Loading...
Minutes 1999-07-13 CITY COUNCILMINUTES TUESDAY, JULY 13, 1999 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 7:11 p.m. 2. ROLL CALL City Council: .x. Council Member Runels .x. Council Member Tolley .x. Council Member Dickens .x. Mayor Pro Tern Ferrara .x. Mayor Lady STAFF PRESENT ..lLCity Manager ..lLCity Attorney ..lLDirector of Administrative Services ..lLChief of Police ..lLDirector of Building and Fire ..lLlnterim Director of Community Development ..lLDirector of Public Works ..lLDirector of Parks and Recreation ..lLDirector of Financial Services ..lLConsultant Planner ..lLConsultant Engineer 3. FLAG SALUTE Arroyo Grande Police Department Explorer Post No. 542 led the Pledge of Allegiance. . 4. INVOCATION Retired Pastor Paul Jones delivered the invocation. 5. SPECIAL PRESENT A TIONS a. Proclamation - Welcoming the 561st Air Force Band of the California Air National Guard. . Accep~ed by John Clark, Arroyo Grande Village Improvement Association, CITY COUNCIL MINUTES JULY 13,1999 6. AGENDA REVIEW None. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Runels moved, Mayor Pro Tern Ferrara 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.a. PUBLIC HEARING - CONDITIONAL USE PERMIT 98-572 - RUSS SHEPPEL, 880 OAK PARK BOULEVARD Consultant Planner Tom Buford highlighted the Staff Report. He explained that the two public hearings on this Agenda concern projects on the corner of Oak Park Boulevard and James Way. He stated that there was significant review and study of parking and circulation issues for the projects due to the fact that there would not be access to the site from Oak Park Boulevard. He stated that the Planning Commission recommended that .the City Council approve the Negative Declaration and adopt a resolution approving Conditional Use Permit 98-572, subject to the Conditions of Approval. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady opened the Public Hearing. Kim Hatch, representing the applicant, spoke in favor of the project. Kevil'! Kennedy, applicant for a project at the same location, spoke in favor of the project. He stated that the two projects had been in the planning stages since 1988 and a lot of consideration had been given to parking and traffic flow issues. Council Member Tolley asked how the parcels not being developed would be used, Mr. Kennedy responded that they were interested in purchasing one of the parcels; however, the current property owners were not sure what they were going to do with the property. Mr. Kennedy further stated that the other parcel was currently for sale and he might be purchasing it. Council Member Dickens stated there had been discussion at the Planning Commission meeting that Parcel 3 was to be maintained with foliage. Mr. Kennedy replied that was correct. Hearing no further comments from the public, the Mayor closed the hearing to the floor. There was discussion about Parcel 3 as it relates to the Master Plan for the Oak Park Health Plaza site, Consultant Planner Buford explained that the Master Plan was a conceptual planning tool and was not entitlement for future development. He further explained that any parcels would need to receive approval through the Development Code. He stated that a Conditional Use' Permit finding had been included in the resolution to this effect. - 2 CITY COUNCIL MINUTES JULY 13,1999 Council Member Dickens asked for clarification on fees and whether this applicant had to pay a Park Development fee. Consultant Planner Buford stated that the fee would not apply to this comm~rcial project because it only applies to residential projects. Council Member Dickens asked if the applicant would be paying a Street Tree Planting fee and also providing the landscaping, Consultant Engineer Campbell responded that the applicant has the option of installing the trees prior to occupancy and not paying a fee, or paying a fee that guarantees the planting of the required trees. Mayor Pro Tern Ferrara referred to the Traffic Study and asked when it was submitted to the City and if the Traffic Commission reviewed it. He stated that the Traffic Commission's scope of work had been recently revised and this project would fall into that scope. He stated he was concerned that the study, conducted by Penfield & Smith, indicates the baseline level of traffic for the project was taken from the GenCom development traffic study. He stated that in the previous review of a different project, Penfield & Smith had invalidated the work that GenCom had done on the Brisco/101 interchange. He said he was concerned that Penfield & Smith was using GenCom as a reference in this. study. Mayor Pro Tern Ferrara referred