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Minutes 2000-12-12 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 12, 2000 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:36 p.m. 2, ROLL CALL City Council: Council Members Runels, Dickens, Lubin, Mayor Pro Tem Ferrara, and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Chief of Police TerBorch; Director of Building and Fire Fibich; Director of Financial Services Snodgrass; Director of Parks, Recreation, and Facilities Hernandez; Acting Community Development Director Heffernon; Assistant Planner McClish; Public Works Supervisor Taylor; and Director of Public Works Spagnolo. 3. FLAG SALUTE Members of the Cub Scout, Webolos, Den 9, Pack 13 led the Flag Salute. 4. INVOCATION Pastor Paul Jones delivered the invocation. 5, SPECIAL PRESENTATIONS None. 6, AGENDA REVIEW None. 6.a, Resolutions and Ordinances Read in Title Only Council Member Dickens moved, Council Member Runels 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 Chuck Fellows, Chairman of Preserve the Village (PTV), explained that PTV was founded on October 30, 2000 by seventeen members of the community who are alarmed about the changes taking place in the Village. He said PTV now has over one hundred members who are very concerned that the Village is being irreparably CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 2 changed. He referenced the 1999 General Plan Survey in which 87% of the respondents want the Village to be maintained as it is; and quoted from the City's Design Guidelines for Historic Districts regarding the protection of historic districts, homes, and businesses in the Village. He said the mission of the PTV is to enhance and preserve the Village and that among six main goals, its primary goal is the preservation of historic structures. He expressed concern over the existing project at the west-end of the Village and the proposed project at the east-end of the Village. He stated the PTV was opposed to the destruction or moving of the historic structures located at the east-end of the Village. Mr. Fellows submitted a petition for the record entitled "Save the E.C. Loomis Building" with approximately 543 signatures. Scott Walkenheim, PTV Vice President, spoke of the significance of Maude's House and the E.C. Loomis building and the potential loss of history if they are moved or destroyed. He requested the Council join the efforts of the PTV. Lynn Parks, Arroyo Grande resident, spoke in favor of preserving the Village and supported the efforts of the PTV. Virginia Rogers, Brasil's Jewelers, spoke on behalf of "Garnet", an art sculpture in front of the new Village Centre, and explained that the sculpture would only be displayed for six months. She submitted a petition for the record in favor of the sculpture with approximately 24 signatures. Terry Payne, 212 Miller Way, stated she was personally offended by the art. She asked the following questions: 1. Is there a sign permit?; 2) Did it go to the Architectural Review Committee to be approved?; and 3) At the end of six months, will it go back to the Architectural Review Committee to be reviewed and approved? She stated that this was not historic art, and she would appreciate a response to her questions. City Manager Adams responded that the art was placed on private property and the City did not review the statue itself. He explained there was approval, under the sign permit regulations, for a rotating art project, however, since the project was on private property, the City was somewhat restricted due to freedom of speech issues. He stated the City had met with the developer to discuss the issue, and he would be required to submit a program for approval on how art would be selected in the future. He explained that City staff was currently working with County staff to set up an art program for the City and would bring back recommendations to the Council in January. Richard DeBlauw spoke and stated he was one of the owners of the Loomis property. He responded to comments made by the PTV group and asked them not to pre-judge the project. He said he had plans to redevelop the property. He stated he would be holding workshops on the site and was asking for a fair review and evaluation of his project during the public hearings. . CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 3 Sandra Loomis Kobasi, PTV member, gave a family history of the Loomis house. She said she was familiar with the condition of the house; however, it could be saved. She suggested that it would make a good Bed and Breakfast Inn. She spoke in favor of preserving the Loomis house due to its historical significance. Nancy Loomis, 220 Miller Circle, spoke in favor of preserving the Village. 