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Minutes 1998-11-10 . - 4 ~ .. ... ., '. CITY COUNCIL MINUTES TUESDAY, NOVEMBER 10, 1998 CITY COUNCIL CHAMBERS, . 215 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The Honorable City Council of the City of Arroyo Grande met in regular session at 7:30 p.m. 2. FLAG SALUTE Mayor Dougall led the Pledge of Allegiance 3. INVOCATION Reverend Steve Carr, Calvary Chapel of Arroyo Grande 4. ROLL CALL Council/Board: X Dougall X Lady X Fuller X Runels X Tolley STAFF PRESENT X City Manager X City Attorney X City Clerk X Chief of Police X Director of Building and Fire X Director of Community Development X Director of Public Works X Director of Parks and Recreation X Director of Financial" Services X Senior Consultant Engineer 5. SPECIAL PRESENTATIONS None 6. AGENDA REVIEW Supplemental Information was distributed concerning Agenda Item 7.a. 6.A, RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Tolley 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 NOVEMBER 10, 1998 . 7.A. PUBLIC HEARING - FIVE CITIES PLANNED SIGN PROGRAM 96-118 (AMENDED) AND VARIANCE 98-210 Council Member Tolley said he had a possible conflict of interest in Agenda Items 7.a. and 7.b. and left the dais. Staff recommended Council adopt a resolution approving the Five Cities Sign Program 96-118, as amended, and Variance 98-210. Supplemental information was provided including a revised Resolution of Approval with findings for the Variance and the Sign Program recommended by the Planning Commission. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. The following members of the public spoke to the Council on this matter: Howard Mann of AGRAFive Cities, LLC - said many compromises had been made to the Sign Program by the developers and further reductions are not appropriate. He gave the Council copies of a "Five Cities Center Sign Area . Summary" showing the Original Planning Commission Proposal of 216/98 and the current proposal of 10/28/98. Paul Trapp of Hollywood Video - stressed the need for three signs for his store in the Center. Dorian Fortney of Fortney Associates, representing American Stores - said he needed three types of signs, proprietary, directional, and unique services. Tom Talbert of 1015 Meadow Way, representing Concerned Citizens for Responsible Development - said there is too much signage and the Council should return the program to the Planning Commission or approve the Planning Commission recommendations. C. Z. Brown of 350 Old Ranch Road - said the Sign Program should conform with the City's Sign Ordinance. Don Audet of 317 Old Ranch Road - said the sign variance would be inconsistent with the neighborhood, irresponsible, and precedent setting. Ross Kongable of 255 Rodeo Drive - said this project would be setting the standard for future slums. Janet Talbert of 1015 Meadow Way - said the Lucky's Market does not need signs to the correct doors. She said that public could figure that out. 2 -- ------- ~ CITY COUNCIL MINUTES NOVEMBER 10, 1998 Laurence Greene, member of the Planning Commission - requested the Council approve the Planning Commission recommendations~ He explained the Planning Commission's reasons for its recommendation. He said the Commission felt unusual market services like a Bank of America station should have some identification sign. When no one further came forward to speak, the Mayor closed the hearing to the floor. Council discussion: Council Member Fuller said it is important to talk to the authors of the City Sign Ordinance to see what their intentions were for enforcement. He asked Planning Commissioner John Keen about the relationship between Planned Development, Zoning, the Sign Ordinance, and a maximum 70 square foot sign. Mr. Keen, who lives at 298 North Elm Street, said the maximum 70 square foot area was the amount that could be approved without review. He said it was intended as a "trigger" for a request for a larger sign. He said it also was intended to "trigger" any requests for larger signs in a Planned Development. Council Member Fuller asked the Hollywood Video representative about the monument sign 30 feet from the