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Minutes 2001-08-14 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 14, 2001 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:10 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Lubin, Mayor Pro Tern Ferrara and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Financial Services Snodgrass; Community Development Director McCants; Director of Parks, Recreation, and Facilities Hernandez; Chief of Police TerBorch; Police Commander Andrews; Director of Public Works Spagnolo; Associate Planner Heffernon; Consultant Senior Engineer Campbell. 3. FLAG SALUTE John Mershon and Alaina Ponce, representing the Arroyo Grande Police Explorer Program, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Presentation of SLOCOG Regional Transportation Plan and Regional Housing Needs Allocation Process Steve Devencenzi from SLOCOG presented an overview and answered questions from Council on the Regional Transportation Improvement Program (RTIP); Regional Transportation Plan (RTP); Regional Housing Needs Assessment (RHNA), and Planning for Community Energy, Economic and Environmental Sustainability (PLACES). 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Council Member Dickens 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 MINUTES AUGUST 14, 2001 PAGE 2 8. CONSENT AGENDA Council Member Lubin pulled Item 8.h. for discussion. Mayor Pro Tem Ferrara pulled Item 8.1. for discussion. Council Member Runels pulled Item 8.p. for discussion. Council Member Dickens moved and Mayor Pro Tern Ferrara seconded the motion to approve Consent Agenda Items 8.a. through 8.0., with the exception of Items 8.h., 8.1., and 8.p., with the recommended courses of action. 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period July 15, 2001 through July 31,2001. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of July 31,2001. 8.c. Annual Report - Fiscal Year 2000-01 Cash Activity in Transportation Facilities Development Impact Fund. Action: Accepted the annual report of Transportation Facilities Development Impact Fund cash activity and ending cash balance at June 30,2001. 8.d. Rejection of Claim Against City - E. Toal. Action: Rejected claim. 8.e. Approval of Minutes. Action: 1) Approved minutes as amended for the Regular City Council meeting of July 10, 2001; and 2) Approved minutes as submitted for the Special City Council meeting of July 31,2001. 8.f. Authorization to Purchase Two Replacement In-Car Video Systems. Action: Authorized staff to purchase two (2) replacement Kustom Signal Industrial Grade Patrol Car Surveillance Systems, for a total cost of $8,690, including tax and delivery. 8.g. Authorization to Purchase Two Replacement Unmarked Police Vehicles. Action: Authorized staff to purchase two replacement unmarked Police Department vehicles from Mullahey Ford for $36,176, including tax. 8.i. Consideration of Award of Bid - Public Works Vehicle. Action: Awarded bid of $23,227.21 from Mullahey Ford for a %-ton pick up truck for the Public Works Department. 8.j. Consideration of Disadvantaged Business Enterprise (DBE) Program for FFY 2001/2002. Action: Approved the submittal of the City's FFY 2001-2002 DBE Program with "established" Overall Annual DBE Goal to Caltrans by September 1, 2001. 8.k. Consideration of Summary Vacation of a Portion of a Drainage and Public Service Easement Adjacent to Pearwood Avenue. Action: Adopted Resolution No. 3543 summarily vacating a portion of an existing drainage and public service easement. 8.m. Authorization to Close City Streets and Use City Property for the 64th Annual Arroyo Grande Valley Harvest Festival, September 28-29, 2001. CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 3 Action: Adopted Resolution No. 3545 authorizing the closure of City streets and use of City property and authorizing the waiver of City fees/costs for the annual Arroyo Grande Valley Harvest Festival. 8.n. Consideration of Resolution Approving a Side Letter of Agreement with Service Employees International Union (SEIU) Local 620 for Uniform Allowance for Certain Fire Fighting Personnel. Action: Adopted Resolution No. 3546 approving a Side Letter of Agreement amending the existing Memorandum of Understanding (MOU) with SEIU LOCAL 620 to provide uniform allowance to certain Fire Fighting Personnel. 8.0. Council Appointment to San Luis Obispo Council of Governments/ Regional Transit Authority (SLOCOG/SLORT A). Action: Appointed Mayor Pro Tem Tony Ferrara as the City's primary representative and Jim Dickens as the alternate representative. AYES: Dickens, Ferrara, Runels, Lubin, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 8.h. Consideration of Award of Bid - Parks Division Vehicle. Council Member Lubin expressed concerns about awarding the bid to a vendor outside of the City and asked Director of Parks, Recreation, and Facilities Hernandez to explain this issue with regard to the warranty. Director Hernandez explained the bid amounts were very close and that the decision to award the bid was based on the dollar value placed on the warranty. He stated this was just a recommendation. Following discussion and clarification of the bid process, Council Member Lubin moved to award the bid to the numerical low bidder, Mullahey Ford, for the purchase of a 2002 F-150 half-ton truck in the amount of $18,514.93. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 A YES, and 0 NOES, the motion is hereby declared to be passed. 