to the charts in the Traffic Study and asked for clarification. Consultant Planner Buford explained that Chart 1 . represents existing peak hour traffic volumes; Chart 2 represents project related peak hour traffic volumes; Chart 3 shows basic baseline peak hour traffic; and Chart 4 represents peak hour traffic volumes at buildout. Engineer Consultant Campbell explained that the Traffic Study was jointly funded by both applicants and was intended to represent traffic conditions from both projects, He further explained that cars exiting from the project site onto James Way during peak hour was shown on Chart 2, and the traffic volume shown on Chart 4 during peak hour was intersection circulation. Council Member Tolley moved that the Council adopt the resolution approving Conditional Use Permit No. 98-572, subject to the Conditions of A.pproval, and approve the Negative Declaration completed with regard to the project.. Council Member Runels seconded the motion. _Voice Vote lRolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 3 CITY COUNCIL MINUTES JULY 13,1999 7.b. PUBLIC HEARING - CONDITIONAL USE PERMIT 98-573 - KEVIN KENNEDY, OAK PARK BOULEVARD AND JAMES WAY Consultant Planner Tom Buford highlighted the Staff Report, He stated that the Planning Commission recommended that the City Council approve the Negative Declaration and adopt a resolution approving Conditional Use Permit 98-573, subject to the Conditions of Approval. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady opened the Public Hearing, Hearing no comments from the public, the Mayor closed the hearing to the floor. Council Member Tolley moved that the Council adopt the resolution approving Conditional Use Permit No. 98-573, subject to the Conditions of Approval, and approve the Negative Declaration completed with regard to the project. Council Member Runels seconded the motion. _Voice Vote -1LRolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens - There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 8, CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Tim Brown, 125 Allen, asked if the report from Envicom would be available for review before the next Long Range Planning Committee meeting. Council Member Tolley responded that the report would be distributed before the next. meeting. -' John Clark, 224 McKinley,commended the. City Council and staff on the Santa Manuela school project. He stated it was gratifying to seethe schoallocated at the new site. 9. CONSENT AGENDA Council Member Runels stated he had a potential conflict of interest on Item 9.j. and would step down, Mayor Lady also announced he had a potential conflict of interest on Item 9.j. and would step down: 4 ---_.__.~--- CITY COUNCIL MINUTES JULY 13, 1999 Council Member Runels moved and Council Member Dickens seconded the motion to approve Consent Agenda Items 9a, through 9u., with the exception of Item 9j" with the recommended courses of action, a. Cash Disbursement Ratification. Approved. b. Statement of Investment Deposits. Approved. c, Cash Flow Analysis/Approval of Interfund Advance fro~ the Sewer Fund. Approved. d. Minutes of City Council Meeting of June 22,1999. Approved. e, Rejection of Claim - Mike Adams, Claim Rejected, f. Award of Contract to DMG-Maximus for Mandated Cost Recovery. Resolution No. 3379 adopted, g. Authorization to Solicit Bids - Replacement of Two Police Department Vehicles. Approved. h. Authorization to Solicit Bids - Replacement of Main Parking Lot Gate Controller. Approved. i. Authorization to Solicit Bids - Public Works Vehicle. Approved. k, Authorization to Solicit Bids - Public Parking Lot Behind City Council Chambers, Project No. 80-99-1. Approved. I. Certificate of Acceptance - Bikeway Project One - Paulding Middle School Bikelanes - Project No. 90-98-1. Approved. m. Award of Contract for Soils Testing on Grand Avenue, Elm Street to Halcyon Road, Project No. 60-70-90-98-6. Approved. n, Award of Bid - Montego Street Sidewalks, Phase 1 (South Side), Project No. 90-98-7. Approved, 0, Award of Bid - Optical Detection Devices at East Branch Stre.etlMason Street, Project No. 90-99-2. Approved. p, Disadvantaged Business Enterprise Program Plan for FY 1998-99 and FY 1999/00. Approved. q. Authorization for Payment of Emergency Expenditur~s to Repair Fire Engine. Approved. r. Authorization to Solicit Bids for Parks Division Vehicle. Approved. s. Award of Bid for Electric Vehicle. Approved. t. . Authorization to Close City Streets and Use City Prope'rty for Summer Events. Resolution No. 3380 adopted. u. Acceptance of Improvements - Morning Rise II, Resolution 'No. 3381 adopted. _Voice Vote . lRolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens - 5 --"---'~-'---'."