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Minutes 1994-12-13 . . 385 . MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 13, 1994 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council of the city of Arroyo Grande met at 7:30 P.M., with Mayor A. K. "Pete" Dougall presiding. 1. AND 2. FLAG SALUTE AND INVOCATION The Pledge of Allegiance to our Flag was led by Todd Bockhahn of the Arroyo Grande Police Explorers Group. The Rev. Phil Coleman, Oak Park Foursquare Church of Arroyo Grande delivered the invocation after telling the Council that he had letters from fifth-grade pupils at Royal Oaks Christian School thanking the City for permitting the Nativity Scene to be located on public property. 3 . ROLL CALL Present with Mayor Dougall were Council Members Drew Brandy, Michael Fuller, Michael Lady and James Souza. Staff Members present were City Manager Chris Christiansen, City Attorney Roger Lyon, city Clerk Nancy Davis, Finance Director David Bacon, Chief of Police Rick TerBorch, Planning Director Doreen Liberto-Blanck .."... . and Current Planner Scott Spierling. " 4. ORAL COMMUNICATIONS PEGGY KOTEEN of San Luis Obispo, DAVID BURSOHN of Arroyo Grande, DAVID MARTIN of San Luis Obispo and HANK ALBERTS, president of the San Luis Obispo County American civil Liberties Union, spoke against the placement of the Nativity Scene on public property at the Hart-Collett Park. They cited Article 16, section 6 of the California State Constitution as supporting their position and said this is a matter of the separation of "church" and "state." FRED FLANNELL of 550 Via Vaquero contradicted statements made in a newspaper article by Parks and Recreation Director John Keisler, who was answering charges by Mr. Flannell concerning the proposed park in the Rancho Grande subdivision. Mr. Flannell accused Mr. Keisler of "duplicity, false statements, divisiveness and misleading the city council." He said "bait and switch" tactics were being used. JENNIFER PETERSON, reporter for the Times-Press-Recorder, said a statement made by Mr. Keisler, in the newspaper article referred to by Mr. Flannell, was clarified in a newspaper article the following day. TRACY THOMAS, Parks and Recreation Commission chairperson, 1 386' CITY COUNCIL MINUTES DECEMBER 13, 1994 defended Mr. Keisler's actions and rebutted statements made by Mr. Flannell. She said monies used to purchase a skateboard ramp carne from monies raised by Mr. Keisler and his staff, working on their own time, at booths in the Harvest and Strawberry Festivals. She urged the public to not just look at Mr. Flannell's documentation, but to get all of the information. BILL MCCANN, 575 Crown Hill, supported Mr. Keisler and said some people have taken the route of almost "character assassination." Mr. McCann said the director has done an outstanding job in the Parks and Recreation Department. He said the department has been put on a paying basis. He suggested that the Oral Communications section of the Agenda, which says speakers are limited to three minutes, should be enforced. Mayor Dougall presented a proclamation naming December 14, '..../ 1994, "Eagle Football Day" to Arroyo Grande High School Football Coach JON HUSS and members of the 1994 football team, TONY ALLEN, CHAD JONES, DANNY NEFF, ANDY SOWELL, JARRETT GARIFE and CHRIS THORNBERRY. The team won the Division VII C.I.F. Championship by defeating Mira Costa, 16 to O. 5. PRESENTATION OF PLAOUE OF APPRECIATION TO CLEO SILVA. FORMER ,TRAFFIC COMMISSIONER Mayor Dougall presented the plaque to Ms. Silva in grateful recognition of her service on the Traffic Commission from August, 1985 to November, 1994. 6. CONSENT AGENDA It was moved by Souza/Brandy and the motion passed unanimously to approve Consent Agenda items 5.b. through 5.g. B.b. November 22, 1994; city Council Minutes. Approved. 6.c. December 7, 1994, Senior Advisory Commission Minutes. Information. 6.d. November, 1994, Investment Report. Information. O.e. Annual General city Audit, Ending June 30, 1994. Information. 5.f. Letter of Resignation from Camay Arad, Teen Advisory Committee member. Accepted with regrets. e.g. Liability Claim, John Davis, MLH Partnership VI. Claim rejected. 2 . 