8, CONSENT AGENDA Council Member Dickens requested that Item 8.1. be pulled for discussion. Council Member Lubin requested that Item 8.j. be pulled for discussion. Council Member Runels requested that Item 8.g. be pulled for a separate roll-call vote. Mayor Pro Tem Ferrara moved and Council Member Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.g. and 8.j., with the recommended courses of action: 8,a Cash Disbursement Ratification, Action: Approved listing of cash disbursements for the period November 16, 2000 through November 30,2000. 8,b, Statement of Investment Deposits, Action: Received and filed the report of current investment deposits as of November 30, 2000. 8,c, Annual Financial Report - Fiscal Year 1999-00 Receipt and Use of Water and Sewer Development Fees/Charges, Action: Accepted and filed the annual report in compliance with Government Code Section 66013. 8,d, Minutes of the City Council Meeting of November 28, 2000 and Special City Council Reorganization meeting of December 4, 2000, Action: Approved as submitted. 8.e, Rejection of Claim Against City - V, Moon, Action: Rejected claim. 8.f, Cancellation of December 26, 2000 City Council Meeting, Action: Approved cancellation of meeting. 8,h, Adoption of an Ordinance Amending Chapter 3, Title 10 of the Arroyo Grande Municipal Code - Community Tree Program. Action: Adopted Ordinance No. 521 amending Chapter 3, Title 10, of the Arroyo Grande Municipal Code - Community Tree Program. 8.i, Fair Oaks AvenuelTally Ho Road Overlay Project, Project No, PW-2000-3, Progress Payment No, 4, Action: Authorized Progress Payment NO.4 in the amount of $269,548.56 to R. Burke Corporation for the Fair Oaks Avenuerrally Ho Road Overlay capital improvement project. CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 4 8,k, Disadvantaged Enterprises Program (DB E) for FFY 2000/01 Action: Approved the submittal of the City's FFY 2000/01 DBE Program with "established" overall annual DBE goals to Caltrans. AYES: Ferrara, Lubin, Runels, Dickens, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 8.1, Reclassification of Office Assistant II to Building Permit Technician Recommended Action: Adopt Resolution reclassifying the Office Assistant II assigned to the Division of Building and Life Safety to Building Permit Technician. Council Member Dickens proposed modification of the recommendation to approve the reclassification of the position as a conditional appointment for one year or until the current employee obtains the ICBO Building Permit Technician certification. Following Council and staff discussion, Council Member Dickens moved to adopt a Resolution reclassifying the Office Assistant II to Building Permit Technician with the modification that it be a conditional appointment for up to one year or until the employee in the position acquires the proper certification, and further establish the salary range for the position at Range 22, SEIU. Council Member Runels seconded the motion. There was further discussion and clarification regarding the certification requirements, timing issues, and the potential implications for the incumbent employee. On the following roll-call vote, to wit: AYES: Dickens, Runels, Lubin, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 8.g, Appointment to Planning Commission Recommended Action: Approve Mayor Lady's recommendation to appoint Jim Guthrie to the Planning Commission, replacing Nanci Parker. Mayor Lady moved to appoint Jim Guthrie to the Planning Commission, replacing Nanci Parker. Mayor Pro Tem Ferrara seconded the motion, and on the following roll-call vote, to wit: CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 5 AYES: Lady, Ferrara, Dickens, Lubin NOES: Runels ABSENT: None There being 4 A YES and 1 NO, the motion is hereby declared to be passed. 8,j, Award of Contract for the Fair Oaks AvenueNalley Road Traffic Signal, Project No, PW-2000-7 Recommended Action: 1) Award contract for the Fair Oaks AvenueNalley Road Traffic Signal project to Lee Wilson in the amount of $108,652.50; 2) Authorize the City Manager to approve change orders not to exceed a contingency amount of $10,865 for use only if needed for unanticipated costs during the construction phase of the project; 3) Direct staff to issue the Notice of Award and Notice to Proceed; and 4) Appropriate $12,112 from the Traffic Signalization Fund. Council Member Lubin asked questions relating to the bid process; how many bid packets were distributed; and if there were any competing firms that could have bid the project. Director of Public Works Spagnolo explained the bid process for Public Works construction projects, which complied with the Public Works Contracts Code. He explained that for this project, there was only one firm that picked up plans for the project. Director Spagnolo further explained that there was only one local firm that provided this type of work, and competing firms were located outside of the area. He stated that the bid for this project was reviewed and found to be acceptable. Council Member Lubin moved to approve staff's recommendations. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9, PUBLIC HEARINGS 9,a. Proposed Ordinance Establishing Maximum Building Size for Commercial Uses, Mayor Pro Tem Ferrara made the following statement regarding conflict of interest. He stated the southwest curbline of Rancho Parkway is 282 feet away from his residence and he is closest to the Marshall's store. He said that this issue has become focused on Wal-Mart and his home is 1,721 feet from Wal-Mart and out of his viewshed. He said CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 6 based on this, the proposed expansion of Wal-Mart would have no material impact on his home. He offered the statement as an indirect matter for the record as the item before Council applies to the City at-large. He further stated that he has written documentation from the Fair Political Practices Commission establishing a precedence for actions in which he participated regarding Five Cities Center which determined that ministerial decisions do not constitute a conflict of interest. He said that the decision he renders on this item would be consistent with the City's General Plan, Development Code, specific to size, scale, and intensity of use, as well as the provisions requiring pleasing transitions. Based upon the above and the content of his statement, Mayor Pro Tem Ferrara said it was his intention to fully participate in the consideration of this item. Assistant Planner McClish presented the staff report. She explained that the proposed ordinance sets a maximum building size limit of 102,500 square feet applicable only to retail stores or businesses in the General Commercial, Office, and Highway Commercial Districts, and a building size limit of 30,000 square feet in the Village Commercial District. Staff recommended the Council introduce an Ordinance amending portions of Title 9 of the Municipal Code to Establish Maximum Building Size for Commercial Uses. Mayor Lady opened the public hearing. Colin Johnstone, Wal-Mart Manager, spoke in opposition to the proposed ordinance. He stated that 1) There have been no studies or findings of fact offered to support this particular square foot limitation; 2) How can it be fairly translated to prove the ordinance will enhance the safety and welfare of the community in a way that land-use policies are supposed to; 3) The proposed ordinance would directly and adversely affect the ability of Wal-Mart to provide its customers with the goods and services they need and request; 4) Asked what the difference was between a single commercial building of 102,500 square feet and multiple buildings separated by common walls; 5) The proposed ordinance may discourage owners from remodeling and enhancing their buildings; 6) Stated that Wal-Mart does not have sufficient space for a garden center or nursery, which restricts their ability to offer broader product selections; 7) Has received an enormous number of requests from customers for an expansion of the garden center which is proposed not in building pad A-2, but in approximately 4,000 square feet on the north side of the building adjacent to the loading docks; and 8) Spoke about the community involvement and donations from Wal-Mart Associates to various causes and organizations. Joy Brehm, Arroyo. Grande resident and Wal-Mart Associate, spoke about her involvement in community and youth activities and fund raising efforts. She supported Wal-Mart and spoke in opposition to the proposed ordinance limiting commercial building square footage to a maximum of 102,500 square feet. Mayor Lady clarified that the proposed ordinance has no effect on Wal-Mart because there was a condition already in effect on Wal-Mart and the Five Cities Center CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 7 eliminating any growth in excess of 102,500 square feet. He explained that the proposed ordinance would be implemented City-wide. Gerald Craig, Wal-Mart Associate, supported Mr. Johnstone's comments and spoke in opposition to the proposed ordinance. Mary Dominguez, Wal-Mart Personnel Manager, spoke in opposition to the proposed ordinance. Ross Kongable, Arroyo Grande resident, responded to comments made by the public and spoke in opposition to the proposed ordinance. Kathy Hughes, Arroyo Grande resident, stated that this was not a Wal-Mart issue, it was related to the development of the City. She stated that the focus should be on what the people have said they wish to see in the community. She spoke in opposition to the proposed ordinance. Todd Kent, San Luis Obispo County resident, spoke in opposition to the proposed ordinance and stated that ordinances in San Luis Obispo County limit what's available to the consumer and people have to travel to Santa Maria to shop. He stated this results in a loss of tax dollars to the City. Mary Hughes, 1160 Dolliver, Pismo Beach, spoke in opposition to