- CITY COUNCIL MINUTES JULY 13, 1999 There being 5 A YES, and 0 NOES, the motion is hereby declared to be passed. Council Member Tolley moved and Council Member Dickens seconded the motion to approve Consent Agenda Item 9j. with the recommended course of action, j, Authorization to Solicit Bids' - Fair Oaks Water Line, Project No. 60-98-5. Approved. _Voice Vote lRolI Call Vote Absent Lady Aye Ferrara Absent Runels Aye Tolley Aye Dickens There being 3 AYES and 2 ABSENT, the motion is hereby declared to be passed. 10.a. CONTINUED BUSINESS: CONSIDERATION, OF HISTORICALSQCIETY'S PROPOSAL FOR CITY -OWNED PROPERTY AT 134 MASON STREET Parks and Recreation Director Hernandez highlighted the Staff Report. He asked Council to provide direction on the proposal from the South County Historical - Society for the lease of the property located at 134 Mason Street. Council Member Runels asked if there has been any discussion of moving the vacant house \ between the Heritage House and the Santa Manuela School. Director Hernandez responded that there had not been any discussion of moving the house. . Mayor Pro Tern Ferrara asked if the projected revenue was connected to a specific department's budget. Director Hernandez responded that the revenue would go into the City's General Fund. Mayor Lady opened up the discussion for public comment. Larry Turner, 323 Noguera, stated he was an Advisory Committee Member for the South CQunty Historical Society. He thanked the Council for the recent school house moving project. He spoke in favor of the proposal and stated that the building would provide good office and storage use for the Society. Council Member Dickens asked Mr. Turner if he could give specifics on the Society's proposal to clean up the south side of the property. Mr. Turner responded that the Society would clean up both sides of the property and put in - 6 CITY COUNCIL MINUTES JULY 13, 1999 grass. He said the Society would maintain the area between the houses and would maintain the irrigation system. John Clark, 224 McKinley, spoke in favor of the proposal and stated there was complete backing from the Village Improvement Association. Hearing no further comments, Mayor Lady closed the public discussion. There was discussion about the zoning of the property and if this area could be designated as a Historical District. Director Hernandez stated that the property was zoned Public Facilities, and that rezoning was not needed. He explained that the State does not grant relocated buildings a historical designation. He said that historical districts are granted to areas where the original buildings are on the original site. Mayor Pro Tern Ferrara moved to accept the proposal from the South County Historical Society as submitted. He further moved to direct the City Attorney to modify the existing lease agreement for signature by both parties. Council Member Dickens seconded the motion. _Voice Vote -X...RolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES, and 0 NOES, the motion is hereby declared to be passed. 10. b. PROPOSED ORDINANCE LIMITING NON-TAXABLE' SALES IN RETAIL STORES EXCEEDING 90,000 SQUARE FEET (DEVELOPMENT CODE AMENDMENT 99-001) , Interim Community Development Director Engen highlighted the Staff Report. He stated that staff recommended the Council adopt the Ordinance amending the text of the Development Code to add a section to Chapter 9-11, Sp$cific Use . Development Standards, entitled: "Limitations on Retail Stor~s in Excess of 90,000 Squar~ Feet", and file a Notice of Exemption with the County Recorder. Council Member Tolley asked the City Attorney about the difference between liquidated damages and penalties, City Attorney Carmel responded that the ordinance included a liquidated damages provision which' was not a penalty. He said it was specifically intended to approximate what the City's damages would be in the case of a breach in the ordinance. - 7 -- - -- . CITY COUNCIL MINUTES JULY 13, 1999 Mayor Lady opened up the discussion to the public, Chris Ivey, 2244 Rancho Lomas Way, passed out an article from the Santa Maria Times to the Council entitled "Problems looming for cities, sales tax reliance", and read portions of it for the record. He spoke in favor of adopting the ordinance. John Clark, 224 McKinley, said he wondered how long the City of Arroyo Grande could sustain a court case if the ordinance was challenged, Mayor Lady commented that a future applicant would know at the beginning planning stages what the regulations and development standards were for a proposed project. Council Member Tolley stated that he. did not think