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Minutes 2006-05-23 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, MAY 23,2006 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:07 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tem Jim Guthrie, and Mayor/Chair Tony Ferrara were present. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works/City Engineer Don Spagnolo, and Director of Community Development Rob Strong. 3. FLAG SALUTE Members of Boy Scout Pack 425 Den 2 Bears led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh Day Adventist Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Proclaiming May 21-27, 2006 as "National Public Works Week". Mayor Ferrara presented an Honorary Proclamation proclaiming May 21-27, 2006 as National Public Works Week. Director of Public Works/City Engineer Spagnolo accepted the Proclamation. 5.b. Honorary Commendation Recognizing the Tree Guild of Arroyo Grande. Mayor Ferrara presented an Honorary Proclamation recognizing the Tree Guild of Arroyo Grande for their volunteerism and contribution in the April 29th tree planting on Traffic Way. Kristen Barneich, Scott Dowlan, and Gary Scherquist, representing the Tree Guild, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only Council Member Dickens moved, Council Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS Gail Liqhtfoot, Arroyo Grande, announced a television show to be shown on public access channel 2 on Thursday, May 25th, Saturday, May 27'h, and Monday, May 29th regarding Flood Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 2 Zone 1/1A and encouraged the Council and members of the public to learn more about Zone 1/1 A issues. Colleen Martin, Arroyo Grande, representing the Mike Titus Memorial Committee, read from a prepared statement which stated that last Tuesday she had tried twice to file a formal appeal to the Planning Commission of a staff decision as provided for in the Development Code; however, staff did not accept the appeal application, fee, and addendum. She said the City Manager and City Attorney had advised her that the process of a citizen's appeal to a citizen board was unheard of and there was no precedence for the appeal. She requested the Council accept the appeal application and fee, read an excerpt from the City's Development Code, and stated the Committee wished to file an objection to the decision by the City Manager to deny the filing of the formal appeal. Lynn Titus, Arroyo Grande, stated she was not here to discuss the substance of the Committee's appeal to the Planning; however, she requested the right of a formal appeal by citizens be placed on the Agenda so this issue can be discussed and clarified. In response to public comments, Mayor Ferrara directed the City Manager to schedule a meeting with the members of the Mike Titus Memorial Committee. a. CONSENT AGENDA Mayor Ferrara invited any member of the public who wished to comment on any Consent Agenda item to do so at this time. There were no public comments received. Council Member Costello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Costello, Arnold, Dickens Arnold, Guthrie, Ferrara None None a.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period May 1, 2006 through May 15, 2006. a.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of April 30, 2006. a.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of April 25, 2006, as submitted. a.d. Consideration of Annual Agreement with the San Luis Obispo County Visitors & Conference Bureau. Action: Approved and authorized the Mayor to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (SLOCVCB). 8.e. Consideration of Public Art Donation Program. Action: Approved the proposed Public Art Donation Program. 8.f. Consideration of a Resolution Establishing a Job Description for the Civil Engineer Job Series. Action: Adopted Resolution NO.3919 establishing a job description for the Civil Engineer job series. Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 3 8.g. Consideration of Approval of Land Lease Agreement with New Cingular Wireless PCS, LLC dba Cingular Wireless. Action: Approved and authorized the Mayor to execute a Land Lease Agreement between the City and New Cingular Wireless PCS, LLC, dba Cingular Wireless, for use of approximately three hundred twenty (320) square feet of property located at 1221 Ash Street, Arroyo Grande, California (Soto Sports Complex). 9. PUBLIC HEARINGS 9.a. Consideration of Conditional Use Permit Case No. 06-001 and Administrative Sign Program Case No. 06-001 to Construct a 4,375 Square Foot Single Story Building for a Financial Institution Located at 1570 W. Branch Street in the Oak Park Plaza; Applied for by Coast Hills Federal Credit Union. Community Development Director Strong presented the staff report and stated the Planning Commission recommends the City Council adopt a Resolution approving Conditional Use Permit Case No. 06-001 and Administrative Sign Program Case No. 06-001. Staff responded to questions from Council, including confirmation that the eight additional recommendations made by the Planning Commission were incorporated into the project; clarification regarding security lighting located near the ATM machine versus illuminated signage on the building; clarification regarding the location of the ATM machine; and clarification regarding the hours of operation for construction activities. