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Minutes 2004-11-09 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 9, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:03 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Costello and Mayor Ferrara were present. Mayor Pro T em Lubin was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Chief of Police TerBorch, Interim Director of Financial Services O'Reilly, Community Development Director Strong, and Associate Planner Heffemon. 3. FLAG SALUTE Jack Gatz, representing the Arroyo Grande Lions Club, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, 'Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Presentation of Mayor's Commendation to the Church of Jesus Christ of Latter-day Saints Mayor Ferrara presented a Mayor's Commendation to the Church of Jesus Christ of Latter-day Saints recognizing approximately 50 members of the Church who participated in various maintenance projects at Rancho Grande Park as part of National Make A Difference Day. Steve Southwick and members of the Church of Jesus Christ of Latter-day Saints accepted the Commendation. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Title Only. Council Member Costello 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. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. 8. CONSENT AGENDA Council Member Runels requested that Item 8.e. be pulled. Council Member Runels moved, and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.d., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.b. for the record. The motion carried on the following roll-call vote: -- CITY COUNCIL MINUTeS NOVEMBER 9, 2004 PAGE 2 AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16, 2004 through October 31, 2004. 8.b. Consideration of Adoption of Ordinance Modifying the California Public Employees' Retirement System (CaIPERS) Contract. Action: Adopted Ordinance No. 558 amending the contract with CalPERS (adding Pre- Retirement Optional Settlement 2 Death Benefit for local miscellaneous members). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of October 26, 2004 as submitted. 8.d. Consideration of Approval of First Amendment to Employment Agreement - City Manager. Action: Approved First Amendment to Employment Agreement - City Manager. 8.e. Consideration of a Resolution Granting a One-Year Time Extension for Amended Conditional Use Permit 02-003; 10S-Unlt Senior Housing Complex; Courtland Street and East Grand Avenue. Action: Adopt Resolution approving a one-year time extension for Amended Conditional Use Permit 02-003, authorizing construction of a 10S-unit senior housing complex at Courtland Street and East Grand Avenue. Council Member Runels noted that the proposed request was for a one-year time extension and inquired about the nature of the project's delay. City Manager Adams acknowledged that the project developer had submitted a number of State funding applications for the project. He reported that the developer was in the process of closing on final financial documents and would be pulling building permits to begin construction of the project within the next couple of days. Council Member Runels moved to approve a one-year time extension for Amended Conditional Use Permit 02-003, authorizing construction of a 108-unit senior housing complex at Courtland Street and East Grand Avenue. Council Member Dickens seconded the motion, and the motion carried on the following roll call vote: AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin 9. PUBLIC HEARINGS 9.a. Consideration of an Appeal of Planning Commission Denial of Variance 04-003 and Lot Line Adjustment 04-002; 268 West Branch Street (007-185-061; 007-185-(62). --~---"..-.- ------- --- CITY COUNCIL MINUTES NOVEMBER 9, 2004 PAGE 3 Community Development Director Strong gave a brief overview of the appeal and stated that he had received a letter earlier in the day from the attorney representing the applicant. The letter requested that the item be referred back to the Planning Commission as a result of changes in the project. He indicated the Council could hear the matter, deny the appeal without prejudice or refer it back to the Planning Commission. Mayor Ferrara opened the public hearing. John Belsher, an attorney representing the appellant, indicated that changes to the project had been made and that the appellant would like the project referred back to the Planning Commission. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello moved to refer the project back to the Planning Commission. Council Member Runels seconded the motion, and on the following roll call vote: AYES: Costello, Runels, Dickens, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of Amended Conditional Use Permit Case No. 04-003; Revision to Exterior Elevations of Approved Conditional Use Permit Case No. 02-009; 1570 West Branch Street (Oak Park Plaza); The Parable Group. