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Minutes 2006-06-13 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JUNE 13, 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 7:03 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro TemNice Chair Jim Guthrie and Mayor/Chair Tony Ferrara were present. City Staff Present: Acting City Manager/City Clerk Kelly Wetmore, City Attorney Tim Carmel, Director of Financial Services Angela Kraetsch, Police Commander Steve Andrews, Director of Public Works/City Engineer Don Spagnolo, Director of Community Development Rob Strong, Human Resources Manager Karen Sisko, and Assistant Planner Ryan Foster. 3. FLAG SALUTE Members of Girl Scouts of Tres Candados Cadet Troop 829 led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. San Luis Obispo County Housing Trust Fund Presentation by Jerry Rioux, Executive Director Jerry Rioux, Executive Director, San Luis Obispo County Housing Trust Fund, gave a PowerPoint presentation (on file in the Administrative Services Department) concerning the housing crisis, the lack of affordable housing in San Luis Obispo County and strategies to improve the situation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello, Council Member Arnold 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 Paul Humphries, Arroyo Grande, spoke in support of the South County VCA Animal Hospital project. 8. CONSENT AGENDA Mayor/Chair Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments. Council/Board Member Guthrie requested that Item 8.1. be pulled for a separate roll-call vote. Minutes: City CounciURedeve/opment Agency Meeting Tuesday, June 13, 2006 Page 2 Council/Board Member Arnold moved, and Council/Board Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Item 8.i., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Costello, Dickens, Guthrie, Ferrara None None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period May 16, 2006 through May 31,2006. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of May 9, 2006; the Special City Council Meeting of May 23, 2006; and the Regular City Council/Redevelopment Agency Meeting of May 23, 2006, as submitted. 8.c. Consideration of Fiscal Year 2006-07 Appropriation Limit. Action: Adopted Resolution No. 3922 establishing the appropriation limit from tax proceeds for Fiscal Year 2006-07. 8.d. Consideration of Confirmation of Assessments. Action: 1) Adopted Resolution No. 3923 confirming landscaping assessments of forty dollars ($40) for all parcels within Tract 1158; and 2) Adopted Resolution No. 3924 confirming landscaping and lighting assessments of one hundred dollars ($100) for all parcels within Tract 1769. 8.e. Consideration of Resolutions for the 2006 General Municipal Election for the Election of Certain Officers of the City. Action: 1) Adopted Resolution No. 3925 calling and giving notice of the holding of a General Municipal Election to be held in the City on Tuesday, November 7, 2006, for the election of certain officers of the City; 2) Adopted Resolution No. 3926 requesting the Board of Supervisors of the County of San Luis Obispo to consolidate a General Municipal Election to be held on November 7, 2006, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code; and 3) Adopted Resolution No. 3927 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an Election to be held on Tuesday, November 7, 2006 8.f. Consideration of Resolution Modifying the Compensation for Volunteer Firefighters. Action: Adopted Resolution No. 3928 modifying the compensation for Volunteer Firefighters. 8.g. Consideration of Salary Adjustments for Management Employees. Action: Adopted Resolution No. 3929 approving salary adjustments for management employees for FY 2006-07. 8.h. Consideration of Purchase of Property at 210 Le Point Street. [CC/RDA] Action: 1) The City Council adopted Resolution No. 3930 approving and authorizing the Mayor to execute a vacant land purchase agreement and joint escrow instructions for the City's acquisition of the vacant lot at 210 Le Point Street (APN 007-192-038), authorizing the Mayor or City Manager to execute a Certificate of Acceptance consenting to the recordation of the Grant Deed, consenting to the funding of a portion of the acquisition costs by the Minutes: City Council/Redevelopment Agency Meeting Tuesday, June 13, 2006 Page 3 Arroyo Grande Redevelopment Agency, and approving a financing agreement between the City and Redevelopment Agency; 2) The Redevelopment Agency Board of Directors adopted Resolution No. RDA 06-01 approving the Agency's payment for a portion of the costs of the property acquisition and the financing agreement between the Agency and City; and 3) The City Council appropriated $72,000 from the Downtown Parking Fund and $1,080,000 from the Redevelopment Agency Budget for property acquisition plus escrow and closing costs. 8.j. Consideration of Funding to Remove Hazardous Trees. Action: 1) Approved funding to remove four hazardous trees adjacent to Arroyo Grande Creek in the vicinity of Miner's Hardware store on Traffic Way; and 2) Appropriated $6,500 from the General Fund. 8.i. Consideration of Adoption of Resolution to Deny, Without Prejudice, the Appeal of Plot Plan Review 05-027 and Viewshed Review 05-020, Applied for by Pace Brothers Construction of a Two-5tory Single Family Residence Located at 123 Whiteley. Council Member Dickens moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Denying Without Prejudice the Appeal of Plot Plan Review Case No. 05-027 and Viewshed Review Case No. 05-020; Applied for by Pace Brother's Construction; Located at 123 Whiteley Street". Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Costello, Dickens, Ferrara Guthrie None 9. PUBLIC HEARINGS 9.a. Consideration of Appeal of Planning Commission's Interpretation and Denial of Viewshed Review 05-021; 1238 Montego Street. Community Development Director Strong presented the staff report and requested the Council accept the request from the appellant to withdraw the appeal. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter, and hearing none, he closed the public hearing. Council Member Dickens moved to accept the request from the appellant to withdraw the appeal. Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Dickens, Arnold, Costello, Guthrie, Ferrara None None Minutes: City CounciURedeve/opment Agency Meeting Tuesday, June 13, 2006 Page 4 9.b. Consideration of Appeal of Planning Commission's Denial of Conditional Use Permit Case No. 06-002; 270 N. Halcyon Road. Assistant Planner Foster presented the staff report and stated the Planning Commission recommended the Council adopt a Resolution denying the appeal and upholding the Planning Commission's denial of Conditional Use Permit 06-002 for demolition of an existing veterinary clinic and construction of a new two-story veterinary clinic. Council questions and discussion ensued regarding access to the site; off-street and shared parking; and future widening of N. Halcyon Road as it relates to the setbacks and placement of the proposed building and landscaping. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Eugene Sim, SIM Architects, Inc., representing the appellant, introduced Joseph ECheverri, who gave a presentation summarizing key changes to the proposed project, including movement of the building three (3) feet to the north to accommodate a proposed new landscape buffer; a buffer between the subject parcel and the Police Station to include 5 new trees and a vertical "Green screen" fence; a reduction in the paving area by 375 s.f. to allow more landscaping along Halcyon Road; and further development of the north end of the site to provide quasi-public open space; and an increase in the number of trees on the site from 12 to 21. He reviewed building and site considerations as they relate to height and density, adequate buffering, and building architecture. He displayed a photo of the current building and then displayed conceptual renderings of the project. Ross Wells, landscape architect, representing the appellant, reviewed the landscape plan for the proposed project. Joseph Echeverri, architect, then reviewed proposed parking mitigation and explained that a shared parking agreement had been secured with the First United Methodist Church to allow use of its parking lot during construction. Eugene Sim, architect, referred to a three-dimensional model and color board for the proposed project. The following members of the public spoke in favor of the appeal and in favor of the proposed project: Dr. Ken Levine Karen Bishop Jan Dryer Martha Boshiano Trish Curtis Christine Klopfer Lynn Ericson Rebecca Fay Eileen Machengetzof Elaine Anthony Minutes: City Council/Redevelopment Agency Meeting Tuesday, June 13, 2006 Page 5 Jeanne Nix Fran Hendrikson Rianna Ccix Byron Thinger Teresa Hurliman Charles Getzhof The following members of the public spoke in support of the Planning Commission's action to deny the project and encouraged a redesign of the project or movement of the building in an effort to save the existing trees: Kristen Barneich, co-chair of the Tree Guild of Arroyo Grande Gary Scherquist, member of the Architectural Review Committee and co-chair of the Tree Guild of Arroyo Grande When no other members of the public came forward, Mayor Ferrara closed the public hearing. Council Member Arnold provided the following comments: - Agreed that the VCA Animal Hospital is a good corporate citizen; Questioned whether or not the project could be completed with preservation of the trees; Noted that the Council had previously discussed at length saving the trees and had appropriated funds to maintain the trees; Asked how far the building could be moved to save the trees; Noted he would be willing to review an exception to the parking standard; Acknowledged there was a fair amount of available off-street parking; Noted that it appeared that the building could be moved in order to save the trees; Does not see Halcyon access as a necessity, but would defer that determination to a traffic engineer; Expressed concern that when Halcyon is widened in the future, it could be difficult to enter and exit the site; Favored VCA constructing a new building; however, believes there are alternatives to what is being proposed; Supported upholding the Planning Commission's action. In response to a question by Council Member Costello regarding how practical it is to move the building, Mr. Echavarri noted that two to three parking spaces would be lost and expressed concerns about access and turn-around movements within the site. Mr. Wes Conner, consulting arborist, noted that if the project is a two-story building, it could require location of the building 25-30 feet away from the trees. In response to a question by Council Member Costello regarding the useful life of the existing trees, Mr. Conner responded that no data was available; however, he felt the trees were reaching their maturity. Council Member Costello provided the following comments: - Noted that the adjacent Police Department modular office project had put the trees in jeopardy and damaged the roots; Minutes: City CounciURedeve/opment Agency Meeting Tuesday, June 13, 2006 Page 6 - Stated it appeared it was not practical to move the building without sacrificing a lot of the parking area; - Favored proposed access to the project to