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Minutes 2003-10-14 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 14, 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; Mayor Pro Tem Dickens, and Mayor Ferrara were present. Council Member Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Parks, Recreation, and Facilities Hernandez, Associate Planner McClish, and Community Development Director Strong. 3. FLAG SALUTE Members of Cub Scout, Webelos Den #8, Pack 425, led the Flag Salute. 4. INVOCATION Pastor Randy Ouimette, St. John's Lutheran Church, delivered the invocation. 5. SPECIAL PRESENT A TIONS 5.a. Mayor's Commendation Recognizing Marie Cattoir. Mayor Ferrara presented Marie Cattoir with a Mayor's Commendation in appreciation of her beautification efforts to restore the historic appearance of the original Texaco Station at 425 Traffic Way in Arroyo Grande. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Mayor Pro Tem Dickens 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. ~---~---_..._- CITY COUNCIL MINUTES OCTOBER 14, 2003 PAGE 2 8. CONSENT AGENDA Council Member Lubin moved, and Mayor Pro Tem Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. The motion carried on the following roll-call vote, to wit: AYES: Lubin, Dickens, Runels, Ferrara NOES: None ABSENT: Costello 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period September 1, 2003 through September 30, 2003. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of September 30, 2003. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of September 23,2003 as submitted. 8.d. Consideration of Award of Bid - Terra De Oro Park Playground Equipment. Action: Awarded the project to Miracle Recreation Equipment Co. in the amount of $31 ,837.41. 8.e. Consideration of Lease Agreement for Car Corral Public Parking Area. Action: Authorized the Mayor to sign the Lease Agreement on behalf of the City. 8.1. Consideration of Approval of Agreement for Contractor Services Regarding Tow Services. Action: Approved the Agreement for Contractor Services regarding tow services with College Towing South, for two (2) years, beginning October 27, 2003 through October 26, 2005. 8.g. Consideration of Disposal of Surplus Bicycles. Action: Adopted Resolution No. 3712 declaring the listed bicycles as surplus for donation to the San Luis Obispo County Sheriff's Office to be refurbished and donated to needy children. 8.h. Consideration of Acceptance of the Spring 2003 Slurry Seal Project, PW 2003-04. Action: 1) Accepted the project improvements as constructed by Intermountain Slurry Seal Inc., in accordance with the plans and specifications for the Spring 2003 Slurry Seal Project; 2) Directed staff to file a Notice of Completion; and, 3) Authorized release of retention of $15,773.34, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. I --~_.^- --~----~ CITY COUNCIL MINUTES OCTOBER 14, 2003 PAGE 3 8.i. Consideration of a Resolution Adopting the Updated City of Arroyo Grande Public Works Standard Plans. Action: Adopted Resolution No. 3713 updating the City of Arroyo Grande Public Works Standard Plans. 9. PUBLIC HEARINGS: 9.a. Consideration of Planned Development Revision for Wal-Mart Loading and Trash Enclosure Modifications. Community Development Director Strong presented the staff report and recommended the Council approve Architectural Review Case No. 03-010/Staff Project Case No. 03-019 for a Planned Development revision for Wal-Mart loading and trash enclosure modifications located at 1168 West Branch Street. Mayor Ferrara opened the Public Hearing. Ray Abdun-Nur, Arroyo Grande, expressed concerns about ongoing code violations and whether the Police Department would actively enforce the provisions concerning delivery and loading. Jolene Duggins, Accounts Payable Clerk for Wal-Mart, stated that she had looked at the plans and said that Wal-Mart employees have been informed about loading hours and that an off-site storage facility had been obtained for overflow products. She provided assurance that the store would comply with all the requirements. Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council discussion ensued concerning the enforcement of violations with regard to deliveries and loading. Staff was requested to develop enforcement contingency measures regarding loading and delivery issues. Council Member Lubin moved to approve Architectural Review Case No. 03-010/ Staff Project Case No. 03-019 for a Planned Development revision for Wal-Mart loading and trash enclosure modifications located at 1168 West Branch Street. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Runels, and Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. ~ CITY COUNCIL MINUTES OCTOBER 14, 2003 PAGE 4 9.b. Consideration of Proposed Ordinance for Traffic Way and Station Way Areas Amending the Zoning Map and Arroyo Grande Municipal Code, including Traffic Way Mixed Use District and Revising Design Guidelines and Standards for Design Overlay District D-2.11. Associate Planner McClish presented the staff report and recommended the Council: 1) Open the Public Hearing on the Architectural Review Committee and Planning Commission recommendations for Development Code Case No. 03-006; 2) Introduce an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 03-006), rezoning a portion of the Highway Commercial, General Commercial and Village Mixed Use Districts to Traffic Way Mixed Use; and 3) Continue the Public Hearing on the Design Guidelines and Standards for Design Overlay District D-2.11 to the December 9, 2003 Regular City Council meeting. Mayor Ferrara opened the Public Hearing. Ellen Gaver, Allen Street, expressed concems regarding the proposed Traffic Way Mixed Use zoning changes as it relates to her residential property (located next door to Christianson Chevrolet) and as it relates to lighting, view, noise, property value, traffic, and parking on Allen Street. She read a prepared statement for the record (on file in the Administrative Services Department). Robert Anderson, Arroyo Grande, inquired as to when this process began. He stated he was in favor of the Mixed Use concept; however, he wished for additional time for public input on the proposal. Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council discussion ensued with regard to the zoning recommendations and the proposed continuance of consideration of the Design Guidelines and Standards. Following clarification by staff concerning the recommended actions, Council Member Dickens suggested continuing the entire item to December in order to provide the community with more opportunity for public input. Mayor Pro Tem Dickens moved to continue the Public Hearing on Development Code Amendment Case No. 03-006, the introduction of an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 03-006), rezoning a portion of the Highway Commercial, General Commercial and Village Mixed Use Districts to Traffic Way Mixed Use, and the Design Guidelines and Standards for Design Overlay District D-2.11 to the December 9, 2003 regular City Council Meeting. Mayor Ferrara seconded the motion, and on the following roll call vote, to wit: CITY COUNCIL MINUTES OCTOBER 14, 2003 PAGE 5 AYES: Dickens, Ferrara, Lubin, Runels NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.c. Consideration of Proposed Ordinance Repealing, Amending, and Adding Provisions to Titles 1, 2, 3, and 16 of the City of Arroyo Grande Municipal Code. Director of Administrative Services Wetmore presented the staff report. She explained that staff initiated phase two of the Municipal Code update plan, whereby each title in the Municipal Code would be reviewed by the affected departments to ensure that Code provisions are internally consistent with the City's current policies and practices. Staff recommended the Council introduce an Ordinance repealing, amending, and adding provisions to Titles 1, 2, 3, and 16 of the City of Arroyo Grande Municipal Code. Mayor Ferrara opened the Public Hearing, and upon hearing no public comments, he closed the Public Hearing. Council Member Runels moved to introduce an Ordinance repealing, amending, and adding provisions to Titles 1, 2, 3 and 16 of the City of Arroyo Grande Municipal Code. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Lubin, and Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Resolution Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds. City Manager Adams presented the staff report and recommended the Council adopt a Resolution supporting a statewide ballot initiative to require voter approval before the State government may take local tax funds, and designate a lead representative -~'--"-.._'-'- ._-----------,._-"---~ CITY COUNCIL MINUTES OCTOBER 14, 2003 PAGE 6 from the City Council to work with the League of California Cities on efforts related to the initiative. Mayor Ferrara opened up the item for public comment, and when no one came forward, he brought the item back to Council for consideration. Council Member Lubin moved to adopt a ResoJution supporting a statewide ballot initiative to require voter approval before the State government may take local tax funds, and to designate Mayor Ferrara as the lead representative from the City Council to work with the League of California Cities on efforts related to the initiative. Council Member Runels seconded the motion, and on the following roll call vote, to wit: AYES: Lubin, Runels, Dickens, and Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 11.b. Consideration of City Hall Needs Assessment and Feasibility Study. City Manager Adams presented the staff report and recommended the Council: 1) Approve the proposed site alternatives; 2) Approve the site and design criteria; and 3) Direct staff and the consultant to prepare an analysis of the alternatives. He introduced Mr. Fred Sweeney Jr. with Phillips Metsch Sweeney Moore Architects, who gave an overview of the Needs Assessment and Feasibility Study. He summarized the results of the public workshop that sought input regarding ideas for potential site alternatives and design characteristics for a new City Hall. Mayor Ferrara opened up the item for public comment. Chuck Fellows, Chairman, Preserve The Village (PTV), expressed disappointment concerning the number of attendees at the first public workshop. He provided survey responses from members of PTV who felt that City Hall should remain where it is. Hearing no further public comments, Mayor Ferrara brought the item back to the Council for consideration. Mayor Pro T em Dickens moved to approve the proposed site alternatives; approve the site and design criteria; and direct staff and the consultant to prepare an analysis of the alternatives. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: - -----.._- CITY COUNCIL MINUTES OCTOBER 14, 2003 PAGE 7 AYES: Dickens, Lubin, Runels, and Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS: a) Request to agendize discussion, public input and City Council consideration regarding Diablo Canyon Nuclear Power Plant issues. (FERRARA) Mayor Ferrara requested the Council consider scheduling a future agenda item for discussion, public input and Council consideration of Diablo Canyon Nuclear Power Plant issues. Following discussion, staff was directed to place on a future City Council agenda a discussion item regarding Diablo Canyon Nuclear Power Plant issues that directly impact the City. It was further agreed that Mayor Ferrara would work with staff to identify representatives from appropriate agencies to present the information, and to request that Police and Fire present the status of disaster response efforts related to the Plant. 13. CITY MANAGER ITEMS a) Discussion regarding whether to reschedule or cancel the Regular City Council Meeting scheduled on Veteran's Day, November 11, 2003. Following discussion, the Council agreed not to reschedule the November 11, 2003 meeting. Staff was requested to invite veterans in the community to lead the flag salute and to participate in a tribute to Veteran's Day. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande, commented on the Traffic Way rezoning issue as it related to automotive uses. He also suggested the installation of blinking crosswalk lights in the Village to address visibility and safety issues. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 9:31 p.m. ____.._______m__...__..._ ----------------- _.~~-..- CITY COUNCIL MINUTES OCTOBER 14, 2003 PAGE 8 ATTE ~(~ Kelly etm e, Director of Administrative Servicesl Deputy City Clerk (Approved at CC Meeting 10/1.8'/03)