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Minutes 1997-07-08 .- i . . < REGULAR MEETING OF THE ARROYO GRANDE CITY COUNCIL TUESDAY, JULY 8, 1997 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A. K "Pete" Dougall presiding. 2. AND 3. FLAG SALUTE AND INVOCATION Katherine "Kay" Silva led the Flag Salute. The Rev. Jared Hoover, First Assembly of God Church, Arroyo Grande, delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff members present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, Public Works Director John Wallace, Associate Planner Helen Elder, Assistant Public Works Director Craig Campbell, Director of Building and Fire Terry Fibich, and Chief of Police Rick TerBorch. 5. SPECIAL PRESENTATIONS Mayor Dougall accepted a plaque and the United Way Gold Award from representatives of United Way. Ms. Silva told about the work of the Arroyo Grande Hospital Auxiliary. 6. AGENDA REVIEW City Manager Hunt said two supplements to Agenda Item 7.a. had been distributed to the Council. They contained (1) a letter from Christy Taylor of Shute, Mihaly et all pursuant to Council direction, (2) general correspondence, (3) a log of phone calls received by City Administration, (3) a letter from Arnie Wiese, Arroyo Grande Sizzler, Inc., and (4) a letter from Abe Delgado, Associate Transportation Planner, Caltrans, and a response memorandum from City staff. Mayor Dougall said the Council received booklets on the Central Coast Town Center from AGRA, LLC, developers, and on the Central Coast Town Center Retail Impact Analvsis on the City of Arrovo Grande from Kosmont & Associates, Inc. . . . CITY COUNCIL MINL ~S JULY 8,1997 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY It was moved by Tolley/Runels and the motion passed unanimously that all resolutions and ordinances presented at the meeting be read in title only and all further reading be waived. COUNCIL MEMBERS REACHED A CONSENSUS THAT AGENDA ITEMS 8. AND 9. BE MOVED FORWARD ON THE AGENDA. 8. PUBLIC COMMENT PERIOD Gaillightfoot of 849 Mesa Drive spoke to the Council about redevelopment and presented the members with copies of Redevelooment: The Unknown Government, published by Municipal Officials for Redevelopment Reform (MORR). 9. CONSENT AGENDA It was moved by Runels/Lady (5-0-0, with Runels, Lady, Fuller, Tolley, and Dougall voting aye) to approve Agenda Items 9.a. through 9.j., with the recommended courses of action. 9.a. Cash Disbursement Ratification. Approved. 9.b. Minutes of June 17 and 24,1997 Regular City Council Meetings. Approved. 9.c. Statement of Investment Deposit. Received and filed. 9.d. Cash Flow Analysis. Cash Report accepted and Interfund Advance approved. 9.e. Adoption of a Resolution Authorizing the Temporary Closure of Pacific Coast Railway Place North of Allen Street on August 9, 1997 for a Block Party. Resolution No. 3243 Authorizing the Closure on August 9, 1997 For a Block Party. 9.f. Authorization to Solicit Bids for Copiers - Administration and Police Department. Staff authorized to solicit bids. 9.g. Award of Contract with David M. Griffith & Associates for Mandated Cost Recovery . Council adopted Resolution No. 3244 Authorizing a Contract with David M. Griffith & Associates, Ltd. For Mandated Cost Recovery Services. 9.h. Declaration of Surplus Property. Council adopted Resolution No. 3245 Declaring Items to be Placed on a Surplus list and Requesting Authorization for Sale to Local Agencies or Private Parties at Public Auction. . CITY COUNCIL MINL ...:S JULY 8, 1997 9.L Annual Transportation Development Act (TDA) Claim. Council adopted Resolution No. 3246 Approving the 1997-1998 Annual Local Transportation Fund Claims to the San Luis Obispo Council of Governments. , 9.j. Authorization to Solicit Bids for the Purchase of a New Walking Line Striper. Approved. 7, PUBLIC HEARING - APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION THAT A REVISED SITE PLAN CONFORMS WITH THE COUNCIL-APPROVED SITE PLAN (CENTRAL COAST TOWN CENTER - FORMERLY GENCOM'S GRAND PLAZA): APPELLANTS: ARNIE WIESE AND TOM AND JANET TALBERT Presenting copies of their remarks to the Council to be made a part of the record of the meeting were Tom Talbert, 1015 Meadow Way, and Tony Ferrara, 759 Via Bandolero, who spoke for the appellants; Howard Mankins, 200 Hillcrest Drive; Orrin Cocks, 1457 Deer Canyon, and Daniel J. Villegas, 114 Via Bandolero. Howard Mann of JLM Realty, representative of the owners and developers of the Central Coast Town Center, presented to the Council boxes of newspaper coupons and flyers filled out by citizens who support the project. He also presented two petitions containing names of supporters and 12 letters of support. He said the documents contained 980 signatures. Community Development Director Liberto-Blanck began staff's presentation of the Agenda Item. She recommended the Council, after closing the public hearing, provide direction to staff. She gave a history of the project and said on July 9, 1996, the City Council approved a shopping center up to 360,000 square feet in size with 135 conditions of approval and 40 mitigation measures. She said last autumn the new project proponents submitted different site plans, which were found in substantial conformance with the one