the proposed ordinance. Richard DeBlauw spoke in favor of the proposed ordinance. Ray Abdener, Arroyo Grande resident, spoke in favor of the proposed ordinance. Roger Moss, Pacific Bridge Commercial Real Estate, represents the ownership of the Five Cities Center. He acknowledged that the issue of expanding the Wal-Mart store was not before Council tonight. However, he clarified that Wal-Mart does not have ownership interest of the land and occupies the space under a long-term lease. He stated the lease allows them the right, subject to the City's approval, to expand the store. He spoke further about issues related to the retail market, and as a retail real estate practicitioner, explained the reasons that he and the owners of the Five Cities Center opposed the proposed ordinance. Terry Payne, 212 Miller Way, asked what the current maximum square footage was for commercial buildings. Acting Director Heffernon responded there was currently no maximum size regulations for commercial buildings. CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 8 Terry Payne asked about the development review process and asked why projects couldn't be considered on a case-by-case basis as it has been done in the past. Gerald Craig spoke again in opposition of establishing maximum square footage for commercial buildings. Jan Scott, Arroyo Grande resident, spoke about preserving the small town character of the City and stated she was in favor of the proposed ordinance. Hearing no further public comments, Mayor Lady closed the public hearing. Council Member Dickens stated the proposed ordinance would help guide the future of the City and maintain the assets of the community. Atter re$ponding to some of the public comments, Council Member Dickens said he agreed with the findings in the ordinance, specifically, #2 and #5, and stated he would support the ordinance. Mayor Pro Tem Ferrara responded to public comments and stated he would base his decision on the City's policy documents that were in place such as the General Plan, Development Plan, and Economic Development Strategy. He stated he would support the ordinance based on the existing laws and policies of the City in order to maintain the character of the City. Council Member Runels asked how the proposed ordinance would affect the car dealerships and lumber yards that are within the City should they wish to expand their offices. Assistant Planner McClish responded that the ordinance would not affect these businesses unless they built a building that exceeded 102,500 square feet. She said the ordinance addresses the maximum size of buildings and structures. Council Member Lubin asked questions of staff regarding pad A-1 and A-2 in the Five Cities Center. He stated that the proposed ordinance would affect an expansion of Wal- Mart and any future building projects in the City. He spoke in support of the proposed ordinance stating that the size of commercial buildings in Arroyo Grande should be restricted. Mayor Lady commented that small town character is very important to Arroyo Grande. He clarified that there was a condition already in place restricting the size of buildings in. the Five Cities Center to 102,500 square feet. He stated the proposed ordinance was not intended to be site or tenant specific and it would apply City-wide. He spoke in support of the ordinance. CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 9 Mayor Pro Tern Ferrara moved to introduce an Ordinance amending portions of Title 9 of the Municipal Code to Establish Maximum Building Size for Commercial Uses. Council Member Lubin seconded the motion, and on the following roll call vote, to wit: AYES: Ferrara, Lubin, Dickens, L~dy NOES: Runels ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 9,b, Public Hearing Concerning Use of Federal 2000 Local Law Enforcement Block Grant Funds. Chief of Police TerBorch presented the staff report. He explained the program and recommended allocating $'5,000 to the South County Youth Coalition for Crime Prevention Services; $7,000 for seven (7) Radio Alert Transmitters; and $1,691 for Supplies for Volunteer Programs. Staff recommended after conducting a public hearing and making any modifications, the City Council approve the expenditure of $13,691 as authorized by the Federal 2000 Local Law Enforcement Block Grant (LLEBG) Program. Council Members asked questions regarding the radio transmitters, and also the program's funding methods. Chief TerBorch explained that Arroyo Grande would be the second agency in California to install radio transmitters in patrol units. He stated that the media has been contacted to encourage public education about the transmitters and how they work. Chief TerBorch further explained that the City's required funding match of $1,369 was included in this year's budget. Mayor Lady opened the public hearing. Upon hearing no comments, Mayor Lady closed the