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Minutes 2007-10-09MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, OCTOBER 9, 2007 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 7:08 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Chuck Fellows, Jim Guthrie, Joe Costello, Mayor Pro Tem/Vice Chair Ed Arnold and Mayor/Chair Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works Don Spagnolo, and Associate Planner Kelly Heffernon. 3. FLAG SALUTE Bob Lund, Village Improvement Association, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Mayor Pro Tem Arnold seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. Lisa Quinn, representing SLO Regional Rideshare, announced annual campaign activities associated with "Rideshare Week" during October 15-19, 2007. She also announced a Safe Routes to School Workshop to be held in Grover Beach on October 23 and 24, 2007. Tim Brown, Allen Street, referred to recent sidewalk improvements on Poole Street and requested that the City install sidewalk improvements on Allen Street as part of the Capital Improvement Plan. He also said there was a section on the corner of Traffic Way and Allen Street that needs to be fixed and believed this area should be a priority in the sidewalk improvement project. Jessie Lemos, Mentone, commented on the recent band concert held in the parking lot at Wal-Mart and expressed concern that the noise could be heard from Grover Beach. 8. CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments received. Council Member Fellows pulled Item 8.f. Council Member Guthrie pulled Item S.e. Minutes: City CounciURedevelopment Agency Meeting page y Tuesday, October 9, 2007 Action: Mayor Pro Tem Arnold moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.d., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Arnold, Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2007 through September 30, 2007. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 11, 2007 as submitted. 8.c. Consideration to Approve Criteria to Prioritize Sidewalk Projects. Action: Approved the criteria for prioritizing sidewalk projects to be undertaken as part of the Capital Improvement Program. 8.d. Consideration of Approval of a Contract with the California Conservation Corps for the Demonstration Project to Remove Invasive English Ivy along the Arroyo Grande Creek. Action: Approved the proposed agreement between the City of Arroyo Grande and the California Conservation Corps in the amount of $15,000 for the removal of invasive English Ivy along the Arroyo Grande Creek between Mason Street and Bridge Street. 8.e. Consideration of 2007-08 Annual Report on the General Plan and Report on Remaining Program for Development Code Consistency. Recommended Action: Receive and file or set for City Council discussion at future regular meeting. Council Member Guthrie noted that the report was excellent and acknowledged the progress that was being made. He expressed concern about policy decisions made during consideration of a project and recommended that an update of the CEQA Guidelines, including thresholds of significance, be moved to the project priority list. Action: Council Member Guthrie moved to receive and file the report as amended to include an update of the CEQA Guidelines as a priority project. Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Fellows, Costello, Arnold, Ferrara NOES: None ABSENT: None Minutes: City CounciURedevelopment Agency Meeting Tuesday, October 9, 2007 Page 3 8.f. Consideration of Temporary Use Permit Case No. 07-019, Authorizing No Parking on East and West Branch Street, the Closure of Short Street at East Branch Street between Traffic Way and Mason Street on Wednesday October 31, 2007 for "Halloween in the Village". Recommended Action: Approve Temporary Use Permit Case No. 07-019 and approved Option A by adopting a Resolution authorizing no parking on East and West Branch Street, the Closure of Short Street at East Branch Street and the use of safety measures on East and West Branch Street between Traffic Way and Mason Street for "Halloween in the Village" to be held on October 31, 2007. Council Member Fellows stated he could support Option A; however, he suggested moving the delineators out two feet from the curb to avoid pedestrian congestion on the curb. Discussion ensued concerning traffic, signage, and public safety issues. Mayor Pro Tem Arnold suggested supporting Option A as recommended this year and re-evaluating the situation and safety measures next year based on a review of the event. Action: Mayor Pro Tem Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 07-019 AND AUTHORIZING THE CLOSURE OF SHORT STREET AT EAST BRANCH, IMPLEMENTING NO PARKING ON BRANCH STREET AND USE OF SAFETY MEASURES ON WEDNESDAY, OCTOBER 31, 2007 FOR "HALLOWEEN /N THE VILLAGE" with direction to the Police Department to use flashing signs as deemed necessary. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Fellows, Costello, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARING 9.a. Consideration of Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase and Franchise Extension. City Manager Adams presented the staff report and recommended the Council: 1) Adopt a Resolution approving South County Sanitary Service, Inc. integrated solid waste collection rate increase; and 2) Approve the First Amendment to the Solid Waste Franchise Agreement extending for one year the existing Franchise Agreement with South County Sanitary Service, Inc. for integrated solid waste collection services. He introduced Bill Statler, City of San Luis Obispo Finance Director, who gave a presentation entitled "South County Sanitary Service Rate Review" which included information on the process and methodology used to determine whether the request for a rate increase was reasonable. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received and the Mayor closed the public hearing. Minutes: City CounciURedevelopment Agency Meeting page 4 Tuesday, October 9, 2007 Council comments included acknowledgement of the terms of the existing Franchise Agreement; that the request was reasonable and within the scope, terms, and conditions of the Franchise Agreement; and support for the one year extension of the Franchise Agreement. In response to discussion regarding negotiations for renewal of the Franchise, staff was directed to request elimination of penalties for extra recycling materials, increased marketing for recycling programs, and establishment of a recycling program for electronic devices. City Attorney Carmel also noted for the record that the proposed amendment to the Solid Waste Franchise Agreement should be corrected to read "Third Amendment" instead of "First Amendment". Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING INTEGRATED SOLID WASTE COLLECTION SERVICE RATES" and to approve the Third Amendment to the Solid Waste Franchise Agreement extending for one year the existing Franchise Agreement with South County Sanitary Service, Inc. for integrated solid waste collection services. Mayor Pro Tem Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: None 9.b. Consideration of Development Code Amendment No. 06-004 to Amend the Zoning Map; Applicant City of Arroyo Grande; Location - 12.77 Acres North of East Cherry Avenue Extension (Subarea 2 of the East Village Neighborhood Plan) and Approval of Neighborhood Plan No. 04-001 (East Village Neighborhood Plan); Applicant: Creekside Estates of Arroyo Grande, LLC; Location - 22 Acres East of Noguera Court Subdivision, North of East Cherry Avenue Extension, and South of Arroyo Grande Creek Associate Planner Heffernon presented the staff report and stated the Planning Commission recommended the City Council: 1) Introduce an Ordinance amending the Zoning Map to change the designation of the subject property from Residential Rural to Single-Family Residential; and 2) Adopt a Resolution approving the East Village Neighborhood Plan. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Mark Vascuez, representing the Subarea 2 neighbors, stated that the proposed drainage strategies offer lots of solutions and options to be reviewed as projects come forward for each site. He acknowledged that each individual property has its own unique constraints and he believed the proposed options provide some flexibility in identifying the appropriate drainage solution. He supported staffs recommendations as proposed. Damien Mavis, Subarea 1 developer, stated he had reviewed the proposed drainage plans and they would coordinate well with everything being planned for Subarea 1. He agreed that there were several feasible drainage alternatives for each lot, which would provide some flexibility on how development occurs in the future. He stated the proposal is a logical next step in the Neighborhood Plan process and supported approval of the Plan. Minutes: City Council/RedevelopmentRgency Meeting Page 5 Tuesday, October 9, 2007 Reuel Estes, E. Cherry Avenue, spoke in opposition to the City's agricultural buffer policy as it relates to the impact on individual property rights and property value. Tonv Janowicz, Lierly Lane, spoke in support of the Neighborhood Plan and rezoning as proposed. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Guthrie provided the following comments: - Expressed concern if the City would ever see the vegetated farm buffer that was expected as part of Subarea 2; however, he supported moving forward with the proposal; - Expressed concern relating to the drainage plan and stated it was in the community's best interest to provide as much direction as possible as far as coordinating the drainage in this area; - Stated that while a number of the drainage options may be feasible, he felt the City has an obligation to provide the best, most coordinated plan for the drainage; - He noted that in the past, individual surface drainage basins have been undesirable in other locations and would be as undesirable in this location; - Does not support drainage solutions that would dump directly into the creek - Could support the Neighborhood Plan if two of the drainage options are eliminated; not allowing surface basins and not allowing dumping directly into the creek, except by using a coordinated plan; would support a single basin for the entire area. Council Member Costello provided the following comments: - Would also like to see one coordinated drainage solution; - Could support eliminating the least desirable drainage plan options; - Agreed that dumping directly into the creek is not a desirable option, nor is having individual drainage basins throughout the development. Council Member Fellows provided the following comments: - Agreed with concerns expressed by Council Member Guthrie as it relates to the drainage plan; - Stated it was to the benefit of future developers to have clear direction regarding drainage solutions; - Stated that sheet flow runoff to the creek should be eliminated from the list of drainage strategies and options; - Suggested that the drainage options be listed in order of desirability with sheet flow runoff to the creek at the bottom of the list, and putting surface basins above that; or eliminate those two options completely; - Agreed that language should be added to the Neighborhood Plan that it is a concept plan; - Supported the road acquisition process for dirt Cherry once the road improvements have been completed; - Supported a road width of 24 feet through Subarea 2; - Appreciated work by the Natural Resources Conservation Service to develop the drainage options; however, he thought leaving all the options was not a good idea; - Supported the proposed amendments to the East Village Neighborhood Plan and would like to approve the proposals tonight with clarifications concerning the drainage options. Minutes: City CounciURedevelopment Agency Meeting Page 6 Tuesday, October 9, 2007 Mayor Pro Tem Arnold provided the following comments: - Supported the Neighborhood Plan and acknowledged the amount of effort that has gone into this with the neighborhood, staff, and advisory bodies; - Requested modifying the list of available drainage options to eliminate direct drainage to the creek and individual surface basins; or would support some form of a consolidated plan using both of those options; - Requested additional language that the layout in the Neighborhood Plan is purely conceptual. Mayor Ferrara provided the following comments: - Expressed concern about restricting and/or eliminating the two drainage options previously discussed due to areas where there may be no other feasible option; however, he would support listing those two as the lowest priority or last option if nothing else works; - Stated there was some merit in having Public Works look at the drainage options to see what can be proposed as a suggested course of action for certain lots; - Stated that one of the higher priorities as far as drainage should be the degree to which integration could occur with Subarea 1. Discussion, comments, and clarification ensued concerning the various drainage strategies and options as it relates to drainage improvements in Subarea 2. Action: Mayor Pro Tem Arnold moved to introduce an Ordinance as follows: `;4N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS SINGLE-FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE AMENDMENT 06-004, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED NORTH OF EAST CHERRY AVENUE EXTENSION (SUBAREA 2 OF THE EAST VILLAGE NEIGHBORHOOD PLAN". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: None Action: Mayor Pro Tem Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE EAST VILLAGE NEIGHBORHOOD PLAN (NEIGHBORHOOD PLAN CASE NO. 04001) FOR APPROXIMATELY 22 ACRES LOCATED EAST OF THE NOGUERA COURT SUBDIVISION, NORTH OF THE EAST CHERRY AVENUE EXTENSION, AND SOUTH OF ARROYO GRANDE CREEK; APPLICANT - CREEKS/DE ESTATES OF ARROYO GRANDE, LLC", with an amendment to the map in Attachment 3 to add language that it is a Conceptual Plan and that there is no guarantee that the layout of the lots depicted can or will be approved; modify the drainage options in Attachment 8 to prohibit drainage to the creek for individual lots as well as the use of surface basins, and to place those two drainage options