8.1. Adoption of Resolution Approving Conditional Use Permit Case No. 99-013 to Construct Five (5) Professional Office Buildings, and Variance Case No. 01-001 to Deviate from the Maximum Wall Height Requirement; Northwest Corner of Camino Mercado and West Branch Street; Stephen Cool and Gary White. Mayor Pro Tem Ferrara stated for the record that this item had been considered at the last City Council meeting when he was absent; however, he had listened to the tapes CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 4 and he wanted to address some issues concerning the project and call for a separate voice vote. He asked staff to address and clarify issues regarding the height of the adjacent moteJ sign; the proposed building height; results of the arborist report; and the proposed retaining wall height. He opposed the project as proposed due to traffic issues; unknown roadway configuration with regard to signalization; the lack of evidence that certain trees cannot be saved; the mass and density of the project; and the slope and terrain of the property. Council Member Dickens summarized his comments regarding the project from the July 10th meeting and recommended continuing the item. Mayor Lady opened up the discussion for public comment and the following members of the public addressed the Council: Carrie Randolph, 1310 Sierra Drive, read a letter into the record opposing the project as proposed and recommending a redesigned project. Additionally, she submitted several petitions for the record signed by citizens expressing concern and dissatisfaction with the proposed project. Otis Page, 606 Myrtle, said the Council had already deliberated the project and approved it on a 3-1 vote. He did not understand the procedure the Council was now undertaking and that it was highly irregular. Hearing no further public comments, Mayor Lady brought the item back to Council for consideration. Mayor Pro Tem Ferrara moved to deny the adoption of the Resolution approving Conditional Use Permit Case No. 99-013 and that the Council request the applicant to return to the Council with a project of lesser density that does not conflict with the General Plan policies; further, that the project include a treatment and stabilization program for the trees listed as diseased and that steps be taken to incorporate the large landmark oak tree into a revised design of the project. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Dickens NOES: Runels, Lubin, Lady ABSENT: None There being 2 AYES and 3 NOES, the motion failed. Council Member Lubin moved to adopt a Resolution (No. 3544) approving Conditional Use Permit Case No. 99-013 to construct five professional office buildings, and Variance Case No,. 01-001 to deviate from the maximum wall height requirement at the northwest corner of Camino Mercado and West Branch Street. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 5 AYES: Lubin, Runels, Lady NOES: Dickens, Ferrara ABSENT: None There being 3 A YES and 2 NOES, the motion is hereby declared to be passed. 8.p. Authorization to Contract for Televising of General Plan Update Public Hearings. Council Member RuneJs asked for clarification that following the pilot program the City would be issuing an RFP for televising future meetings. City Manager Adams clarified the status of the pilot program and explained this proposed action would only be to televise two additional public hearings on the General Plan Update. Council Member Runels moved to authorize the City Manager to contract with AGP Video for televising of the General Plan Update Public Hearings scheduled on August 16, 2001 and August 23, 2001. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: 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. 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Approval of East Branch Streetscape Enhancement Project Funding Application. City Manager Adams highlighted the staff report and delivered a graphic presentation on a conceptual plan for the East Branch Streetscape Enhancement Project. He explained that the City was notified that grant funding for streetscape improvements was available from the San Luis Obispo Council of Governments (SLOCOG) under the Transportation Enhancement funding program. He reviewed the process, goals, and amenities included in the conceptual plan, and the funding process. City Manager Adams then answered questions from Council Members regarding input received from the Village Improvement Association; the role of the Downtown Parking Advisory Board; the potential impacts of various traffic calming measures; and how certain projects compete for funding from SLOCOG. --.----.----- CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 6 Mayor Lady opened the item for public comment. Otis Page, 606 Myrtle, referred to previous studies conducted in 1995 regarding Hwy 227. He addressed congestion issues and stated he was in favor of this project. Hearing no further public comments, Mayor Lady brought the item back to Council for discussion. Council Member Dickens stated he saw this as a beautification project and felt that it would not impact congestion problems. He supported moving forward; however, expressed concern with competing with the Creekside Path project for available funds. Council Member Runels stated his support for beautification components of the conceptual plan, however, he expressed concern with features of the plan that would impede the flow of traffic. Council Member Lubin supported the conceptual plan and commented that Short Street should be closed. Mayor Pro Tem Ferrara agreed with concerns expressed about competing projects and stated the City Council must determine which project has higher priority. He commented that the Village Guidelines should be considered as to how it integrates into the enhancement plan. He supported the project. Mayor Lady supported the project. Mayor Pro Tern Ferrara moved to authorize staff to prepare a scalable SLOCOG funding application for the East Branch Streetscape Enhancement Project and adopt a Resolution declaring the City Council's interest in obtaining 2002 Transportation Enhancement Program Funds for the East Branch Streetscape Enhancement Project. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: 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. 