this ordinance tied into the City's General Plan. He said the' ordinance was a protection for the grocery stores. He said he did not support the ordinance and that it does not protect the City because future Councils can repeal it. Mayor Pro Tern Ferrara moved to adopt the Ordinance amending the text of the Development Code to add a section to Chapter 9-11, Specific Use Development Standards, entitled: "Limitations on Retail Stores in Excess of 90,000 Square Feet", and file a Notice of Exemption with the County Recorder. He further read the title of Ordinance No, 506 C.S. Council Member Dickens seconded the motion. - _Voice Vote -X-RolI Call Vote Aye Lady Aye Ferrara Aye Runels No Tolley Aye Dickens - There being 4 A YES, and 1 NO, the motion is hereby declared to be passed. 10.c. WATER MASTER PLAN Public Works Director Spagnolo highlighted the Staff Report. He noted that water supply and capacity of storage facilities were the most notable comments received on the Water Master Plan. He stated that staff recommended the City Council approve and adopt the 1999 Water Master Plan. Council Member Runels asked for clarification on page 2, paragraph 3 of the Staff Report relating to the Rancho Grande water tank's capacity. Engineer Campbell stated that the Rancho Grande water tank has a 1.2 million gallon capacity, He 8 - .~_._-- ^-- -"--- CITY COUNCil MINUTES JULY 13,1999 explained t~at a 1.1 million gallon tank is the minimum size needed to meet the existing demand; therefore, the tank is barely meeting the current need$. Engineer Campbell stated that the Oro Tan.k currently does not meet its needs. Council Member.Dickens asked for clarification on page 3-1 of the Water Master Plan relating to land use and the maximum density for current zoning. He asked if the reference to current zoning pertained to the land Use Element that was approved in 1990, or did it include General Plan amendments approved since then. He referred to the zoning maps included in the Plan that are not updated to ,include recent development projects. Engineer Campbell .responded that the . , Water Master Plan was being prepared as the development projects were being processed. He stated that the projects were considered during preparation of the Water Master Plan. Council Member Dickens asked that typographical corrections be made to the document on pages 1-1; 4-3; and 3-1. Council Member Runels asked how much ground water entitle"1ent~was being pumped annually. Director Spagnolo responded that it fluctuates because of the surplus water that is used from Lopez, Engineer Campbell responded last year about 238 acre feet was pumped out of groundwater. Mayor Lady opened up the discussion for public comment. Tim Brown, 125 Allen, stated that the document had been modified after the public comment period. He asked if the modifications would be shown in the final Water Master Plan document. Hearing no further comments, Mayor Lady closed the public discussion. Council Member Runels moved to approve and adopt the Water Master Plan with the suggested typographical corrections, and include the Staff Report as an attachment to the final Water Master Plan document. Mayor Pro Tern Ferrara seconded the motion. - _Voice Vote -X-RolI Call Vote Aye lady Aye Ferrara Aye Runels Aye Tolley . Aye Dickens There being 5 A YES, and 0 NOES, the motion is hereby declared to be passed. - 9 CITY COUNCIL MINUTES JULY 13, 1999 11. NEW BUSINESS None. 12. COUNCIL COMMUNICATIONS I Council Member Tolley announced that host families were being sought for players participating in the State Babe Ruth Baseball Tournament. Council Member Runels reported that he and Council Member Dickens attended the Skate Park Grand Opening, and they brought back a proclamation from the City of Grover Beach, Council Member Dickens announced the next Community Recreation Center Subcommittee meeting would be held on Thursday, July 15, 1999. He said the Subcommittee was making good progress, and it was hoped that an update and recommendation would be forthcoming to the City Council for consideration in September. Council Member Tolley said he had visited a Community Center in North Carolina recently and obtained some contact numbers for the subcommittee, - ~ Mayor Pro Tern Ferrara asked staff what the status was on the R,V. issue at Wal- Mart. City Manager Hunt responded that a letter had been sent to Wal-Mart; however, they. had not yet posted any signs. He said that he would forward the matter to the Code Enforcement Officer. 13. STAFF COMMUNICATIONS - None. 15. ADJOURNMENT Time: 8:25 p.m. M,c~L~ ATTEST: h Lhr/PJiJ;V2 ORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK 10