public hearing. Council Member Runels moved to approve an expenditure of $13,691 as authorized by the Federal 2000 Local Law Enforcement Block Grant (LLEBG) Program. Mayor Pro Tern Ferrara seconded the motion, and on the following roll call vote, to wit: AYES: Runels, Ferrara, Dickens, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 10 g,c, Approval of the Draft Urban Water Management Plan Update, Director of Public Works Spagnolo presented the staff report.. Staff recommended the Council adopt the resolution approving the draft Urban Water Management Plan Update. Public Works Supervisor Taylor was available to answer questions. Council Member Lubin referred to page 8 of the Urban Water Management Plan and asked for clarification that there is an expected annual growth rate in population of approximately 0.9%. Director Spagnolo responded that was correct. Council Member Lubin referred to footnote #2 on page 10 and asked for clarification. Supervisor Taylor explained the charts on page 10 depicting past water use for years 1975-1995, and current and projected water use for years 2000-2015, stating that water production was lower in 1995 due to the EI Nino storms. Mayor Pro Tern Ferrara referred to page 8 and asked for clarification on the build-out population figure of 18,500 projected to be reached in 2015. Director Spagnolo responded that the population data was based on the City's Long Range Planning Report dated November 1995. Mayor Pro Tern Ferrara stated that the City currently has a population of between 16,000 and 17,000. He stated there were three housing projects currently underway and once they were developed and occupied, it appeared that the City would be very close to the build-out population of 18,500. He asked how this would affect the projections in the report. Director Spagnolo explained that the report projects that the City should have adequate water supplies to meet the community's needs through 2015. He stated that the Urban Water Management Plan is updated every five years in order to analyze the projected numbers. He commented that it was more important to update the Water Master Plan as the population changes. Mayor Pro Tern Ferrara suggested the report be based on more accurate population figures and asked if staff could go back and look at occupancy projections for the housing projects in progress and update the projections in the Plan. Director Spagnolo stated staff could do that. He stated that the City was required to submit the Urban Water Management Plan to the State Department of Water Resources by December 31st. He suggested that staff could update the Plan again in one year when more accurate population projections were available. He said once updated, the Plan could then be resubmitted to the State. CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 11 Further discussion included submitting the Plan to the Department of Water Resources as a draft document, having staff estimate revised population figures based on new development projects, updating the Plan, and coming back to the Council in 90 days to approve a Final Plan. Council Member Dickens asked if the Urban Water Management Plan was synonymous with the Water Master Plan. Director Spagnolo responded that was correct. Council Member Dickens requested bringing back both documents to Council to ensure consistency. Mayor Lady opened the public hearing. Upon hearing no comments, Mayor Lady closed the public hearing. Council Member Runels moved to approve the Urban Water Management Plan in draft form for submittal to the California Department of Water Resources, direct staff to update the current population, projected population, and growth rates, and bring the Plan back to the Council in 90 days with updated data for final approval. Council Member Lubin seconded the motion, and on the following roll call vote, to wit: AYES: Runels, Lubin, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10, CONTINUED BUSINESS 10.a, East Grand Avenue Master Plan Public Participation Format. City Manager Adams presented the staff report. Staff recommended the Council provide direction and feedback on the proposed agenda format for the East Grand Avenue Master Plan public workshop and process. Council and staff discussion included how to facilitate the process; potential location of the workshops; encouraging the direct involvement of Council Members to work in conjunction with staff, the Chamber of Commerce, and the community on each workshop issue; methods on how to conduct the workshops; who would facilitate the workshops, and involving the Planning and Traffic Commission Members. Mayor Pro Tem Ferrara proposed that he and Council Member Dickens could assist with facilitating the issues relating to the information gathered in the community surveys; Council Member Lubin could assist with the issues dealing with the business climate on CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 12 East Grand Avenue due to his business background; and that the Community Development Department could take the lead to facilitate the discussion on the Master Plan Overlay Segments. Council Member Runels encouraged the participation and involvement of all the business owners on Grande Avenue. Heather Jensen, Executive Director, proposed that the Council consider conducting an early morning workshop in order to accommodate the business owners. Following discussion, staff was directed to schedule two workshops, one in the morning to accommodate business owners and one in the evening to be held at the Woman's Club Community Center or the South County Regional Center. There was consensus that Mayor Pro Tem Ferrara would serve as the facilitator/presenter for the first topic, which will focus on better defining responses to the General Plan survey; Council Member Lubin would serve as the facilitator/presenter for the second topic, which will address businesses and uses the community feels would be successful, unsuccessful, and desirable to meet their needs; and staff would facilitate the third topic, which will address the Master Plan Overlay Segments. 11, NEW BUSINESS 11,a, Appointment of Council Members to Various Boards, Commissions, and Committees. City Manager Adams presented the staff report. Staff recommended the Council make appointments to those Boards, Commissions, and Committees with Council representation. The following appointments were made: AGENCY PRIMARY SECONDARY South County Area Transit (SCAT) Sandy Lubin Mike Lady Staff Representative: City Manager Council of Governmentsl Jim Dickens Tony M. Ferrara Regional Transit Authority (SLOCOG/SLORT A) Staff Representative: Public Works Director! Community Development Director City Selection Committee (Mayors') Mike Lady Tony M. Ferrara Staff Representative: Not Applicable CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 13 AGENCY PRIMARY SECONDARY South San Luis Obispo County Mike Lady Thomas A. Runels Sanitation District (SSLOCSD) Staff Representative: Not Applicable Integrated Waste Management Tony M. Ferrara Thomas A. Runels Authority Board (IWMA) Staff Representative: Community Development Director Zone 3 Water Advisory Board Thomas A. Runels Jim Dickens Staff Representative: Public Works Director County Water Resources Thomas A. Runels Jim Dickens Advisory Committee (WRAC) Staff Representative: Public Works Director Economic Vitality Corporation Sandy Lubin Jim Dickens (EVC) Staff Representative: City Manager/ Economic Development Director Air Pollution Control District Tony M. Ferrara Thomas A. Runels Board (APCD) Staff Representative: Not Applicable Economic Opportunity Jim Dickens Tony M. Ferrara Commission (EOC) Staff Representative: Not Applicable South County Youth Coalition Jim Dickens Sandy Lubin Staff Representative: Chief of Police/ Director of Parks, Recreation and Facilities Long Range Planning Committee Tony M. Ferrara Not Applicable Staff Representative: Community Development Director Community Recreation Center Jim Dickens Not Applicable Subcommittee Staff Representative: Director of Parks, Recreation and Facilities 11.b. Process for City Council to Appeal Planning Commission Decisions Pursuant to Section 1-4,05 of the Municipal Code, Acting Community Development Director Heffernon presented the staff report. Staff recommended the Council direct staff to implement the appeal process pursuant to CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 14 Arroyo Grande Municipal Code Section 1-4.05, et.seq., which states that the City Council may appeal any decision made by a City Commission. City Manager Adams clarified that this provision was currently in place and could be used in the interim until staff could develop alternatives for Council consideration of which types of development projects are to be designated for Council final review and approval. Mayor Pro Tem Ferrara reviewed the discussion that took place at the last Council meeting regarding this issue. He stated the Council should be reviewing major projects that have the potential for significant impacts to the community. He stated that the current provision allows the Council the opportunity to look at significant projects on a case-by-case basis through an appeal process. Council Member Runels commented that in the proposed process, a hearing would be set within 60 days of the City Council appeal. He said this was too long and further delays projects. Council Member Lubin commented that with his experience on the Planning Commission, he was not convinced that further Council hearings would have changed the outcome of certain projects. He expressed concerns about micro-managing, taking away authority from the Planning Commission, and increasing the Council's workload. He supported the use of the current provision for appealing decisions