts would be created. He said only a complete reconfiguration of the entire project would permit the center to accommodate a grocery store of even a fraction of the size of the facility suggested. He said the only feasible location for a grocery store, which would meet all conditions approved last year, would be the site now designated as Major A-2. Regarding the conformity to the Map Act, Mr. Lubin said the Subdivision Map Act empowers the Council to disapprove a final map. He said the currently proposed site plan is not in substantial compliance with the tentative site map approved by the Planning Commission and City Council in 1996. Council Item No.4: Alternatives to relocating Loading Docks so that they are not that close to residents. Mr. Lubin said the Loading Docks as identified in the current proposal are not properly located so as to meaningfully mitigate the known and significant traffic, noise, pollution, and aesthetic and environmental impact, and to avoid violating the relevant provisions of the City's General Plan and Development Code. Mayor Pro Tern Lady thanked the Planning Commissioners and Tony Ferrara for the time, energy, and effort put forth. Council Member Fuller asked Planning Commissioner Larry Greene if the City's General Plan had been violated. Mr. Greene said the project that is currently proposed does constitute significant and numerous. violations, specifically the Land Use Element. He listed various sections he believed had been violated. Council Member Fuller asked Planning Commissioner Del Haney his opinion of what the actual net retail sales tax benefit to the City for this project would be. Mr. Haney said there is significant risk that after all the benefits and costs are I factored in, there may be no net benefit to the City, or the project may actually cost the City more than the net tax benefit received. , J Mayor Dougall said the Council should return to the matter of the Appeal and decide if it should be upheld or denied. Mayor Pro Tem Lady said the Planning Commission represents the City Council since members were appointed by each Council Member. He said the Council should take the Commission's findings seriously. He made a motion to adopt the 4 "~---,~--,- 414 CITY COUNCIL MINt .:S SEPTEMBER 9,1997 findings and recommendations of the Planning Commission and uphold the Appeal of July 8th to find the proposed project is not in substantial conformance. City Attorney Carmel said the issue before the Council is an Appeal of the Community Development Director's substantial conformance determination. He r said several of the recommendations of the Planning Commission may not be legally relevant to the determination of the Appeal and may raise significant liability issues for the City. He said as a result, staff would recommend that the Council take the Appeal separately from the Planning Commission recommendations and make a separate motion, in this case to uphold the Appeal. He said if that motion succeeds, then Council could direct staff to bring back a resolution supporting that determination, which would include those elements of the Planning Commission's recommendations that are legally relevant to the Appeal, thereby eliminating some of the confusion and liabitity issues to the City. Mayor Pro Tern Lady said he did not wish to change his motion. Council Member Fuller seconded the motion. The motion failed on a tied roll call vote, with Lady and Fulfer voting aye and Runels and Dougall voting no. City Attorney Carmel said a two to two tie vote on the motion failed to uphold the Appeal and rendered final the determination of the Community Development Director. Mayor Pro Tem Lady questioned if, on a two to two tie vote, the matter should revert back to the Planning Commission. City Attorney Carmel said in this case the Community Development Director's determination was germane and final. He said the Planning Commission was asked to make recommendations and to file information with respect to specific items. He said, under the City's Code and under the current situation, that would not be correct. Mayor Pro Tern Lady moved that, based on the Planning Commission's evaluation of the July 8, 1997 motion by the City Council, the Council adopt the findings and recommendation of the Commission as presented that evening. Council Member Fuller seconded the motion. The motion failed on a two to two tie roll call vote, with Lady and Fuller voting aye and Runels and Dougall voting ( , no. i I Mayor Pro Tern Lady moved that, based on the Planning Commission's ! , evaluation of the proposed project, the Council uphold the appeal and find the \. ....v project is not in substantial conformance. Council Member Fuller seconded the motion. The motion failed on a two to two tie roll calf vote, with Lady and Fuller voting aye and Runels and Dougall voting no. 5 , . ~ 415 CITY COUNCil Mt 'TES SEPTEMBER 9, 1997 Mayor pro Tern Lady moved that the Council require the Conditions of the original Environmental Impact Report be met for any project built on this site, specifically substantial evidence that the development will generate the said $300,000 to $400,000 net retail sales and substantial evidence that the project- related traffic will not exceed the 15,601 trips per day generated. "i 1 Mayor Dougall asked if the motion was relevant and Mr. Cannel said no. t I , j Council Member Fuller seconded the motion. The motion failed on a two to two tie roll call vote, with Lady and Fuller voting aye and Runels and Dougall voting no. Mayor Pro T em Lady moved that the Council require a Supplemental Environmental Impact Report focusing on traffic, noise, pollution impacts and an updated economic study based on the new information brought forth in the proposed project in accordance with any information found with the Planning Commission. Council Member Fuller seconded the motion. The motion failed on a two to two tie roll call vote, with Lady and Fuller voting aye and Runels and Dougall voting no. MAYOR DOUGALL CALLED A TEN-MINUTE RECESS AT 8:32 P,M, COUNCIL MEMBER TOLLEY RETURNED TO THE DAIS 10, CONTINUED BUSINESS None. 11, NEW BUSINESS None. 12.COUNCIL COMMUNICATIONS Council Member Tolley asked that the joint City Council/Planning Commission meeting on the General Plan Update be held at 6:30 p.m. October 1 st instead of September 30 and there was consensus to do so, Council Member Fuller asked about the status of the proposed park in the Rancho Grande Subdivision and City Manager Hunt said other matters had J impacted the scheduling of this issue and staff would place the matter on the October 28th Council agenda. Mr. Hunt said the cloud of retroactivity will be removed if the Governor signs AS 1362. He said the City still will have to place the Utility Users Tax on the November, 1998 ballot. 6 416' . . CITY COUNCIL MINt .:S SEPTEMBER 9, 1997 It was moved by Fuller/Lady and the motion passed unanimously to adjourn the meeting at 8: r t lltl~a.~ NANCY A. :A VIS, CITY CLERK I i ! { \ 1 \':':10' 7