11.b. Consideration of Selection of 2002 State Transportation Improvement Program (STIP) Funding Projects. Director of Public Works Spagnolo highlighted the staff report. Staff recommended the Council provide direction to staff on selection and prioritization of proposed 2002 State Transportation Improvement Program (STIP) projects; adopt a resolution declaring the Council's interest in securing 2002 STIP funding for the proposed projects; authorize staff to prepare SLOCOG funding applications for the candidate projects; and, direct -- -----~-~_._----~- CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 7 staff to forward the funding applications and resolution to SLOCOG for funding consideration. Mayor Lady opened the item for public comment. Fred Sweeney, Greenwood Drive, spoke in support of the Branch Mill Road project. He described serious problems with the road surface, including numerous potholes and stated the condition of the road has gone from bad to deplorable and dangerous. He referred to a previous petition submitted to the City signed by many of the surrounding neighbors and requested the Council choose this project as the top priority for funding. Ed Cardozo, 428 Greenwood Drive, spoke in support of designating the Branch Mill Road project as the number one priority. Steve Devencenzi, SLOCOG, updated the Council on The Pike project and explained the regional significance of the project. Hearing no further public comments, Mayor Lady brought the item back to Council for discussion. Council and staff discussion ensued to prioritize the projects. Council Members reaffirmed that last year's priority was finishing up the Grand Avenue project ; commented that the Brisco Road and EI Camino projects may be addressed in the PSR that is currently pending; acknowledged the deteriorating condition of Branch Mill Road; and unanimously supported Branch Mill Road as the number one priority for this cycle of funding. There was discussion and subsequent consensus for allocating any remaining funds to The Pike project. Mr. Devencenzi stated that SLOCOG would work with staff to balance the funds between the projects. Council Member Runels moved to adopt a Resolution declaring the Council's interest in securing 2002 STIP funding for the proposed projects with Branch Mill Road as the top priority; authorize staff to prepare SLOCOG funding applications for the candidate projects; and, direct staff to forward the funding applications and the resolution to SLOCOG for funding consideration. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Lubin, Ferrara, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.c. Review Pre-application Case No. 01-002, Proposed Senior Housing Facility, Located at 579 Camino Mercado; Central Coast Real Estate Development, Inc. ------.--,." . - ---~.. CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 8 Associate Planner Heffernon highlighted the staff report. She stated the 4-acre project site is located within the Professional Commercial District of the Oak Park Acres Planned Development. The applicant proposes to construct 60 senior apartment units, 25% of which would be restricted to moderate-income seniors. The project would also include a 3,000 square foot senior recreational center. She explained that the proposed development is within the 30-foot height limit, has a relatively low density of 15 dwelling units per acre, would provide 15 affordable units for moderate income seniors, would be ADA compliant, and based on a recent traffic analysis, would generate approximately 19 PM peak hour trips, which is less than the 20 peak hour trip threshold that the City established as a potentially significant environmental impact. The parking analysis indicates that the project is roughly 10 parking spaces under what the Development Code requires. The applicant requested that an exception to this parking requirement be made based on lower parking requirements used for similar projects in other jurisdictions. Council Member Lubin asked for clarification regarding the traffic analysis. Associate Planner Heffernon explained that the applicant had conducted an independent traffic analysis based on actual traffic counts near similar facilities in Morro Bay and in Arroyo Grande. Mayor Pro Tem Ferrara referred to the moderate-income criteria and inquired if staff knew what the range of rent would be. Associate Planner Heffernon responded that the County establishes the criteria and that the applicant could provide that information. Mayor Lady inquired as to how deed restrictions could be placed on apartments for rent. Mayor Lady opened up the item for public comment. Gary Young, applicant, spoke on behalf of the project and addressed issues relating to ADA accessibility, traffic, and the affordability restrictions. He stated the project is targeted for moderate income seniors, with one bedroom units renting at $1,056/month and two bedroom units renting at $1,188/month. Steven Puglisi, project architect, presented an overview of the project and requested the Council consider a deviation or reduction in the parking requirements for the project. Council Member Dickens spoke in support of providing affordable senior housing within the proposed project; suggested locating a bus stop at Camino Mercado; stated if there were to be retaining walls on the property that they do not exceed eight feet in height; encouraged the applicant to work with the City with regard to possible use of the City's affordable housing in-lieu fee fund; and commented that the proposed senior center would be a major asset within the project. Council Member Runels expressed concerns regarding the proposed parking lot. He spoke in general support of the project. CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 9 Council Member Lubin spoke in general support of the project; stated he would support reducing the parking requirement; agreed with the need for a senior recreation center; stated that traffic was a concern and he wanted to ensure there was no burden on Camino Mercado; agreed that a bus stop in the area was a good idea; and expressed support for a meandering waJkway. Mayor Pro Tem Ferrara stated that the concerns he had regarding the previous proposed project in this location still remain with regard to traffic, density, category of use, pedestrian accessibility, and the preservation of trees. He said the senior center was a good amenity; however, he was concerned with the size and scale of the project. He opposed a bus stop located on Camino Mercado. He suggested that a project with less density which would generate Jess traffic, such as commercial office, would be better suited for the site. He stated that the need for senior housing projects were being met elsewhere in the City and he would not support the proposed project. Mayor Lady spoke in support of the proposed project and then ensured that the applicant had received sufficient feedback and direction with regard to moving forward with plans for the proposed project. 