387 CITY COUNCIL MINUTES DECEMBER 13, 1994 6.a. November 22, 1994, City Council Minutes. Council Member requested that the fifth paragraph on Page 6 of the Minutes of November 22, 1994, be changed to read as follows: "During discussion of the motion, Council Member Souza said he supported the Arroyo Grande Fire Department one-hundred percent, but was concerned about spending $80,000 at this time. He said the City would be setting up a sinking fund basically for this equipment, but would be getting the equipment right up front. He said he was not ready to make that commitment. He said he would like to visit the proposal again when the Council looks at the 1995/1996 budget in Spring, 1995. Other Council Members approved the Fire Chief's recommendation." It was moved by Souza/Brandy, and the motion passed to approve the Minutes of November 22, 1994, with the correction. Voting aye Council Members Souza, Brandy and Lady. Mayor Dougall and Council Member Fuller abstained because they were not present at the meeting. .,~ .,' 7. REGISTER OF CHECKS It was moved by Lady/Brandy, and the motion passed unanimously to approve Cash Disbursements in the amount of $710,443.27, as listed on the December 8, 1994, staff report of Finance Director Bacon. 8.A. CONTINUATION OF PUBLIC HEARING - APPEAL OF CONDITION NO. 5 OF PLANNING COMMISSION RESOLUTION NO. 94-1488 THAT APPROVED CONDITIONAL USE PERMIT NO. 94-525. REGARDING TRANSPORTATION FACILITIES DEVELOPMENT IMPACT FEES: 106 WEST BRANCH STREET: DUANE ASHTON Planning Director Liberto-Blanck referred to her staff report of December 13, 1994, and said the Council could deny the appeal or reduce or waive the Transportation Facilities Development Impact Fees. She said, according to Resolution No. 3021, the fees for this project are $4,963.79. She said the Planning commission approved a Conditional Use Permit allowing conversion of 2266 square feet of storage area in an existing building to retail space on the second floor. She said one of the conditions of approval was that the Transportation Facilities Development Impact Fees be paid, and that was being appealed by the developer. 3 - 388 CITY COUNCIL MINUTES DECEMBER 13, 1994 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. MARK VASQUEZ, project coordinator, noted that the Planning Commission had not recommended denial of the appeal. The appellant also said he had agreed in general at the Planning Commission meeting to approval of the Conditional Use Permit, but had disagreed to the traffic fees. He said as a result of the appellant doing a seismic retrofit of the building, storage space was being converted to space for selling more antiques. He said because of access requirements through the lower floor, additional floor space is being created, but it will not mean more traffic...the same customers shopping on the first floor will shop on the second floor. He said the newly approved Design ~ Guidelines include statements about promoting the Village and encouraging business expansion. He asked for waiver of the Transportation Facilities Development Impact Fees. Council Members asked questions and made comments. Mayor Dougall asked if the appellant had been given credit for floor space lost due to the seismic retrofit. Mr. Vasquez said he did , v not believe credit had been given. When no one came forward to speak, Mayor Dougall closed the hearing to the floor. Council Members discussed the appeal at length, generally favoring the appellant's position. They agreed that business should be promoted in the City. There was concern about another different (not antiques) business being starting on the second floor of the building and the payment of the transportation fees. However, they did not want to slow up progress toward opening the second floor to retail sales. It was moved by Brandy/Souza, and the motion passed unanimously to direct staff to return with a resolution approving the waiving of the Transportation Facilities Development Impact Fees and allowing the issuance of a building permit as soon as the other conditions of approval are met, and that will occur before the resolution comes back for formal adoption by the Council. It was moved by Brandy/Lady, and the motion passed unanimously that prior to issuance of a business license for any business occupying the second floor separate from and with a different use than the business located on the lower floor of the 4 . 