made by the Planning Commission and was concerned about amending the Development Code to add specific projects for Council review and approval. Council Member Dickens responded that the difference was that the Council has the accountability if it approves a project. He was in favor of the appeal process and stated it would be worthwhile to look at amending the Development Code to require Council review and approval of certain projects. Mayor Lady opened up the discussion for public comment. Nan Fowler, 630 Cerro Vista Circle, expressed concerns about the time involved and that adding layers to government adds to the cost of any project. She said if the Council was not going to utilize the five Commissioners that it has appointed, why even have a Planning Commission. She said the Council has the appeal process available. John Keen, Planning Commissioner, was in favor of approving the process outlined for implementing the appeal provision. He said the Council and the Planning Commission were not aware of the current provision and it has been made clearer. He stated if the Council begins to hear projects, it will impact the time of staff, the applicant, and the Council because testimony will have to be heard again. He suggested creating a schedule to appoint a rotating Council Member to attend Planning Commission meetings and give a report at the next Council meeting. CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 15 There was further discussion about the development review process. Acting Director Heffernon suggested that the development application could be amended to include the potential appeal of Planning Commission decisions by the City Council on major projects, thereby giving applicants clear notice of this process. Mayor Lady stated he was not supportive of taking away approval authority from the Planning Commission. Mayor Pro Tem Ferrara asked if there were any limitations on the use of the provision. City Attorney Carmel replied that the provision could be used at the Council's discretion at any time. Bill Tappan, Arroyo Grande resident, commented there was a period of time several years back when the process was drawn out and the Council at that time decided the City needed to be more business-friendly and streamlined the development approval process. He was in favor of amending the development application checklist. City Attorney Carmel suggested it might be helpful for the Council to see how other cities in the County are handling these issues and at what level Planning Commission final decision making authority commonly exists and then revisit the issue. There was consensus to implement the process for appealing Planning Commission decisions, to direct staff to revise the development application checklist to include the potential appeal of Planning Commission decisions by the City Council on development projects, and to direct staff to report back to the Council on what level of final approval authority Planning Commissions have in other San Luis Obispo County cities. 11.c. Proposed Contract with County of San Luis Obispo for Automation Support. City Manager Adams presented the staff report. Staff recommended the Council approve and authorize the City Manager to execute the Service Level Agreement with the County of San Luis Obispo for automation support. It was further proposed the City's existing computer technician position remain vacant and be eliminated in next fiscal year's proposed budget. John Wade, Director of Information Services Division for San Luis Obispo County, stated the County provides service to several public service organizations. He gave an overview of his department and explained the Service Level Agreement. Following discussion, Council Member Runels moved to approve an Agreement with the County of San Luis Obispo for automation support. Council Member Dickens seconded the motion, and on the following roll call vote, to wit: CITY COUNCIL MINUTES DECEMBER 12, 2000 PAGE 16 AYES: Runels, Dickens, Lubin, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12, COUNCIL COMMUNICATIONS Council Member Runels stated he had received a comment from a citizen that the podium blocks the view of the Council from the audience. He proposed moving the podium off to the side. 13. STAFF COMMUNICATIONS - City Manager Adams reported the following: _ Gave an update on the situation with the electricity shortage and reported on efforts the City was undertaking to encourage the community to conserve energy; - Reported on the General Plan Update; and _ Announced that the City's Holiday Luncheon was being held on ,Friday, December 15th and encouraged Council Members to attend. . 14, ADJOURNMENT Mayor Lady adjourned the meeting at 11 :43 p.m. to the next Regular City Council meeting of January 9,2001. ~ ~-' Michael A. Lady, Mayor ~ ATTEST: (ld() ItY..-- irector of Administrative Servicesl Deputy City Clerk I