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Minutes 2003-08-12 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 12, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Member Runels, Lubin, Costello, Mayor Pro Tern Dickens, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Associate Planner McClish, and Community Development Director Strong. 3. FLAG SALUTE Jack Gatz, member of the Arroyo Grande Lions Club, led the Flag Salute. 4~ INVOCATION Jean Bowser, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Lubin moved, Council Member Costello 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 Mayor Ferrara requested clarification regarding Agenda Item 8.g., with regard to product specifications for low-flow toilets included in the plumbing retrofit program bid. Director Spagnolo gave a brief overview of the retrofit program and the specifications for low-flow toilets. Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion carried on the following roll-call vote, to wit: , .-----.-". - CITY COUNCIL MINUTES AUGUST 12,2003 PAGE 2 AYES: Runels, Costello, Lubin, Dickens, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period July 16, 2003 through July 31,2003. 8.b. Consideration of Fixed Asset Policy C-009. Action: Adopted Fixed Asset Policy C-009 to maintain control and cost information of all General Government Fixed Assets. 8.c. Consideration of a Resolution Authorizing the Fire Station Expansion General Obligation Bond Property Tax Levy. Action: Adopted Resolution No. 3700 authorizing the FY 2003-04 property tax levy approved by voters on November 5, 2002. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Redevelopment Agency Meeting of July 22, 2003 as submitted. 8.e. Consideration of First Amendment to Communications Site Lease Agreement (Ground) with Nextel of California, Inc. Action: Approved and authorized the Mayor to execute an amendment to the Communications Site Lease Agreement (Ground) with Nextel of California, Inc. 8.f. Consideration to Approve a Park-and-Ride Lease Agreement with Caltrans. Action: 1) Approved the Park-and-Ride Lease Agreement with the California Department of Transportation (Caltrans); and 2) Authorized the Mayor to execute the Agreement. 8.g. Consideration to Award a Contract for Phase I of the Water Conservation Program to Mid State Plumbing. Action: 1) Awarded a contract for Phase I of the Water Conservation Program to Mid State Plumbing in the amount of $275,515; and 2) Appropriated $289,515 from the Water Neutralization Impact fund. 8.h. Consideration of Award of Bid For %-Ton and 3/4-Ton Pick-up Trucks for the Public Works Department. Action: Awarded the bid of $23,200.50 from Christianson Chevrolet for a ~- ton truck and awarded the bid of $22,673.64 from Mullahey Ford for a Y2-ton pick-up truck for the Public Works Department. 8.L Consideration of Approval of Parcel Map AG 01-427; Lot Split Between Trans- King and Midas Buildings. Action: Approved Final Parcel Map AG 01-427, subdividing .88 acres into two (2) commercial lots. 8.j. Consideration of Employment Agreements for Associate Planner and Assistant Planner Positions. CITY COUNCIL MINUTES AUGUST 12, 2003 PAGE 3 Action: Authorized the City Manager to sign the Employment Agreements for Associate Planner and Assistant Planner positions for the period from July 1, 2003 to June 30,2005. 9. PUBLIC HEARINGS: 9.a. Consideration of Street Name Change from Sterling Drive to Paulding Circle. i Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution renaming Sterling Drive to Paulding Circle. Mayor Ferrara opened the Public Hearing, and upon hearing no public comments, he closed the Public Hearing. Mayor Pro Tern Dickens moved to adopt a Resolution approving Staff Project Case i No. 03-002 renaming Sterling Drive to Paulding Circle. City Attorney Carmel requested that the Council consider a modification to the Resolution to include the map, as depicted in Attachment 2, as incorporated herein. Mayor Pro Tem Dickens agreed to the modification and amended his motion to adopt a Resolution, as amended to incorporate Attachment 2 (map), approving Staff Project Case No. 03-002 renaming Sterling Drive to Paulding Circle. Council Member Runels seconded the motion to adopt the Resolution, as amended. On the following roll-call vote, to wit: AYES: Dickens, Runels, Lubin, Costello, and Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.b. Continued Public Hearing . Consideration of Development Code Amendment Case No. 02-006 to Revise Zoning Regulations for the Village Commercial District and Portions of the General Commercial and Office Professional Districts. Associate Planner McClish presented the staff report, responded to questions from Council, and recommended the Council introduce an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 02- 006), rezoning the Village Commercial District and portions of the General Commercial and Office Professional District to Village Core Downtown, Village Mixed Use, Village Residential and Single Family Residential; revising land use regulations to address requirements for Mixed Use districts and approval processes. CITY COUNCIL MINUTES AUGUST 12, 2003 PAGE 4 Mayor Ferrara opened the Public Hearing. Nancy Underwood, Short Street, Arroyo Grande, expressed concerns regarding the proposed Mixed Use district, especially relating to business hours of operation outside the hours of 8:00 a.m. to 6:00 p.m. - She requested the Council consider amending the regulations to provide for a 300 foot notification requirement of proposed commercial projects near residential uses. She also expressed concerns regarding parking and I I requested stricter enforcement of on-site parking. Ed Dorfman, La Cresta, Arroyo Grande, opposed the proposed height limit of 30 feet for buildings in the Village due to current building standards and requirements. He suggested 32 feet as a compromise. Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council discussion ensued with regard to the height limit requirements for buildings in the Village and minor use permit public notification requirements for the Mixed Use district. The requirements for processing minor use permit applications were discussed. Following discussion, there was consensus of the Council to make the following modifications to the proposed Ordinance: - Revise Section 16.16.120.C.3. to require a +W 300 foot radius for noticing Minor Use Permits for Minor Exceptions; - Revise Section 16.48.065.0.3. to require a minor use permit for a mixed-use project proposing a commercial component within 100 feet 300 feet of a residential unit, that will operate outside of the hours of 8:00 am to 6:00 pm (unless the proposal involves a conditional use permit as required by section 16.36.030 A-1) to ensure that the commercial use will not interfere with the residential uses within the project. - Revise Table 16.36.020-A and Table 16.36.020-8, No.8, to indicate that a maximum height of 36 feet is allowable through the Variance Minor Use Permit process. Council Member Lubin moved to introduce an Ordinance, as modified, amending portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 02-006), rezoning the Village Commercial District and portions of the General Commercial and Office Professional District to Village Core Downtown, Village Mixed Use, Village Residential and Single Family Residential; revising land use regulations to address requirements for Mixed Use districts and approval processes. Council Member Runels seconded the motion, and on the following roll call vote, to wit: AYES: Lubin, Costello, Runels, Dickens, and Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES AUGUST 12, 2003 PAGE 5 10. CONTINUED BUSINESS: Council Member Lubin declared a potential conflict of interest due to real property ownership near the project, and stepped down from the dais. 10.a. Consideration of Consultant Services Agreement Amendment No.2 with Rincon Consultants and Applicant Agreement Amendment No. 2 for Vesting Tentative Tract Map 01-001/Planned Unit Development 01-001 (Tract 1998)- Castlerock Development. Community Development Director Strong presented the staff report and recommended the Council: 1) Approve the Consultant Services Agreement Amendment No.2, modifying the scope of work and budget for the VTTM/PUD SEIR; and 2) Approve Applicant Agreement Amendment No.2, modifying the scope of work and budget for the VTTM/PUD SEIR. Mayor Ferrara opened up the item for public comment, and upon hearing no further public comments, he closed the floor to public comment and brought the item back to Council for consideration. Council Members Runels and Costello supported the proposed amendments. Mayor Pro Tern Dickens commented that in response to the concerns expressed previously, he believed that the scope of work covers the issues to be addressed. He supported the proposed amendments. Mayor Ferrara referred to tasks A & B in the scope of work and expressed concerns as to whether the scope of work was specific enough to address the issues. He commented that he hoped further research is thoroughly conducted and new exhibits prepared. He encouraged staff to check in with the consultant to ensure progress is being made. Director Strong replied that staff would communicate with the consultant. He also noted that the scope of work included distribution and public review of the draft amendment to the Final SEIR. Council Member Costello moved to approve Consultant Services Agreement Amendment No.2, modifying the scope of work and budget for the VTTM/PUD SEIR. Mayor Pro Tern Dickens seconded the motion, and on the following roll call vote, to wit: AYES: Costello, Dickens, Runels, and Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. CITY COUNCIL MINUTES AUGUST 12, 2003 PAGE 6 Council Member Costello moved to approve Applicant Agreement Amendment No.2, modifying the scope of work and budget for the VTTM/PUD SEIR. Mayor Pro Tem Dickens seconded the motion, and on the following roll call vote, to wit: AYES: Costello, Dickens, Runels, and Ferrara NOES: None ABSENT: Lubin There being 4 A YES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin returned to the dais. 11. NEW BUSINESS: 11.a. Discussion Regarding Planning Activities and Meeting with Sphere of Influence Property Owners. City Manager Adams presented the staff report and recommended the Council provide direction to staff regarding planning activities, meetings and a municipal process to coordinate with property owners regarding areas within the City's current Sphere of Influence (SOl), such as coordination meetings with property owners, public input, etc. Mayor Ferrara provided a chronology of recent events that have occurred and then suggested ideas on how to proceed with future planning efforts with regard to the City's southern Sphere of Influence. He acknowledged that representatives of two major property owners were present. He explained that he and key staff members had met with representatives of the Williams and Frederick families to discuss ideas concerning new deveJopment south of the City. He suggested that, if the property owners were willing to move forward, that a process be established to continue with joint planning meetings leading up to public workshops. He proposed that if the property owners were willing to move forward, that staff continue to coordinate the planning process; that Council Members attend on a rotational basis; and that he be active in facilitating the process along with other members of the Council and staff. Mayor Ferrara invited the property owners in attendance to address the Council. Mike Frederick, President, ALC Management Corporation, stated he had met with the Mayor and he was interested in moving the process along and discussing the same things with