389 CITY COUNCIL MINUTES DECEMBER 13, 1994 building at 106 West Branch Street, Transportation Development Impact Fees shall be paid for the new business, and appeal could be made to the City Council. Council Member Lady said he hoped this sends a clear message again that the Arroyo Grande city Council is business friendly. 8.B. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 94-520: GENERAL PLAN AMENDMENT CASE NO. 94-001: PO REZONE CASE NO. 94- 002: RODEO DRIVE BETWEEN WEST BRANCH STREET AND MERCEDES LANE- APNS 007-011-046 AND 007-011-040: APPLICANT: COUNTY OF SAN LUIS OBISPO: AND COUNCIL ACTION REGARDING PLANNING COMMISSION RECOMMENDATIONS FOR LANDSCAPE SCREENING AROUND THE COUNTY'S MAINTENANCE YARD Planning Director Liberto-Blanck referred to her December 13, 1994, staff report, and said the Planning Commission recommended the following: 1. That the Council approve a resolution adopting a negative declaration, instructing the City Clerk to file a notice of determination and approving General Plan Amendment Case No. 94- 001; and 2 . Have the first reading of the ordinance adopting a negative . .declaration, instructing the city Clerk to file a notice of determination and approving P.O. Rezone Case No. 94-002. . 3 . continue the Lot Line Adjustment adoption until the second reading of the ordinance. At that time approve the resolution that adopts a negative declaration, instructs the city Clerk to file a notice of determination and approves Lot Line Adjustment Case. No. 94-520. 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. FOURTH DISTRICT SUPERVISOR RUTH BRACKETT said she has been in discussions with the County Engineering Department about the possibility of planting trees to screen the maintenance yard. She said the California Conservation Corps is putting in the irrigation system. She said she understood that the City has a tree bank. She said the San Luis Obispo County Engineering Department is fully ready to install the trees. She said the trees would be fast-growing and somewhat full. JIM MCGILLIS, representing the County General Services Department, said this is the culmination of an agreement the city 5 '-- 39a CITY COUNCIL MINUTES DECEMBER 13, 1994 Council signed with the Board of Supervisors that basically calls for the lifting of the deed restriction on the "five acres" the YMCA will use in return for a lot line adjustment without conditions. He said the County is more than willing to work with the City to do the landscaping, but he hoped it is not a condition of the lot line adjustment and more of a mutual respect matter. Council Member Brandy asked if Mr. McGillis knew if any of the neighbors had said what kind of trees they would like to see planted. Mr. McGillis said four people at the Planning commission were talking about pine trees. He said they also said they would not like to see a YMCA there either. Council Member Brandy said perhaps the trees could also screen the YMCA. He said, on the other hand, could there be future complaints about views being taken away. ,- Ms. Liberto-Blanck said Mr. Keisler would be meeting with General Services on December 14, 1994, and he had met with property owners. She said Mr. Keisler felt that a variety of trees would be needed. Council Member Lady said the property owners had met with Mr. Spierling on this matter. Mr. Spierling said he had met with ....... the four residents and went through all the documents with them. He said the last conversation he had with one of the residents was they were happy with the tree planting and the actions of the City and County. Council Member Fuller asked to what use the County would be putting the two acres it will keep. Mr. McGillis said it has not been decided by the County at this time. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. It was moved by Souza/Lady (5-0-0, Souza, Lady, Fuller, Burke and Dougall voting aye) to approve Resolution No. 3062 Adopting a Negative Declaration, Instructing the city Clerk to File a Notice of Determination, and Approving General Plan Amendment Case No. 94-001 Located on Rodeo Drive, Applied for by the County of San Luis Obispo. Mr. Christiansen read the title of the Ordinance Amending Title 9 of the Municipal Code by Relocating the Zone Boundary Between the PF and PO 1.3 Zoning Designations, Adoption of a Negative Declaration, and Instructing the city Clerk to File a Notice of Determination. 6 . . . 