as the lowest priority on the list of drainage solutions and options for the area. Council Member Fellows seconded the motion. As a result of further Council discussion regarding drainage strategies and options as it relates to drainage into the creek, Council Member Fellows withdrew his second to the motion. Minutes: City CounciURedevelopment Agency Meeting page 7 Tuesday, October 9, 2007 Mayor Ferrara seconded. At the request of Mayor Pro Tem Arnold, City Attorney Carmel read the amendments to the Neighborhood Plan as follows: Attachment 3 will be labeled "East Village Neighborhood Conceptual Plan"; on Page 2 of the Neighborhood Plan under List of Attachments, Attachment 3 will be relabeled "East Village Neighborhood Conceptual Plan"; on Page 5 of the Neighborhood Plan, footnote 'a' is amended in part to read "The attached Subarea 2 concept plan for SF zoning (see Attachment 3#) is intended only as an illustration of one of many possible development configurations and densities for Subarea 2 based on lot size and area constraints. Using........ acreage." The motion passed on the following roll call vote: AYES: Amold, Ferrara, Costello NOES: Guthrie, Fellows ABSENT: None Mayor Ferrara called a break at 9:00 p.m. The Council reconvened at 9:10 p.m. 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Purchase of Property at Southwest Corner of Courtland Street and East Grand Avenue. [RDA] Chair Ferrara declared a conflict of interest due to ownership of real property near the project and stepped down from the dais. Executive Director Adams presented the staff report and recommended the Redevelopment Agency Board: 1) Approve the Vacant Land Purchase Agreement and Joint Escrow Instructions for a portion of the vacant property at the southwest corner of Courtland Street and East Grand Avenue; and 2) Appropriate $1,480,000 from the Redevelopment Agency Affordable Housing Set Aside Fund for property acquisition plus escrow, appraisal, soils and environmental tests and closing costs. Vice Chair Arnold invited public comments from those in the audience who wished to be heard on the matter. Tim Brown, Allen Street, inquired how large the property was, whether it is proposed to be all rental units, and how the City would maintain rental units in perpetuity. He further inquired whether Proposition 1 C funds could be used for this project. Upon hearing no further public comments, Vice Chair Arnold closed the public comment period. In response to public comments, Executive Director Adams explained that a portion of the properly is designated as office and a portion of the property is designated for affordable housing rental units. He explained that the City was not utilizing Proposition 1 C funds as there was sufficient Minutes: City Counci4Redevelopment Agency Meeting Page 8 Tuesday, October 9, 2007 funding in the Redevelopment Agency Housing Set Aside Fund. Lastly, he explained that a Disposition and Development Agreement would be drafted which would include restrictions, such as deed restrictions on the units, to maintain the units as affordable housing units. Board comments and discussion ensued including support for the proposal; acknowledgement that public input would be sought when a specific project comes forward; optimism that the City can find a partner for development of the property; and acknowledgement that the property has been identified for affordable rental units in the approved Specific Plan. Action: Board Member Guthrie moved to approve the Vacant Land Purchase Agreement and Joint Escrow Instructions for a portion of the vacant property at the southwest corner of Courtland Street and East Grand Avenue, as amended to include a revised Exhibit No. 1 with the appropriate site map, and inclusion of reference to APN 077-131-003 in the Agreement. Board Member Costello seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Costello, Fellows, Arnold NOES: None ABSENT: Ferrara Action: Board Member Guthrie moved to Appropriate $1,480,000 from the Redevelopment Agency Affordable Housing Set Aside Fund for property acquisition plus escrow, appraisal, soils and environmental tests and closing costs. Board Member Costello seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Costello, Fellows, Arnold NOES: None ABSENT: Ferrara Chair Ferrara returned to the dais. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Pro Tem Arnold thanked everyone who participated in the Annual Arroyo Grande Harvest Festival. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. Minutes: City CounciURedeve/opmentAgmcy Meeting Tuesday, October 9, 2007 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 9:29 p.m. ATTEST: ~~.Q.~.I ~,c1~~~- Kelly~C,~ y Clerk/Agency Secretary (Approved atCCUUMtg 11-13-Zoo'1- Page 9