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter, and upon hearing none he closed the public hearing. Council comments included support for the project; that a financial use was appropriate for this location; support for the conditions added by the Planning Commission; some concern regarding the potential negative impact to the adjacent restaurant parking; and that the proposed bank will provide the best fit with existing uses in the Center. Further discussion ensued regarding the hours of operation allowed for construction and that there were some inconsistencies in the conditions in the Resolution regarding hours of construction operation. Following discussion, it was agreed that hours of construction should be from 7:00 a.m. to 5:00 p.m. and the conditions were modified to reflect those hours. City Attorney Carmel identified the corrected conditions. Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 06..()01 AND ADMINISTRATIVE SIGN PROGRAM CASE NO. 06-001 TO CONSTRUCT A 4,375 SQUARE FOOT SINGLE STORY BUILDING FOR A FINANCIAL INSTITUTION LOCATED AT 1570 W. BRANCH STREET IN THE OAK PARK PLAZA; APPLIED FOR BY COAST HILLS FEDERAL CREDIT UNION", as amended, to establish the hours of construction from 7:00 a.m. to 5:00 p.m. Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 4 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Fiscal Year 2005-06 Third Quarter Budget Report [CC/RDA]. Director of Financial Services Kraetsch presented the staff report and recommended the Council/Redevelopment Agency Board of Directors: 1) Approve detailed budget adjustments listed in the 3rd Quarter budget report; 2) Approve Schedule A & B; 3) Approve (Deny) requests for additional appropriations in the General Fund as detailed. Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council/Board Member Costello moved to 1) Approve detailed budget adjustments listed in the 3rd Quarter budget report; 2) Approve Schedule A & B; and 3) Approve requests for additional appropriations in the General Fund as detailed. Council/Board Member Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Arnold, Dickens, Guthrie, Ferrara None None 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of GovernmentslSan Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Attended the Executive Committee meeting; the California Transportation Commission (CTC) approved the major projects submitted for funding with the exception of Willow Road; reported on difficulty with CTC on timeframes for design issues related to the Highway 41/101 interchange project in Atascadero. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that the chlorinator project won the Public Works Project of the Year Award for San Luis Obispo,County; Board voted and unanimously approved a Prop 218 ballot measure to allow the Sanitation District to be assessed. (3) Other. None. b. MAYOR PRO TEM JIM GUTHRIE: (1) Economic Vitality Corporation (EVC). None; haven't met since the last report. Noted that a Board retreat is scheduled for June 9th to look at establishing a direction for the EVC. (2) Other. None. c. COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT). No report. (2) South County Youth Coalition. No report. (3) Other. None. Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 5 COUNCil MEMBER JOE COSTEllO: (1) Zone 3 Water Advisory Board. Reported that expenditures are on target; reported that Lopez Lake is at 90% capacity. (2) Air Pollution Control District (APCD). No report. (3) Fire Oversight Committee. No report. (4) Fire Consolidation Oversight Committee. Met to discuss potential for equipment sharing and to explore any additional joint purchasing opportunities. (5) Other. None. e. COUNCil MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Reported that a model ordinance for battery and fluorescent tube recycling is being planned for circulation to cities for review; however, there may be some delay due to concerns from the State about battery recycling. Also announced that new recyclable boxes are available. Staff was requested to contact the Village Association to ensure that they provide sufficient recycling containers at the Strawberry Festival. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) County Water Resources Advisory Committee (WRAC). Received presentation from the Central Coast Regional Water Quality Board regarding low impact development as it relates to groundwater absorption rate; there is pending legislation regarding this issue; will keep staff informed. (4) Other. None. d. , 13. CITY COUNCil MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. 15. COUNCil COMMUNICATIONS: Council Member Arnold requested follow-up from staff regarding public comment concerning the Development Code appeal process. Mayor Ferrara requested that a meeting be scheduled for him and one other Council Member with the Mike Titus Memorial Committee in response to their request. Council Member Arnold offered to attend that meeting. 16. STAFF COMMUNICATIONS: City Manager Adams announced there would be a Town Hall Meeting on Thursday, April 27'" at 6:00 p.m. in the Council Chambers regarding City funding needs and a potential sales tax measure. 17. COMMUNITY COMMENTS AND SUGGESTIONS: Nancy Castle, AGP Video, announced there would be a special meeting on May 31'1 at 6:00 p.m. in the Council Chambers about Arroyo Grande Creek and it would be videotaped and shown on Channel 20. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:05 p.m. Minutes: City Council/Redevelopment Agency Meeting Tuesday, May 23, 2006 Page 6 (~~ Tonyrerrar or/Chair ATTEST: Kelly Wet ore, ity Clerk/Agency Secretary (Approved at CC Mtg & - / 3 - 2.00(, )