enter at Halcyon and exit at Rena; - Indicated it appeared that the existing trees are nearing maturity; - Did not see that removal of the trees would affect a visually accessible scenic resource; - Did not find that the placement of the building and the project as proposed with replacement of trees would compromise General Plan Policy LU-11 ; - Believed the applicant has done an adequate job of screening the building with new trees and providing a streetscape on both Halcyon and Rena; - Stated he could make the findings for approval of the Conditional Use Permi! and could uphold the appeal. Council Member Dickens provided the following comments: - Asked staff to explain the Arroyo Grande plan line as it relates to the future widening of N. Halcyon Road; Asked if staff had reviewed any of the modifications to the project that the applicant had presented tonight; Acknowledged that the services that VCA provides to the community and animals are important and that the existing facility has been outgrown; Compared the current building design with the proposed design and stated that the proposed project appears to be a larger concrete box; Noted that the project had changed since the Planning Commission meeting and there had been no time to adequately review those changes prior to the meeting; Expressed concern that the proposed new street trees would be located in an area where they would be removed when N. Halcyon is widened; Could not support a modified plan which had not been reviewed; however, he did not want to approve or deny the appeal at this time; Acknowledged unusual shape of site; Would support continuing the item and sending the entire project back through the Architectural Review process, and having the Planning Commission review it again. Mayor Pro Tem Guthrie provided the following comments: - Agreed with Council Member Costello's comments regarding the ability to make the findings for approving the Conditional Use Permit; Shared concerns regarding trees having to be removed for future widening of Halcyon Road; Agreed that opening up of the planting area between the Police Department and the back of the proposed building is key to making the rest of the landscape work; Supported sending the project back to the Architectural Review Committee for review of the landscape plan; Acknowledged he voted to protect the trees when reviewing the Police Department modular office project; . Did not think saving the trees justified relocation of the building since they are not as significant a resource to protect as Oak trees; Could support upholding the appeal or a continuance; Minutes: City CounciVRedeve/opment Agency Meeting Tuesday, June 13, 2006 Page 7 Mayor Ferrara provided the following comments: - Emphasized that the Council did not speak against expansion of the Animal Hospital or the services that the Animal Hospital provides; Underscored that both animals and trees are important to the community and one should not have to be sacrificed for the other; Acknowledged the effort and importance of City's Tree City USA status; Felt a balance had not been reached on this project; Noted that there is new technology available for alternative foundations; Referred to soil conditions and noted that the trees had held up during a major earthquake; Acknowledged the measures that have been taken recently to maintain the trees; Expressed concern regarding lack of proposed elevations, material and color boards; Supported expansion of the VCA Animal Hospital; Supported the VCA Animal Hospital staying on the current site; Supported adjusting the parking requirements as necessary; Challenged the designers to review alternatives to achieve better balance; Suggested the applicant provide a dimensional model with color; Suggested softening the appearance of the building; Supported a continuance to allow for further review. Following brief discussion, Mayor Pro Tem Guthrie moved to delay a decision and continue the item to a date uncertain until the Architectural Review Committee (ARC) has reviewed the final site and landscaping plans and then return the project to the Council for a final decision. It was further moved to direct the ARC to review alternative foundations; alternatives to save the trees; potential parking reductions; final location of street trees as it relates to future widening of N. Halcyon Road; fayade of building; parking; and multiple access. Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Costello, Ferrara None None 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Temporary Use Permit No. 06-009 to Authorize the Use of City Property, Close City Streets, and Waive a Portion of Public Works and Police Service Fees for the Annual Arroyo Valley People's Choice Cruise Night on July 28, 2006 and Car Sho on July 28 and 29, 2006. Director of Community Development Strong presented the staff report and recommended the Council consider the request from the Arroyo Valley Car Club and adopt a Resolution authorizing the use of City property, closure of City streets, and waiver of a portion of public works and police Minutes: City Council/Redevelopment Agency Meeting Tuesday, June 13, 2006 Page 8 service fees for the Annual Arroyo Valley People's Choice Car Cruise and Car Sho on July 28 and 29, 2006. Commander Andrews responded to questions from Council regarding estimated costs for police and public works services during the event, whether other road segments were considered, how RV traffic would be diverted, and whether freeway signage was considered. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Linda Aiello-Madison, Secretary for Arroyo Valley Car Club, spoke in favor of the event and explained where signs would be placed for street closures and detours; noted that the Club elected to move the cruise from Grover Beach to Arroyo Grande, noted there was a lack of support form the Grover Beach Police Department for the car cruise; explained that merchants in the area were notified of the car cruise and were generally supportive. She noted that the Car Club is a non-profit club and the money from the event goes back into the community. She noted that the Club would provide traffic monitors at the beginning and end of the cruise and noted that Police Department presence was desired to help ensure the peace and safety to facilitate this as a family event. Extensive discussion ensued concerning traffic detours and alternate routes. Frank Sullivan, Vice President of the Arroyo Valley Car Club, spoke in favor of the event. Steve Ross, representing the Chamber of Commerce, stated the Chamber Board had discussed the event and feedback was favorable. He noted that he had participated in cruise night previously when held in Grover Beach and he supported the concept. Nancy Castle, AGP Video, referred to the car show held in Morro Bay and noted that local residents that were interested in the event attended, and those that were not stayed away. She stated that some business dropped during the event; however, the days following the event showed an increase in business. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments included acknowledgement that this was a first time event for Arroyo Grande and would be a big event; acknowledgement that a lot of thought and detail had gone into the planning for the event; some concern about traffic impacts to the residential areas; that it needs to be promoted as a family event; acknowledgement of the past success of the car show event; acknowledgement that if the event is publicized well, local traffic will know to avoid the area; a suggestion to include Halcyon and Oak Park as alternate detour routes; concern about diverting traffic down Alder Street and Courtland Street; and a suggestion to provide traffic control on Courtland to push traffic through between the stop signs. City Attorney Carmel recommended a modification to Condition of Approval #22 to require $2 million in automobile and general liability insurance policies, subject to the approval of the City Attorney. He also recommended adding a general indemnity clause as Condition of Approval #23 as follows: "To the full extent permitted by law, the applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its employees, agents and officials, from any liability, claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of, or Minutes: City Council/Redevelopment Agency Meeting Tuesday, June 13, 2006 Page 9 arising out of or in any way attributable in whole or in part to this permit." Council Member Arnold moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Approving Temporary Use Permit 06-009; Authorizing the Closure of City Streets, the Use of City Property, and a Partial Waiver of Public Works and Police Service Fees for the Arroyo Valley People's Choice Car Sho And Cruise Event To Be Held Friday, July 28 and Saturday, July 29,2006", as modified to add Halcyon Road and Fair Oaks Avenue as detour routes, to amend Condition of Approval #22 to increase the required automobile and general liability insurance policy to $2 million subject to City Attorney approval, and to add a general indemnity clause as stated by the City Attorney as Condition of Approval #23. Council Member Dickens seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None 12. CITY COUNCIL MEMBER ITEMS a) Appeal process and public participation (FERRARA) Mayor Ferrara noted that he had met with members of the Mike Titus Memorial Committee and invited Mr. Turner to address the Council. Larry Turner distributed correspondence to the Council and read it into the record (on file in the Administrative Services Department) a letter to the City Council dated May 18, 2006 concerning rejection by the City Manager of a formal citizen appeal to the Planning Commission. Colleen Martin spoke of the intent of the Committee to place the citizen's right of appeal regarding staff decisions, staff reports and recommendations to the Planning Commission on a future agenda. She noted that it was not their intent to discuss the substance of a specific project, but rather the process of a citizen's appeal. Mayor Ferrara noted that there are different interpretations regarding this issue; however, to ensure and encourage open government and publiC participation, he requested consensus from the Council to bring this issue back at a future meeting for discussion. The Council concurred with the Mayor's request. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. Minutes: City Council/Redevelopment Agency Meeting Tuesday, June 13, 2006 Page 10 "'... 'iP"''11 16. COMMUNITY COMMENTS AND SUGGESTIONS Gary Scherquist, Arroyo Grande, referred to the Village Mixed Use District and noted that the City does not have adequate guidelines for signage. Mayor Ferrara asked Mr. Scherquist to provide staff with details following the meeting. Polly Tullis presented the Council with correspondence dated June 12, 2006 (on file in the Administrative Services Department) relating to the proposed Creekside Estates project located on the former Stilwell, Vandeveer, and Peters' properties and read portions of it into the record, which included a request that the Council consider alternatives to dense development and the rezoning of the property. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:52 p.m. ,~~/ TonYF"Elrrar r/Chair ATTEST: ~M- (Approved at CC Mtg to- 27-00)