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving Amended Conditional Use Permit Case No. 04-003. Staff responded to questions from Council regarding approval of the landscape plan, the proposed hours of operation for the coffee shop, and parking. Mayor Ferrara opened the public hearing. Kim Hatch, Pultz & Associates, spoke on behalf of the applicant. He noted that the cost of construction has been the cause for delay of the project, primarily with regard to the price of steel increasing by 50%. He stated that he redesigned the exterior of the project, which will meet his client's budget for today's market. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello stated he had no issues with the proposed changes and generally supported the project; however, he expressed concerns about the parking. Council Member Dickens stated he had no problems with the proposed amendments. He stated he was pleased with the original design; however, the architecture in the amended design is good. He acknowledged that the parking and traffic had been previously reviewed and he felt comfortable that this would be a positive addition to the Center. He supported the project. --~--- CITY COUNCIL MINUTES NOVEMBER 9, 2004 PAGE 4 Council Member Runels agreed that the project was a good fit for the area and it would bring business to the existing shopping center. Mayor Ferrara stated he had no issues with the proposed changes; it was a better fit within the existing center, and he was pleased to see new development in this center. He liked the addition of the coffee shop and commented that the current parking is concentrated on the south side of the center and that a pattern would develop once this store opened. He supported the project. Council Member Dickens moved to adopt a Resolution approving Amended Conditional Use Permit Case No. 04-003, located at 1570 West Branch Street, Applied for by the Parable Group. Council Member Runels seconded the motion, and on the following roll call vote: AYES: Dickens, Runels, Costello, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.c. Consideration of Proposed Ordinance Adding Section 10.08.060 to Chapter 10.08 of Title 10 of the Arroyo Grande Municipal Code Entitled "Prohibition of Solicitation at Entrances to Commercial Parking Areas and Upon Right of Way Areas". Chief of Police T erBorch presented the staff report and recommended the Council introduce an Ordinance adding Section 10.08.060 to Chapter 10.08 of Title 10 of the Arroyo Grande Municipal Code which, in order to promote the safe and orderly flow of traffic, will prohibit the solicitation or begging for monies, goods or services within 150 feet of an entrance or driveway to any commercial or shopping center; within 150 feet of any intersection within the City; or while on any roadway within the City. Mayor Ferrara opened the public hearing. Albert EDstein, Arroyo Grande, inquired about the definition of the word "solicitation" and also asked if the proposed ordinance would apply to those who sell flower bunches on street corners. Chief TerBorch responded and stated the ordinance would apply under those circumstances. Hearing no further public comments, Mayor Ferrara closed the public hearing. Following Council comments in support of the proposed ordinance, Council Member Costello moved to introduce an ordinance as follows: "An Ordinance of the City Council of the City of Arroyo Grande adding Section 10.08.060 to Chapter 10.08 of Title 10 of the Arroyo Grande Municipal Code entitled Prohibition of Solicitation at Entrances to Commercial Parking Areas and Upon Public Right of Way Areas. Council Member Dickens seconded the motion, and on the following roll call vote: AYES: Costello, Dickens, Runels, Ferrara NOES: None ABSENT: Lubin ---.._------- ----- CITY COUNCIL MINUTES NOVEMBER 9, 2004 PAGE 5 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Fiscal Year 2004-05 First Quarter Budget Status Report. Interim Director of Financial Services O'Reilly presented the staff report and recommended the Council: 1) Approve carryover appropriations as detailed in Schedule B; 2) Approve detailed budget adjustments and recommendations as shown in Schedule B; and 3) Approve Schedules A through E included in the First Quarter Status Report. Mayor Ferrara invited public comments on this item. No public comments were received. Council Member Runels moved to 1) Approve carryover appropriations as detailed in Schedule B; 2) Approve detailed budget adjustments and recommendations as shown in Schedule B; and 3) Approve Schedules A through E included in the First Quarter Status Report. Council Member Costello seconded the motion, and on the following roll call vote: AYES: Runels, Costello, Dickens, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS Mayor Ferrara requested that staff schedule a future City Council item to revisit the City's recycling ordinance as it pertains to business establishments. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS: None. 17. ADJOURNMENT Mayor Ferrara adjoined the meeting at 8:09 p.m. --.- -~-------- CITY COUNCIL MINUTES NOVEMBER 9, 2004 PAGE 6 ~~~/ Tony M. Fer , yor ATTEST: Ml/tuoM- Kelly tm re, Director of Administrative Services! Deputy City Clerk (Approved at CC Mtg 1/-.23 -01 ) , --~-~-