other members of the Council. He commented that ALC was not ready for public meetings at this time and he did not want to commit at this time to scheduling public hearings. He stated that if they were to move forward, he could guarantee they would do as they had done in the past by inviting the entire community to a workshop to present proposals and receive public input. He stated CITY COUNCIL MINUTES AUGUST 12, 2003 PAGE 7 that ALC was open to the proposed process and moving forward with further planning discussions. Patrick Williams, one of the landowners of the Williams property, concurred with Mr. Frederick and supported the proposed process. He commented on the Sphere of Influence and its benefit to both the landowners and the City. Vern Frederick, property owner, expressed concerns with the considerable amount of time and study put forth over the past ten years trying to find out what the City wanted. Council Member Runels commented that the EI Campo Interchange is the key issue with whether or not a project in this area will work. He stated that several studies had been done and discussions have been held; however, there were regional funding issues involved and involvement from the County was necessary. Mayor Ferrara stated he had intentions of inviting SLOCOG, the County, and Caltrans into the discussions. Council Member Lubin commented on the proposed process and supported individual meetings between the property owner and each Council Member; however, he would not want to move forward with a planning process without first having completed that step. He suggested moving forward with more of an open process with public workshops once that process was completed. Mayor Ferrara clarified that current policy allows for any potential applicant to meet individually with a Council Member. He suggested that the process he was recommending does not circumvent that policy and encouraged such meetings. He stated that it would be difficult to move into public workshops without addressing some of the preliminary concerns. He stated that with concurrence of the property owners, he would recommend continuing on with the planning meetings. He clarified that regular progress reports of the planning meetings would be forthcoming to the Council through the Agenda. Council Member Costello stated he would welcome dialogue with the property owners. He acknowledged Council Member Runels' comments regarding the EI Campo Interchange and stated that until such time that there is a firm plan in place regarding EI Campo, this project is going to be very slow in moving forward. He supported the process as proposed, subject to the limitations of the Brown Act. Mayor Pro Tern Dickens stated that the City has determined that future growth will be southeast of the 101 corridor and that the future growth as it is defined in the Sphere of Influence is an area that the City will be providing public services to. He acknowledged there were issues with regard to an interchange that would have to be constructed. He stated that land use proposals should come from the public, and that decisions and direction should come directly from the community. He recommended working with the property owners and moving into the public workshop process. CITY COUNCIL MINUTES AUGUST 12, 2003 PAGE 8 Mayor Ferrara moved that only with the participation and consensus of the Frederick family and the Williams family, to continue to schedule and coordinate planning meetings in which all parties involved can participate including SLOCOG, the County, and Caltrans; that members of the Council attend on a -rotational basis; that the planning meetings be done with a view towards structuring public workshops, with the consensus and agreement of all parties; and that the Mayor work with staff to lead facilitation of the planning meetings; and the public workshops, when they occur, would be an opportunity for any member of the Council to participate along with staff in a facilitative role. Council and staff discussion ensued with regard to provisions of the Brown Act as it relates to meetings or workshops and Council participation. Following discussion, there was consensus of the Council that with the willingness of the property owners, that ultimately it would be beneficial for the Council to support the public workshop process. Mayor Ferrara then withdrew his earlier motion. Mayor Ferrara moved that at some point in the future to determine Sphere of Influence issues and land use issues, with the cooperation, willingness, and participation of the property owners, that the City support public workshops in a manner similar to the E. Grand Avenue workshops. Council Member Lubin seconded the motion, and on the following roll call vote, to wit: AYES: Ferrara, Lubin, Runels, Costello, and Dickens NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS: None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS City Manager Adams gave a brief update on the adoption of the State budget and its fiscal impact on the City. 16. COMMUNITY COMMENTS AND SUGGESTIONS Otis Paqe, Arroyo Grande, referred to the 2001 General Plan Update and spoke about the role of the City Council and Planning Commission in planning activities for CITY COUNCIL MINUTES AUGUST 12, 2003 PAGE 9 , the City. He stated it was not the role of the Mayor or the Council to do the planning of the City. He strongly opposed Mayor Ferrara's proposal to facilitate the planning process for the Frederick and Williams family properties, and further stated that all planning meetings should be noticed according to provisions of the Brown Act and that members of the public should be allowed to attend such meetings. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 9:25 p.m. Tony M. Fe~ .-/ ATT~ST) , ~/Jl.:k~/IL Kelly We mor: , Director of Administrative Services/ Deputy City Clerk (Approved at CC Meeting ~ J?(P/o3 ) I