building, and the representative said a sign on the building still is needed. Council Member Fuller praised the Planning Commission for its work on the Center, which he said had been toned down and scaled down considerably. He spoke of his dislike of the threats he had received concerning his vote on this matter. He said he was supportive of the plan proposed by AGRA with the exception of the wall sign at Hollywood Video. Mayor Pro Tern Lady said it is hard to visualize what the signs will look like and requested time to look at signage at other shopping centers. He urged the Council to continue the hearing to give time to look at other shopping centers' signage. Council Member Runels asked if the sign on the Hollywood Video back wall would be below the elevation of the street and the Community Development Director said no. Council Member Runels said it was time to move forward and he supported the AGRA Sign Program. Mayor Dougall said he had attended most of the Planning Commission meetings on the shopping center and saw a lot of passionate work applied to it He said the commercial land sat vacant for many years and the City had missed many 3 ---~-'-'-- ~ . CITY COUNCIL MINUTES NOVEMBER 10, 1998 retail opportunities. He said the shopping center will be built and the City is banking on it being a success. He said the CCRD contributed a lot to the project He said there will be 360,000 square feet of shopping in 14 buildings and the signage is less than one percent. He questioned the difference between advertising and identification. He said he supported the AGRA Sign Program. Mayor Pro Tem Lady moved to continue the hea.ring to allow time for looking at signage in other areas. The motion died for lack of a second. Council Member Fuller asked if the resolution in the agenda packet could be modified to reflect going from three signs to two signs on Hollywood Video and if it could, he would move to approve the sign program with the modifications. City Attorney Tim Carmel said the motion would refer to Exhibit A, which is referred to in Condition of Approval No.4, and to AGRA's Sign Program, which is Attachment D to the Staff Report, and modify them to eliminate the southern elevation sign on Building H shown on Page 4A of the Sign program. Council Member Fuller moved and Council Member Runels seconded the motion to adopt Resolution No. 3337 Approving the Five Cities Center Planned Sign Program 96-118 (amended) and Variance 98-210. Voice Vote X Roll Call Vote Ave Dougall No Lady Ave Fuller Ave Runels Abstain Tolley There being 3 AYES, 1 NO, and 1 ABSTENTION, the motion is hereby declared to be passed. 7.B. PUBLIC HEARING - TO CONSIDER AN AMENDMENT NO.' 1 TO THE CONDITIONAL USE PERMIT 96-541 FOR THE FIVE CITIES CENTER LOCATED ON WEST BRANCH STREET Council questions of staff: Council Member Fuller asked if the landscaping and parking requirements are still being met or can they be conditioned so they are met. Community Development Director Jim Hamilton said the parking still meets the requirements of the Municipal Code and any changes in landscaping will require City review. 4 --- --_.~_.~- - ._-._""-- , . ~ CITY COUNCIL MINUTES NOVEMBER 10, 1998 After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. The following members of the public spoke to the Council on this matter: Stephanie Painter of Arroyo Grande - said she would like to see any changes before approval is given. When no one further came forward to speak, the Mayor closed the hearing to the floor. Council discussion: Mayor Pro Tem Lady recommended looking at the proposed change before approving it. Council Member Fuller said landscaping and architectural issues can be controlled and Council was relying on staff to monitor parking. He said Council should move forward. Council Member Runels and Mayor Dougall agreed. Council Member Runels moved and Council Member Fuller seconded the motion to adopt Resolution No. 3338 approving Amendment No. 1 to Conditional Use Permit 96-541, applied for by AGRA, LLC, located at Five Cities Center West Branch Street. Voice Vote X Roll Call Vote Ave Dougall No Lady Ave Fuller Ave Runels Abstain Tolley There being 3 AYES, 1 NO, and 1 ABSTENTION, the motion is hereby declared to be passed. Council Member Tolley returned to the dais, 8. PUBLIC COMMENT PERIOD None 9. CONSENT AGENDA Council Member Tolley moved and Council Member Runels seconded the motion to approve the following Consent Agenda Items 9.a.through 9.j., with the recommended courses of action. 