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HomeMy WebLinkAboutMinutes 2004-03-09MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, MARCH 9, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:20 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Costello, Mayor Pro Tern Lubin, and Mayor Ferrara were present. RDA: Board Members Runels, Dickens, Costello, Vice Chair Lubin, and Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Community Development Director Strong, and Associate Planner Kelly Heffemon. 3. FLAG SALUTE Members of Su Ro Li Sta, Camp Fire Club led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation Recognizing March 18, 2004 as Absolutely Incredible Kid Day. Mayor Ferrara presented an Honorary Proclamation recognizing March 18, 2004 as Absolutely Incredible Kid Day. Member of the Su Ro Li Sta Camp Fire Club accepted the Proclamation. 5.b. Proclamation Recognizing March as American Red Cross Month. Mayor Ferrara presented an Honorary Proclamation recognizing March 2004 as American Red Cross Month. Ben Hall, representing the American Red Cross, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Title Only Mayor Pro Tern 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. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 2 S. CONSENT AGENDA Mayor Pro Tern Lubin requested that Item 8.d. be pulled fora separate roll -call vote. Council Member Runels requested that Item 8.g. be pulled for questions. Mayor Pro Tern Lubin moved, and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 81, with the exception of Item 8.d., with the recommended courses of action. The motion carried unanimously on the following roll -call vote: AYES: Lubin, Dickens, Runels, Costello, and Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period February 16, 2004 through February 29, 2004. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of February 29, 2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of February 24, 2004 as submitted. 8.e. Consideration to Approve Final Parcel Map AG 99-177; Subdividing One (1) Parcel Into Two Residential Parcels Located at 1254 Poplar Street. Action: Approved Final Parcel Map AG 99-177, subdividing 0.50 acres into two (2) residential lots, each approximately 10,000 square feet. 81 Consideration of Appointment to Senior Advisory Commission. Action: Approved the appointment of Ross Kongable to the Senior Advisory Commission as recommended by Mayor Ferrara. 8.g. Consideration of Resolution Accepting Negotiated Exchange of Property Tax Revenue and Tax Increment for Annexation No. 29 to the City of Arroyo Grande (St. John's Church), Los Berros and Valley Roads. Recommended Action: Adopt a Resolution accepting negotiated exchange of property tax revenue and annual tax increment between the County of San Luis Obispo and the City of Arroyo Grande. In response to a question by Council Member Runels regarding Item 8.g., Community Development Director Strong clarified that a portion of the Los Berros creek channel east of Valley Road to the boundary of the Church would be included in the proposed annexation; however, there would be no City responsibility for maintenance of the creek. Council Member Runels moved to adopt Resolution No. 3737 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ARROYO GRANDE. Council Member Dickens seconded, and the motion carried on the following roll -call vote: CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 3 AYES: Runels, Dickens, Lubin, Costello, and Ferrara NOES: None ABSENT: None Mayor Pro Tern Lubin declared a conflict of interest on Item 8.d. due to real property ownership near the project and stepped down from the dais. 8.d. Consideration of Acceptance of the Rancho Grande Park Improvements, Project No. PW 2002-03. Recommended Action: 1) Accept the improvements constructed by Herrera Engineering, Inc. in accordance with the plans and specifications for the Rancho Grande Park Project; 2) Direct staff to file a Notice of Completion; and, 3) Authorize release of the unencumbered portion of the final progress payment and 10% retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. Council Member Runels moved to approve staffs recommendations for Item 8.d., Council Member Dickens seconded, and the motion carried on the following roll -call vote: AYES: Runels, Dickens, Costello, and Ferrara NOES: None ABSENT: Lubin Mayor Pro Tern Lubin returned to the dais 9. PUBLIC HEARINGS: 9.a. Consideration of Appeal of Planning Commission Denial of Condition No. 43, Tract No. 2275 Regarding Underground Utilities; James Dotson, Applicant. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution denying the appeal and upholding the action of the Planning Commission to require certain overhead utilities be placed underground for Tract Map 2275. Director Strong responded to questions from the Council regarding the basis for the appeal, whether the applicant accepted the condition in the original Tract Map approval, and technical questions regarding undergrounding of the poles. Mayor Ferrara opened the public hearing. Jim Dotson, applicant/appellant, explained why he was not present at the Planning Commission hearing; stated that he would be willing to remove one of the two poles, leaving the utility pole that presently supplies service to the Wildwood Ranch community; explained that the price charged to remove this pole was too costly; and requested the Council consider waiving the requirement to remove said utility pole. He referred to a letter and accompanying photos from Nikolai Alexandrov, resident of Wildwood Ranch, (on file in the Administrative Services Department) which stated that the power lines and poles do not spoil the view he has from his property. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 4 George Roach, representing Wildwood Ranch Homeowners Association (HOA), spoke in opposition to the requested waiver and the applicant's new proposal to remove only one pole. He requested the Council uphold the original requirement and reject the appeal. Don Parker, Plata Road, stated unless there were some technical reason for undergrounding the utilities, that the poles were not particularly noticeable and that the City should not require the applicant to remove them. Ron Olson, Platino Lane, supported the applicant's request and stated he did not understand why the applicant was required to remove the poles. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council questions and discussion ensued regarding the City's policy for undergrounding utilities; clarification regarding the location of the two poles to be removed; and concerns regarding the cost provided by PG&E to remove both poles. There was a suggestion to direct staff to send a letter to PG&E to inquire if anything could be done to reduce the applicant's cost to underground the pole that serves the existing Wildwood Ranch development. City Manager Adams explained that staff was currently working on the establishment of an Underground Utility In -Lieu Fee policy for future consideration by the Council; however, he stated that he did not think the proposed policy would apply to this project. Upon request by a member of the audience, Mayor Ferrara reopened the Public Hearing. George Roach, representing Wildwood Ranch HOA, reiterated its opposition to allow the existing power lines to remain above ground at Tract 2275 and urged the Council to require the power lines be placed underground as was originally approved. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Following further discussion, Mayor Pro Tern Dickens moved to adopt a Resolution as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL AND UPHOLDING THE ACTION OF THE PLANNING COMMISSION TO REQUIRE CERTAIN OVERHEAD UTILITIES BE PLACED UNDERGROUND FOR TRACT MAP 2275, LOCATED AT 801 HUASNA ROAD, APPLIED FOR BY JAMES DOTSON. Council Member Costello seconded the motion, and on the following roll -call vote: AYES: Dickens, Costello, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS: 10.a. Consideration of Status Report on the Courtland-Arroyo Grande, L.P. Senior Affordable Housing Project. [COUNCIURDA] CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 5 City Manager/RDA Executive Director Adams presented a status report on the Courtland- Arroyo Grande, L.P. Senior Affordable Housing Project. Mayor Pro Tem/Vice Chair Lubin commented that the original project had been approved in March 2002, and a significant amount of funds from the City's Affordable Housing In -Lieu Fee fund had been committed to the project. He commented that although he continued to support the project, he expressed concerns about the progress of the project and requested that staff keep the Council apprised regarding the issuance of the bonds and the status of the developer's financial commitments. He thanked staff for the status report. Mayor Ferrara acknowledged that the financial aspects of the project have been very complex; however, all the stakeholders associated with the project have done their best to bring to fruition an affordable senior housing project to meet the City's needs. The report was received and filed. 11. NEW BUSINESS: 11.a. Consideration of Pre -Application Review Case No. 04-003; Proposed Mixed -Use Planned Unit Development on the Former Loomis Property Consisting of the Two (2) Existing Residences, the Loomis Feed Warehouse, a New Office Building and Twelve (12) Duplex Residential Lots; 415 East Branch Street, DB&M Property, LLC. Associate Planner Heffemon presented the staff report and requested the Council review the project and provide direction and comments to the applicant. In response to a question by Mayor Ferrara, Associate Planner Heffemon provided clarification on the road abandonment issue relating to a portion of Le Point Street. Council Member Dickens inquired whether the revised project design would include a parkway/pedestrian access formerly referred to in the previous design as Tally Ho Creek Park. Associate Planner Heffernon stated that the applicant no longer has access to the property immediately adjoining the creek; however, there are opportunities within the project for providing an open space area near the residential portion of the project. Joe Boud, Joseph Boud and Associates, gave a brief overview of the project and spoke of site constraints including floodway setbacks, utility easements, the steep topography along Crown Terrace, and the retention of the historic resources. He also commented on the residential and commercial components, circulation and access through the project, and addressed the partial abandonment of Le Point Street. Council Member Dickens commented that the previous project included more commercial and office use than residential and this proposal has substantially more residential than commercial and office use. He inquired where the focus should be for the Village Core. Staff responded that there is no General Plan policy related to what specific mixed uses should be considered. He stated there was flexibility for determinations on a case -by -case basis. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 6 In response to concerns expressed relating to the partial abandonment of Le Point Street, Director Spagnolo explained that the City would like to retain the easement, which includes a 70-foot right-of-way, from Highway 227 to Tally Ho Road. He indicated that there could be a partial abandonment of up to 10 feet of the right-of-way. Council Member Dickens referred to the Pacific Coast Railroad right-of-way and stated it was considered an historic element and asked what efforts have been made to preserve the existing rail bed. Director Strong stated that the alignment of the utility easement and driveway coincide with the railway alignment and that a design treatment could be added identifying this historic element. Council Member Runels commented that the project would enhance the area more than anything he has seen proposed to date and that the project preserves the historical structures on the site. He supported retaining the right-of-way for future roadway; and supported the residential and commercial components. He supported the proposed project concept. Council Member Costello commented that the proposed project comes a long way in resolving some of the issues on the site, such as preserving the historic structures; he favored preserving the existing right-of-way; favored the concept of controlling the traffic flow with a gate within the project; liked the multiple level buildings situated against the hillside; favored one large commercial building; favored the concept of more residential, however, he expressed concern with a 420 square foot residential unit as being too small; and he does not favor locating a driveway between the warehouse and house. Overall, he expressed support for the proposed project concept. Mayor Pro Tern Lubin supported retaining the right-of-way and did not oppose reducing it to a 60-foot width; liked the increase in the residential component and sees it as in -fill; stated he was not opposed to the small units as they are defined as "studios"; favored the design concept that blends with the historical units; supported the shared parking concept; expressed some concern with access through the project and proposed traffic patterns; liked the idea of the creek side improvements that would be maintained by a Homeowners Association; and stated he was very impressed with the proposed project concept. Mayor Ferrara favored retaining the existing right-of-way and would support a 60-foot right- of-way; he would like to see some improvement on the circulation plan through the development; acknowledged the easement and the need to be cognizant of potential future use; acknowledged the Pacific Coast Railway and that it needs to be recognized with an identification marker, supported the 12,000 square foot commercial building with a tiered effect; acknowledged the preservation of the historic structures; favored promoting additional residential opportunities near or close to the Village Core; commented that this was a pedestrian friendly project and that most of the commercial use would front on E. Branch Street. He further encouraged rehabilitation of the historic buildings to encourage commercial occupancy. Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had received sufficient feedback and direction with regard to the proposed project. There was no action taken on this item. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 9, 2004 PAGE 7 12. CITY COUNCIL MEMBER ITEMS: None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS In response to a request from Council Member Dickens, Director Strong provided a status update on proposed County Tract 1798 and reported that staff would be providing written comments in response to the draft Environmental Impact Report regarding potential drainage, grading, and circulation impacts. Council Member Dickens requested that staff provide copies of the letter to the Council. 15. STAFF COMMUNICATIONS City Manager Adams announced that future public workshops would be held as follows: City Hall Complex Feasibility Study and Needs Assessment Workshop, March 251", 6:30 p.m. in the Council Chambers, 215 E. Branch Street; and a workshop on potential future land uses in the City's Sphere of Influence, March 30'h, 6:30 p.m. at the City of Arroyo Grande and Woman's Club Community Center, 211 Vernon Street. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande, commented that he had attended a meeting regarding the County Tract located by Vista del Mar and commented on issues relating to the El Campo Road access off of Route 101. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 9:40 p.m. 10 Tony A hair Kelly Wetm e, Qfrector of Administrative Services/ Deputy City Clerk/Agency Secretary (Approved at CC Meeting 3 d3-0