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Minutes 2001-12-11 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 11, 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 7:00 p.m. 2. ROLL CALL City Council: Council Members Lubin, Dickens, Ferrara, Mayor Pro Tern Runels, 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 Strong; Associate Planner Heffernon; Associate Planner McClish; and Director of Parks, Recreation, and Facilities Hernandez. 3. FLAG SALUTE Dan Dostal, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Vince Llamas, New Life Community Church, Pismo Beach, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Introduction of Miss Teen Arroyo Grande, Dania Bennett. Mayor Lady introduced Dania Bennett as the new Miss Teen Arroyo Grande and presented her with a City pin. Miss Bennett informed those present during her tenure as Miss Teen Arroyo Grande, she would be speaking on the issue of HIV and AIDS Awareness. . 5.b. Proclamation. Recognizing Eagle Scout William I. Johnson. Mayor Lady presented a Proclamation to William Johnson congratulating him for achieving the rank of Eagle Scout and recognizing his commitment, diligence, and dedication in undertaking and completing his Eagle Scout project. S.c. Proclamation - Recognizing Eagle Scout Anthony Oldham. Mayor Lady presented a Proclamation to Anthony Oldham congratulating him for achieving the rank of Eagle Scout and recognizing his commitment, diligence, and dedication in undertaking and completing his Eagle Scout project. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 2 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Dickens moved, Mayor Pro Tem 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 Ben Davis, 1238 Paseo Ladera, stated he had addressed the Council at a previous meeting regarding the billboard located at the Village entrance. He stated that although the sign was still in place, the message had changed and he thanked those who brought about the change. He stated that the location of the billboard remained an issue and the time for affecting change was now. He asked if the issue would still be on the January Agenda for review. S. CONSENT AGENDA Council Member Ferrara moved and Council Member Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action. City Attorney Carmel read the title of Ordinance No. 529 C.S. adopting the new Arroyo Grande Municipal Code. S.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period November 16, 2001 through November 30, 2001. S.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of November 30, 2001. S.c. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed October 2001 Cash Report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at 10/31/01. S.d. Consideration of Annual Financial Report - Fiscal Year 2000-2001 Receipt and Use of Water and Sewer Development Fees/Charges. Action: Accepted and filed the annual report of the receipt and use of water and sewer development fees and charges in compliance with Government Code Section 66013. S.e. Consideration of Approval of Minutes. Action: Approved Minutes of the Special City Council Meeting of October 3, 2001; the Special City Council Meeting of November 13, 2001; and the Regular City Council Meeting of November 13, 2001 as submitted. S.f. Rejection of Claim Against City. Action: Rejected claim submitted by Orion Auto. S.g. Adoption of Ordinance Adopting the Arroyo Grande Municipal Code. Action: Adopted Ordinance No. 529 C.S. adopting the new Arroyo Grande Municipal Code. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 3 S.h. Consideration of New State Minimum Wage. Action: Adopted Resolution No. 3570 increasing wages for those part-time positions that fall below the new State Minimum Wage which goes into effect January 1, 2002. AYES: Ferrara, Lubin, Runels, Dickens, 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. Consideration of Amended Conditional Use Permit Case No. 01-002 and Architectural Review Case No. 01-011; Five Cites Center, Phase II. Associate Planner Heffernon presented the staff report. She explained that the Council had previously approved amendments to Phase II of the Five Cities Center with a condition that the Architectural Review Committee, Planning Commission and City Council review the architectural elevations for Building M. She said because the plans for Building M included a larger outdoor patio seating area than what was allowed, the Planning Commission recommended that another amendment to the original Conditional Use Permit for the Five Cities Center be processed concurrently with the architectural review of Building M. The Planning Commission recommended that Council adopt a Resolution approving Amended Conditional Use Permit Case No. 01- 002; and approve Architectural Review Case No. 01-011 for Building "M". Council Member Dickens referred to rooftop appliances and inquired if there were conditions on the project that required screening of equipment in order to eliminate visual impacts. Associate Planner Heffernon stated that the requirement for screening of roof-mounted equipment was part of the original conditions of approval for the entire Five Cities Center project and would apply to this project. Council Member Dickens expressed concerns with the flat roof on the bulk of the building and inquired whether staff had discussions with the applicant on what type of appliances might be placed on the roof. Associate Planner Heffernon responded there was discussion about refrigeration and heating elements required for a restaurant use. Council Member Ferrara inquired whether there had been discussion with the Architectural Review Committee regarding the absence of a fagade on the south portion of the building. Associate Planner Heffernon replied discussion had taken place about extending the tower element back further; however, they did not request the project plans be revised. She stated that the architect adequately addressed the issue by indicating the equipment would be screened. Council Member Lubin asked how high the parapet wall would be. Associate Planner Heffernon referred the question to the applicant's representative. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 4 Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady closed the Public Hearing. Council Member Dickens restated his concerns regarding the roof and the potential visual impacts from ineffectively screened equipment. He stated he was in favor of the project moving forward, supported a restaurant use in this location, and had no problems with the conditions of approval. He stated there should be a closer look at the roofline with some form of screening that fits in architecturally, specifically from the south elevation, and said he was not comfortable with proceeding with the application as presented until this issue is addressed. He asked if the applicant could address the issue. City Attorney Ca.rmel referred to Condition #15 in Resolution No. 3157 in the original Conditions of Approval which requires that a full roof screening treatment plan be submitted to the Community Development Department for approval. . He suggested that the Community Development Director bring that plan back to the Council for approval prior to finalizing it. Grant Harris, representative for the applicant, stated he did not have as-built level drawings or mechanical rooftop views with him. He stated that the architect that designed this building designed the rest of the Center and is sensitive to the issue. He stated that the restaurant was in full view of everything and everyone and it was not their intent nor in their best interest to have anything visible from the roof, especially on the south elevation. He stated they would supply staff with elevations showing the screening. Council Member Dickens asked if there would be outdoor seating on the north side. Associate Planner Heffernon replied yes, there would be outdoor seating that wraps around to the west side. Council Member Ferrara stated he was comfortable with the condition in the Development Code and he was also comfortable with the requirement for screening rooftop appliances on the entire Center. He referred to one small appliance on one of the roofs near Starbucks that was not screened; however, it was tucked under the fa<;:ade. He stated his main concern on this particular building is the flat roofline. He referred to other structures in the Center of this scale that have roof treatments so there is no appearance of a flat roof. He said he was looking for consistency, as he did not see this design as compatible with buildings of similar scale in the Center. He stated he would like to see another drawing that brings it into consistency. Mayor Pro Tem Runels stated he had no problems with the proposed project; however, he asked how long it would take to redesign the rooflines. Associate Planner Heffernon replied it could be brought back to the Council's next regular meeting. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 5 Council Member Lubin stated that he looked at the project differently. He stated he liked the image of the building; and he understood and shared the concerns about the screening of equipment. He said he liked the proposed elevations and had no problems with the project. Mayor Lady stated that he understood that the rooftop equipment would be screened and he felt confident that there would be no visible fixtures on the roof. He stated he liked the architectural drawings; however, he shared concerns expressed with regard to exposed rooftop appliances. There was further discussion with regard to potentially increasing the height of the buildings and leaving the roof height as is. Director Strong emphasized that a plan for the treatment of the rooftop has to be submitted to the Community Development Department for approval prior to the issuance of a building permit and that prior to the issuance of a Certificate of Occupancy, all mechanical equipment shall be screened from public view. Council Member Ferrara referred to trash enclosures and asked if the standards now include ample space for recycling. Staff responded yes, the enclosure would have to provide the space for recycling. Council Member Lubin moved to adopt a Resolution approving Amended Conditional Use Permit Case No. 01-002, applied for by AGRA, LLC, Located at Five Cities Center, Phase /I (Rancho Parkway and West Branch Street). Mayor Pro Tem Runels seconded the motion. Council Member Ferrara asked if the motion included the potential for additional height on the roof. Council Member Lubin amended the motion to adopt a Resolution approving Amended Conditional Use Permit Case No. 01-002 subject to an increase in roof height as necessary to adequately screen equipment which shall be addressed and implemented through the roof top treatment plan to be submitted to and approved by the Community Development Director, and further, to approve Architectural Review Case No. 01-011 for Building "M". Mayor Pro Tem 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 AYES and 0 NOES, the motion is hereby declared to be passed. 9.b. Consideration of Conditional Use Permit Case No. 01-010 to Construct a 60- Unit Senior Apartment Complex and a 3,000 Square Foot Senior Recreation Center. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 6 Associate Planner Heffernon presented the staff report. She said the applicant proposes to construct 60 one and two bedroom apartment units averaging 900 square feet in size, and a 3,000 square foot senior recreation center; the apartments would be restricted to senior citizens, ages 55 and older; and 25% of the units would be reserved for those having a moderate-income level. She explained that a deed restriction is required as a condition of approval to ensure that the rent remains at this lower level. She stated that pedestrian access from the street to the apartment units meets all disabled access requirements, and the project conforms to Development Code requirements for setbacks, lot coverage, height, and landscaping. She reported the only standard that was not met was the required parking and the applicant was requesting an exception to this requirement based on a parking analysis prepared by his traffic engineer. Further, a traffic analysis was also prepared for the project, which concluded that the Level of Service on surrounding intersections would remain at an acceptable level with the addition of traffic from the proposed development, based on the assumption that the Camino MercadolWest Branch Street intersection would be signalized. Given that a signal is warranted at this intersection, the project is conditioned to install the signal subject to reimbursement from the City for costs in excess of the project's signalization impact fee. Associate Planner Heffernon stated that after discussing matters of affordable housing assistance and requested fee reductions with the applicant, staff recommended that the Council consider these two policy issues before taking formal action on the project, and continue the public hearing to. the January 22nd Council meeting, or later specific date, depending on need for Commission or staff research and recommendations regarding these policy issues. Council Member Ferrara asked the applicant, Mr. Young, what the range of rents would be for the units and how the one and two bedroom units would be split and allocated for moderate-income persons. Mr. Young responded that 25% of the units would be reserved for moderate-income persons. He stated the maximum rent on a 1-bedroom unit would be $1,056 and the maximum rent on a 2-bedroom unit would be $1,188. He indicated that he was projecting the rents would be lower than the maximum. He also stated he did not want to specify how many one bedroom and two bedroom units would be allocated at this time. . Further Council questions and discussion included how the deed restriction requirement would be administered; clarification that this would not be an assisted living facility; clarification on who would maintain the proposed senior center facility; clarification that there would be sufficient room for public transit access into the driveway; and the need for a bus stop and crosswalk at Camino Mercado. Steven Puglisi, project architect, stated he had modified the design of the project as requested and confirmed that buses and emergency vehicles would have on-site access to the project. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. ----,-,'- CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 7 Colleen McClain, 1222 Huasna road, spoke in favor of the proposed senior center. She stated that senior centers were very important in the socialization of seniors. Earl Paulding, 232 La Cresta Drive, spoke in favor of the proposed project. He stated there was a shortage of comparable units for residential use. He requested that the seniors in attendance stand to show their support of the project. He urged approval of the project. Ray Abdenur, 955 Via Las Aguilas, stated he had several questions such as how many seniors could use the project at one time; what the range of rents would be for moderate income persons; how much would rent be for those not of moderate income; whether anything was going to be done with the roof as the proposed composite roof was not compatible with the surrounding residential tile roofs. He stated the City needed a senior center; however this was a bad location. He suggested the level area near Rite- Aid was a better location. He expressed concern with regard to traffic impacts and stated the road between W. Branch Street and Wal-Mart was too narrow for two cars to pass. He suggested that curbs should be painted on both sides for no parking. Jason Scott, 515 Dos Cerros, stated he lives within 200 feet of the proposed project. He opposed the senior center portion of the project and said it was a bad location for this component of the project. He expressed concerns about traffic generation and questioned the project being short on the required number of parking spaces. He expressed concerns with timing of events and how late events at the center would be held. He further expressed concerns with the architectural design of the buildings with regard to the roof not being tile. Ron Livingston, 580 Dos Cerros, representing the Los Robles del Rancho Grande Homeowners Association, spoke in support of the senior apartments; however, spoke in opposition to the senior center. He stated the project was not thought out properly and read portions of a letter submitted for the record citing concerns with traffic, the proposed senior center and its utilization; access; costs being subsidized by the City; and architectural features. . Yolando Alarcio, 311 N. Alpine, representing South County Seniors, spoke in favor of the proposed project. She stated that seniors need space to meet. She gave an overview of the group's activities. She stated that activities were held during daylight hours and there were no evening activities. Hearing no further public comments, Mayor Lady closed the Public Hearing and asked the applicant if he would like to address some of the concerns expressed. Gary Young, applicant, addressed the issue of the roof material stating that composite roofing, which is fire retardant, was chosen due to safety reasons; confirmed that the project would have fire sprinklers; addressed the traffic issue on Camino Mercado stating that the road would be widened; and the project would meet all ADA requirements. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 8 Council Member Lubin asked if it was the Rancho Grande II Homeowners Association that required tile roofs within the development. Associate Planner Heffernon replied yes. Mayor Pro Tem Runels asked about installing fire sprinklers on the outside of the building, on the roof. Mr. Young stated it was considered and if asked, would submit to the condition. Council Member Ferrara referred to the Oak Park Acres Planned Development and stated the Development Code requires compatibility with architecture in surrounding area. He referred to the tile roofs on the Kolbo project, Mid State Bank office building, the Five Cities Center buildings, the motel, and Levitz and stated this project would be inconsistent in comparison. He spoke about the streetscape issue, the turning difficulty for delivery trucks, and asked if time had been taken to look at this segment of roadway. City Manager Adams reported on the plans for widening the roadway and stated that overall general planning has taken place with regard to street improvements. Council Member Ferrara referred to Council Member Dickens' work on a proposed South County Community Recreation Center and asked if that were eventually built, would the proposed senior center use remain in this project. Mr. Young replied that issue had not been discussed. Council Member Ferrara asked to what extent bus stop circulation had been discussed with the Transit Authority. Mr. Puglisi responded that numerous discussions had taken place with staff about an on-street bus stop and demonstrated on the map the designated pick-up spot. Council Member Lubin expressed support for the project as proposed, stating that concerns brought up in the pre-application presentation had been addressed. City Manager Adams provided clarification on the recommendations, stating that the applicant had requested a reduction in Park and Recreation fees and also requested use of Affordable Housing in-lieu fees that the City has collected. He stated the Cuuncil was requested to provide direction with regard to providing some of the affordable housing in-lieu fees to this project. . He spoke of the potential priority and intention of using these funds on projects within the redevelopment area of the City. Council Member Ferrara stated he would not mind waiving a small percentage of the Park and Recreation fees; however, he was not in favor of waiving all the Park and Recreation fees; concurred that projects within the redevelopment district should have first priority of affordable housing in-lieu fees; said he had a preference that affordable housing in-lieu fees be used for low income housing projects; agreed with waiving the Recreation Center Impact Fee in its entirety; and stated he did not support the composite roof on the project. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 9 Council Member Dickens stated that the results of a community survey expressed the need for a Community Youth Center as number one and a Senior Center as number two. He stated this was an unmet need and this project was a step in the right direction. He supported waiving the entire Recreation Center Impact Fee; advocated looking at waiving a portion of the Park impact fees; stated that this was the first project during his three years on the Council that offers tangible affordable housing; and favored providing some portion of financial assistance to the applicant. He stated there were two huge benefits in this project: affordable housing and a potential senior center. He concluded by commenting on the issue regarding the roof material stating that he was not a big fan of red tile and he believed that the composite roof would blend in better with the hillside and would be compatible with the area. Council Member Lubin agreed with comments made by Council Member Dickens, stating he favored a proportional waiver of the Park impact fees and supported a complete waiver of the Recreation Center Impact Fee. Mayor Pro Tem Runels credited the developer for the proposed project that would provide affordable senior housing and a senior center. He also favored a reduction of a portion of the impact fees. Mayor Lady shared the philosophy of Council Member Dickens' view of the roof material and stated he supported the proposed project. Council Member Lubin moved to conclude the item and continue the Public Hearing to the January 22, 2002 City Council Meeting. Mayor Pro Tem Runels seconded, and the motion carried unanimously by voice vote. 10. CONTINUED BUSINESS 10.a. Agreement with AGP Video for Cablecasting Services. City Manager Adams presented the staff report. Staff recommended the Council approve the proposed agreement with AGP Video for cablecasting services in order to televise City Council meetings on the City's government cable channel. . Council Member Ferrara moved to approve the agreement with AGP Video for cablecasting services in order to televise City Council meetings on the City's government cable channel. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Dickens, Lady NOES: Runels ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 10 11. NEW BUSINESS 11.a. Preliminary Approval of Fiscal Year 2001..Q2 Community Development Block Grant (CDBG) Associate Planner McClish presented the staff report. She stated that thirteen applications had been received and the Council was requested to review the applications and determine which projects should be recommended to the County for funding. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. Bernadette Bernardi, representing the Literacy Council, explained the role of the Literacy Council and appealed to the Council to reconsider their application and allocate some funding to them. Gail Gresham, representing Big Brothers/Big Sisters, explained who and what they are doing in the community and asked the Council to consider allocating some funds to their organization. Mark Schaeffer, representing UCP of SLO County, explained that their organization assists families with children with disabilities to participate in after-school recreation and summer camp programs offered in our County. He said scholarships are given for programs in Arroyo Grande and the City's Parks and Recreation Department is a leader in implementing this program within the County. He expressed appreciation for the recommended allocation of funding for UCP. Rae Fleming, Director of Health Services representing EOC, described the three programs that are requesting funding: Forty Wonderful, Senior Health Screening, and Teen Parenting. Ann Johnson, representing Harvest Bag, explained that Harvest Bag was run entirely by senior volunteers and explained their request for funds was for the lease/rental of a warehouse and the purchase of a new freezer to preserve food until distribution. Roger Castle, representing EOC Home Repair, thanked the Council for its past support and stated that last year's approval of funding helped four needy families. He commented that it was interesting to note that the City was proposing to allocate funds for the Code Enforcement position. He explained that Code Enforcement commonly cites homes in disrepair. He respectfully requested that the City allocate a portion of that funding ($25,000) toward the Home Repair program so that homes may be fixed and therefore not require Code Enforcement activity. Michael Passarelli, representing the Food Bank, stated that the Food Bank was reapplying for the balance of funds needed for their warehouse acquisition project. He gave an overview of Food Bank's distribution to agencies in the South County in 2001. CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 11 Hearing no further comments, Mayor Lady brought the item back to Council for consideration. Discussion ensued regarding the allocation of funds for public services. Staff explained that only 15% of the total allocation of CDBG funds could be awarded for public services. Council Member Ferrara suggested taking the maximum allocation for public services and splitting it evenly across the board among the agencies. Alternatively, he referred to Alternative #2 and suggested one option would be to leave the recommendations as is and give the Literacy Council and Big Brothers/Sisters priority next year or another option would be to reduce a portion of funding from the others to allocate to these two agencies. Council Member Lubin noted an addition error in the Subtotal for Public Services (should be $21,074 instead of $21,751). He suggested reducing each project by $500 which would result in approximately $2,600 to allocate to the other agencies. Council Member Ferrara suggested transferring the $5,000 from the Cuesta College Small Business Development Center project to the EGC Home Repair project. Discussion was held regarding the proposed City Hall project for the renovation of the restroom facilities and widening of the corridor to meet ADA accessibility requirements. Mayor Lady suggested reducing the allocation for the City project by $5,000 and putting it toward the EGC Home Repair project to total $10,000. Following discussion, the Council unanimously concurred with the preliminary project allocations in Alternative #2 as follows: EGC - Forty Wonderful $1,500 EGC Senior Health Screening $3,500 EGC - Teen Parenting $3,100 Literacy Council $1,575 . Big Brothers/Sisters $1,575 UCP of SLG Co. $2,500 The Harvest Bag, Inc. $8,000 EGC Home Repair $10,000 Food Bank Coalition $11,000 City of Arroyo Grande - Building & Fire $90,000 Cuesta College Small Business Center $0 City of Arroyo Grande - Economic Development $0 City of Arroyo Grande - Community Development' $10,000 CITY COUNCIL MINUTES DECEMBER 11, 2001 PAGE 12 : 12. CITY COUNCIL MEMBER ITEMS a) General Plan Update status and request to place related issues on future City Council agenda. (Ferrara) Council Member Ferrara stated he had been contacted by the proponents of the referendum petition and said that despite the fact of the status of the referendum, the proponents and the issue were not going away. He spoke of staff and attorney time and costs and indicated that the next step would be a legal challenge. He requested the Council consider bringing back the issue ona future Agenda for future consideration and discussion. Mayor Lady, Mayor Pro Tem Runels, and Council Member Lubin each separately responded that they were comfortable with their decision on the General Plan and had no interest in further discussing the issue. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Lubin announced the birth of his grandson. 15. STAFF COMMUNICATIONS City Manager Adams reported that the City Engineer had received Final Tract Map 2260 Phase II, owned by Berry Gardens LLC. The subject tract is located between East Grand Avenue and Ash Street on the east side of the new Courtland Avenue extension. This is a split of one parcel of 796,408 square feet in size into fifty-six (56) separate lots ranging from 6,000 to 9,088 square feet in size, and a remainder portion of 318,188 square feet in size. The remainder portion is reserved for the Tract 2260 Phase III map. Unless appealed, the Final Map will be approved or disapproved by the City Engineer within ten days following the date of this agenda. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 10:35 p.m. .~fh#~f Tho as A. Run's, Mayor Pro Tem J 1 ~11J{)/1_Y.._ re, . irector of Administrative Servicesl Deputy City Clerk