approved on July 9th. She said that determination was appealed by Tom and Janet Talbert and on February 11 th the Council upheld the appeal. She said, after several redesigns by the applicant, the Community Development Director found the plans were not in substantial conformance and the applicant appealed that decision. She said on April 29th the applicant submitted new revised site plans and withdrew his appeal. She said the April 29th plan was found in substantial conformance by the Director and that finding was appealed by Mr. and Mrs. Talbert on May 28th and Mr. Wiese on May 23rd (with an addendum on June 11th). Ms. Liberto-Blanck listed the reasons for the finding of substantial conformance and discussed the differences between the July 9, 1996 and April 29, 1997 site plans. She referred to the staff report discussion of the appeals and staff responses. She listed alternative actions the Council could follow, J CITY COUNCIL MINL _5 JULY 8,1997 Mayor Dougall said, in order to allow the public more time to speak, he would limit the presentations of the appellants and the developer to 30 minutes each. Council Member Tolley said he had a potential conflict of interest in this matter and left the dais. Appellant Wiese, president of Arroyo Grande Sizzler, Inc., said he formally withdrew his appeal at 2:52 p.m. on July 8, 1997. He read his letter to the Council stating that his concerns about the shopping center project had been addressed and resolved by AGRA, LLC. He urged the Council to deny the remaining appeal of staff's determination so that the Central Coast Town Center could proceed to completion without further delay. Appellant Talbert and Mr. Ferrara spoke to the Council and said their appeal was based on: 1. Numerous and Significant Violations of the City's General Plan 2. Violations of the Map Act 3. Non-Compliance with the California Environmental Quality Act 4. Community Development Director Does Not Have the Authority to Approve Changes That Are Not Minor in Nature They listed changes (garden center, grocery store, lot lines, loading dock, new intensity of use) made in the site plan since July 9, 1996; discussed the February 25, 1997 letter from the City to Caltrans District No.5; the March 13, 1997 response from Caltrans (through the Public Works Department); the July 2, 1997 letter from Higgins Associates to the Public Works Department; the January 28, 1997 letter from the Air Pollution Control District; the March 7, 1997 letter from the City to the developer; the March 7, 1997 letter from Crawford, Multari & Starr to the City, and remarks from CM&S on January 17 and February 10,1997. Mr. Mann spoke to the Council and showed slides of the site plan for the shopping center. He said the Council had certified the Environmental Impact Report and fuJly-entitled the project on July 9, 1996. He said there was no basis for reopening the discretionary approval process that was completed a year ago. He said the Rancho Grande subdivision homeowners had signed disclosure statements indicating the center would be commercial in nature. Also speaking on behalf of the developers of the project were James L. Brock, Environmental Planning Associates, Inc., who said the impacts were thoroughly analyzed and there was no legal basis for reopening the CEQA process; Roy Nakamura, Crane and Associates, who discussed on-site traffic issues; Frank Honeycutt and Robert Marsh, RRM Design Group, who discussed off-site traffic issues; Dr. Mark Schniepp, UCSB Economic Forecast Project, who discussed the economic benefits to the City of the project, and Larry Kosmont, Kosmont & t. CITY COUNCIL MIN... . cS JULY 8, 1997 Associates, who discussed the $1 million in sales tax that he said would come to the City. 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. Speaking in favor of the appeal were: Frank and Susan Bruner, 758 Via Bandolero Thomas Klein, 819 Via Vaquero Gary Hagerty, 345 Alder Street Karen Johnson, 1295 Hetrick Street Travis and Catherine Evans, 270 Larchmont Drive Chuck Braoner, Shell Beach Orrin Cocks, 1457 Deer Canyon Road Kathy Hughes, 547 Crovvn Hill Sharon Beneviste, Paso Robles Benedine Duffin, 1398 Newport Avenue Richard Moore, 1854 Deer Canyon Road Sonya Wagner, 509 Ide Street Lori Rai, 501 Ide Street Mr. Mankins, 200 Hillcrest Drive Janet Scott, 520 Via Vaquero Jean Wade, 750 Avenida De Diamante Chris Ivey, Paso Robles Ken Carr, 603 Taylor Place Steve Wharton, 746 Via Bandolero AI Agron, 528 Via Vaquero Gary Andreini, 909 Robin Circle Maurice Phillips, 158 Avenida De Diamante Pat Dempsey, 436 Colada Corte Nancy Stites, 487 Via Bandolero Tara Webb, 577 Woodland Drive Robert Blair, Arroyo Grande Three citizens whose names were undiscemible Speaking against the appeal were: Marguerite Gillaspy, Oceano Ted Aclan, 103 Equestrian Way Jim Wolcott, Pismo Beach Velma Harris, 677 Woodland Drive Bob Kraus, Real Estate Manager for American Stores "Lucky-Savon" Jim Cravens, 307 Whiteley Evelyn Calhoun Tallman, 532 Carol Place " CITY COUNCIL MINL _S JULY 8, 1997 Dick Franks, 879 Fair Oaks Drew Brandy, 444 Toyon Place Two citizens whose names were undiscernible Others speaking were Otis Page, 606 Myrtle Street, and Camina Tripodi, Grover Beach. When no one further came forward to