5 --~---~-_._-- --"-' .- ._--~_.._-----~--- ----- . . -- CITY COUNCIL MINUTES NOVEMBER 10,1998 ", Voice Vote X Roll Call Vote Ave Dougall Ave Lady Ave Fuller Ave Runels Ave Tolley There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.a. Cash Disbursement Ratification. 9.b. Statement of Investment Deposits. 9.c. Minutes of October 27, 1998 City Council Meeting. 9.d. Right-of-Way Certifications for Federal Aid Projects. Resolution No. 3339 9.e. Award of Bid for the 1998-99 Street Maintenance Program Fan Slurry Seal Project, No. 90-98-4. 9.1. Authorization to Solicit Bids for the Fumigation of the Fire Station. 9.g. Authorization to Solicit Bids for the Painting of Government Buildings in the Civic Center Complex 9.h. Approval of a Proposal to Complete Phase II of the City's Computer Network. 9.1. Waiver of Fees - Hospice. 9.j. Disposal of Surplus Bicycles. Resolution No. 3340 9.k, Fee Waiver Request - Kiwanis Club of Greater Pismo Beach. 10. CONTINUED BUSINESS: None 11.A. NEW BUSINESS: FISCAL YEAR 1998/99 FIRST QUARTER BUDGET STATUS REPORT Staff comments and recommendation: Staff recommended Council approve the budget adjustments and recommendations. Council questions of staff: None Council discussion: Council Members approved staff recommendation. Council Member Tolley moved and Council Member Fuller seconded the motion to approve the budget adjustments and recommendations included in the First Quarter Budget Status Report and supporting schedules. X Voice Vote - Roll Call Vote 6 ~-"_.__.__.-._- --,--"--.- --~--- . . . ~ , . CITY COUNCIL MINUTES NOVEMBER 10,1998 Ave Dougall Ave Lady Ave Fuller Ave Runels Ave Tolley There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.B. NEW BUSINESS: WEST BRANCH STREET - PAVEMENT RESURFACING Staff comments and recommendation: Staff recommended Council authorize the Mayor to enter into an agreement setting forth that the developers of the Five Cities Center will repair a portion of the West Branch Street paving, funded via a reduction in Traffic Facilities Impact Fees for the Five Cities Center; and direct staff to develop a paveout policy for development projects. Public Works Director Don Spagnolo introduced Craig Campbell, Senior Consultant Engineer, to answer questions. Council Member Tolley said he had a possible conflict of interest and left the dais. Council Member Runels asked if a cap would be placed over the existing roadway. Mr. Campbell said certain areas would be taken down to the base. He said the final layer would be one paving. Council Member Fuller asked where this project fell in the Pavement Management System. Mr. Campbell said it is a Capital Improvement Project. Council Member Runels moved and Council Member Fuller seconded the motion to approve staff recommendations. X Voice Vote - Roll Call Vote Ave Dougall Ave Lady Ave Fuller Ave Runels Abstain Tolley There being 4 AYES and 0 NOES, and 1 ABSTENTION, the motion is hereby declared to be passed, Council Member Tolley returned to the dais. 7 ,.. - --------- -._----- . . . ---. . , CITY COUNCIL MINUTES NOVEMBER 10, 1998 12. COUNCIL COMMUNICATIONS Council Member Fuller clarified some statements .in an October 28, 1998 letter concerning City Council actions from Otis Page, 606 Myrtle Street. Council Member Fuller said the letter was a blatant attempt to twist the facts. Council Member Runels said the State of California has approved a method using stone columns to make the Lopez Dam earthquake safe. Mayor Dougall recognized Gail Lightfoot, who ran for the Office of Secretary of State, representing the Libertarian Party. 13. STAFF COMMUNICATIONS None 14. ADJOURNMENT Council Member Tolley moved, Council Member Fuller seconded, and the motion passed unanimously to adjourn the meeting. Time: 9:40 p.m. a -- ---."-.- -,. ---------------