391 CITY COUNCIL MINUTES DECEMBER 13, 1994 It was moved by Souza/Brandy, and the motion passed unanimously to dispense with further reading of the ordinance. It was moved by Lady/Souza (5-0-0, Lady, Souza, Brandy, Fuller and Dougall voting aye) to have the first reading of the ordinance. Mayor Dougall said that constituted the first reading of the ordinance. It was moved by Souza/Lady, and the motion passed unanimously to authorize staff to work with the County Engineering Department on the tree planting to screen the County Corporate Yard, using native plants when possible and drought- tolerant plants. Mr. McGillis asked if the rezone or lot split would be held up in any way by the tree planting, and the Mayor answered in the negative. 9.A. CITY COQNCIL APPOINTMENTS LIST Mayor Dougall made the following appointments of Council Members to the various area boards and committees: South County Area Transit (SCAT) - Council Member Lady, delegate, and Mayor Dougall, alternate. v Council of Governments - Council Member Lady, delegate, and Mayor Dougall, alternate. City Selection Committee (Mayors') - Mayor Dougall, delegate, and Council Member Souza, alternate. South San Luis Obispo Sanitation District - Mayor Dougall, delegate, and Council Member Souza, alternate. Integrated Waste Management Authority (IWMA) Board - Council Member Fuller, delegate, and Council Member Lady, alternate. Zone 3 Water Advisory Board - Council Member Brandy, delegate, and Acting Public Works Director John Wallace, alternate. Air Pollution Control Board - Council Member Fuller, alternate, and Council Member Lady, alternate. Special Committees Agricultural Program - Council Member Souza, delegate, and Planning Director Liberto-Blanck, alternate. 7 392 CITY COUNCIL MINUTES DECEMBER 13, 1994 Rubbish Rate Increase - Council Member Fuller, delegate, and city Manager, alternate. Long Range Plan Committee - Council Member Souza, delegate, and Ms. Liberto-Blanck, alternate. Mobile Horne Rent Review Board - Council Member Souza, delegate, and the City Manager, alternate. 9.B. CITY TELEPHONE SYSTEM Mr. Christiansen referred to the December 9, 1994, Staff Reports of Finance Director Bacon, who requested authorization to proceed with review and selection of a new telephone system for the City offices. Mr. Christiansen said about a year ago, the Police Department put in a new phone system and is now saving about 17 and one-half percent over the previous system. He said in the new system there will be the capability of repairing any problems when incidents occur, thereby eliminating any down time such as the city experienced in the past. Council Members discussed changing phone numbers, disposal ."Y'. v of old equipment and the ability to track department calls. It was moved by Brandy/Fuller, and the motion passed unanimously to approve the new Centrex telephone system for city offices, as recommended by the Finance Director. Mr. Bacon said he would be corning back to the Council with more complete reports on telephone systems for service area and equal access national carrier long distance calls. 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS Council Member Brandy said he had attended a meeting of the Area Agency on Aging. He said there may be monies available to the city, if application is made. He said he would like direction and support of his attendance at the Triple A meetings. He said perhaps the Senior, Traffic and Parks and Recreation commissions could provide information, advice and assistance to him. Mr. Christiansen said staff would provide information on the Senior Taxi Subsidy Program to Council Member Brandy. Mayor Dougall said this sounded like a good program in which to participate, and asked Council Member Brandy to attend the Triple A meetings. 8 I I " 393 . CITY COUNCIL MINUTES DECEMBER 13, 1994 12. CLOSED SESSION Mayor Dougall said there would be a closed session on, "Anticipated Litigation: Government Code section 54956.9 (b) ( 1 ) . " 13. ADJOURNMENT Mayor Dougall said the Council would adjourn to December 16, 1994, 11:30 A.M., for the Awards Program for Employees' Service Recognition. It was moved by Brandy/Lady, and the motion passed unanimously to follow tradition and cancel the December 27, 1994, meeting of the city council. The Council adjourned at 9:30 P.M. to the Closed Session. The council reconvened at 10:30 P.M. and immediately adjourned the meeting. No action was taken on the Closed Session item. A. .".... v ATTEST: -'11~O.~ NANCY A. AVIS, CI~Y CLERK 9 '-