speak, Mayor Dougall closed the hearing to the public and said the appellants and the developers 'NOuld be allowed to speak one more time. THE COUNCIL RECESSED FROM 10:45 TO 11:00 P,M. Mayor Dougall thanked KGLO Radio for its coverage of the meeting and Hap Harbert for arranging and monitoring the sound system for the meeting. Speaking for the project applicants, Mr. Mann said the project is in substantial conformance with the project approved July 9, 1996. He said the builders will have to build what is on the design plan. Answering some questions and charges brought up during the appellant and public testimony, he said Luckys Stores has a 20 year lease; trucks will have to operate between the hours of 7:00 a.m. and 10:00 p.m.; the loading docks will be enclosed; a bond will be posted to ensure compliance with landscaping plans, and the project will be built in one phase before all the tenants move in. He said there were no General Plan violations and no violations of the Map Act. He said a $1 million traffic mitigation fee would be paid. Also speaking were consultants for the developers, as follows: Larry Musil, AlA, Architect, Musil, Govan, Azzalino, Inc.; Ken Kammeyer, Landscape Architect, Kammeyer & Associates; Dr. Schniepp, Economic Outlook for San Luis Obispo County, UCSB Economic Forecast Project, and Mr. Kosmont, Economics, Kosmont & Associates. Council Members Fuller and Runels and Mayor Pro Tern Lady asked questions about figures and conclusions reached concerning the economics of the project and benefits to the City. COUNCIL MEMBERS REACHED A CONSENSUS TO EXTEND THE MEETING PAST THE HOUR OF MIDNIGHT. Speaking for the appellants were Jana Zimmer, attorney, who said there were significant changes in the revised site plan and asked that it be referred back to the Planning Commission. She objected to some documents in the developers' book that she said needed to be analyzed by staff and the public. She said they ,', . .. CITY COUNCIL MIN... .':5 JULY 8, 1997 were new documents dated July 8, 1997, from Crain & Associates, Environmental Planning Associates, and Dr. Schniepp. She said, with regard to the Shute, Mihaly & Weinberger letter, she had never seen an attorney pre-judge an issue prior to a hearing. She said the Council did have discretion to say yes, no, or maybe, or refer the matter back to the Planning Commission. Also speaking on behalf of the appellants was Mr. Ferrara, who agreed with Ms. Zimmer on the Shute, Mihaly & Weinberger letter. He said economic studies show that after three years the benefits of having a Wal-Mart in the City decrease. Mr. Villegas referred to the Dr. Schniepp's report and said a Wal-Mart is not the only thing that can cause an increase in sales; they can be caused by business cycles and other factors. Mr. Talbert thanked the Council for the time and work it had spent with the Citizens Committee for Responsible Development. Elizabeth Watson, attorney for the developers, said this is a fully entitled project approved last July and presumably all the issues that were raised at this meeting were raised last year because those issues YJere addressed by the conditions of approval and extensive mitigation measures. Mayor Dougall said the Council would now begin discussion of the appeal. Mayor Pro Tern Lady gave a history of his actions with regard to the development. He said he voted against the project on July 9, 1996 and saw nothing to change his position. He said he could not support the project. Council Member Runels said Arroyo Grande had always stayed on the sidelines with regard to retail business and being progressive. He said with aU the information the Council had received, it appeared it would be an advantage to go ahead with the project. Council Member Fuller said one substantial confonnance issue for him was a lot line change which accommodated a larger grocery/drug store. He said additional review is needed to make an educated decision. Mayor Dougall said no more studies of the project are needed. He said this developer cannot solve all the traffic problems in the City. He said for 20 years the City had "chased the same breadcrumbs and never got to grandma's house." He urged the Council to go forward with the project. It was moved by Lady/Fuller (3-1-1, with Lady, Fuller, and Runels voting aye; Dougall voting no, and Tolley abstaining) to postpone a decision on the appeal 3 9 0 . ciTY COUNCIL MINl" ~.S JULY 8, 1997 . and allow a minimum of two public hearings at the Planning Commission to make recommendations to the Council regarding the following: 1. Based on what is now known (tenants), are the "s~atements of overriding consideration" still valid? 2. Based on known tenants (th~ use), a recala.dation of the traffic impad fees [ based on our current General Plan Circulation Bement. " 3. Alternatives to the size and location of the grocery store and darification of the Map Act regarding the lot line adjustment. 4. Alternatives to relocating the loading docks so they are not dose to residents. 12. COUNCIL COMMUNICATIONS None. 13. STAFF COMMUNICATIONS None. 14. ADJOURNMENT It was moved by RunelslLady and the motion passed unanimously to adjourn the meeting at 12:45 a.m. A. K. "PETE" DOUGAL MAYOR 71 a.~ NANC~S, CITY CLERK l . .