11.d. Authorization to Distribute Draft Ordinance and Resolution Amending the Sewer Connection Fees. Director of Public Works Spagnolo highlighted the staff report. Staff recommended the Council authorize the distribution of a draft Ordinance and Resolution amending the Sewer Connection Fees and direct staff to return in approximately 45 days with a summary of public comments and to introduce the proposed Ordinance for first reading. Director Spagnolo responded to questions from the Council. City Attorney Carmel recommended that the Council also release the study prepared by Tuckfield and Associates which analyzed the sewer connection fees, including the sewer area charge. There was no public comment. Council Member Dickens moved to authorize the distribution of the study prepared by Tuckfield and Associates, a draft Ordinance and Resolution amending the sewer connection fees and direct staff to return in approximately 45 days with a summary of public comments and to introduce the proposed ordinance for first reading. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. -'~-------"-"'-'---~- CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 10 11.e. Consideration of Resolution Approving Agreement Regarding Management of the Arroyo Grande Groundwater Basin. Director of Public Works Spagnolo highlighted the staff report. Staff recommended the Council adopt a resolution approving the Agreement Regarding Management of the Arroyo Grande Groundwater Basin and Authorizing the Mayor to Sign the Same. There were no public comments. Council and staff discussion ensued regarding the background and history of the current "Gentlemen's Agreement" which governs the respective entities' (Arroyo Grande, Grover Beach, Pismo Beach, and Oceano Community Services District) pumping of groundwater from the Arroyo Grande Groundwater Basin. The proposed Agreement updates and formalizes the Gentlemen's Agreement that has been in effect between the entities since 1983. City Attorney Carmel stated that the Farm Bureau had not yet approved the Agreement and he recommended that should the Council move to approve the Agreement, the motion include authorizing the Mayor to execute the Agreement for the City of Arroyo Grande regardless of approval of the Agreement by the Farm Bureau. Council Member Runels moved to adopt a Resolution approving the Agreement Regarding Management of the Arroyo Grande Groundwater Basin and authorizing the Mayor to sign the Agreement, regardless of whether the Agreement is approved and executed by the Farm Bureau. Council Member Lubin seconded the motion. Council Member Dickens asked for discussion and referred to Section 2 - Shared Information and Monitoring, on page 3 of 5 of the Agreement. He stated that there were several issues that need additional consideration, however, he acknowledged that a quarterly review was part of the Agreement and that would be the appropriate time to address those considerations. He concurred that the Agreement was needed as a tool to allow the City, with its neighboring agencies, to effectively manage its groundwater resources. 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. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. - -------- CITY COUNCIL MINUTES AUGUST 14, 2001 PAGE 11 14. COUNCIL COMMUNICATIONS Mayor Lady reported that since the last General Plan Update meeting, he had received positive feedback regarding the televised . meetings. He acknowledged a letter of support received from Mr. Frank Lindner and submitted it for the record. Council Member Runels requested staff to ensure that the Conditional Use Permit process for the Mullahey Ford project application moves ahead as quickly as possible so that they are able to complete construction before the rainy season begins. Council Member Runels referred to the speed circles installed at the intersection near Stagecoach Road and requested that staff look into this traffic calming method as a temporary measure for Rodeo Drive. Council Member Dickens reported he had also received supportive comments from the public regarding the televising of the Council meetings. Council Member Dickens announced the Family Fun Carnival to be sponsored by the Economic Opportunity Commission on August 23rd through August 26th near the Madonna Road exit off Highway 101 in San Luis Obispo. Mayor Pro Tern Ferrara reported that he had received all positive feedback on the televising of the Council Meetings. Mayor Pro Tern Ferrara reported he would be submitting a memorandum to Director of Public Works Spagnolo regarding his comments on the Wastewater Master Plan that was currently in a public review period. Council Member Lubin reminded staff that if Charter Communications was going to reassign the government access channel, that Channels 19 and 20 receive a lot of interference within the City of Arroyo Grande, and discouraged re-assignment to those channels. 15. STAFF COMMUNICATIONS None. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 10:42 p.m. to the Special City Council Meeting of August 16 1 at 6:3 .m. '--- Michael A. Lad , I1.L , Director of Administrative Servicesl Deputy City Clerk