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Minutes 2003-06-10 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JUNE 10,2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Lubin, Costello, Mayor Pro Tern Dickens, and Mayor Ferrara were present. Council Member Runels was absent. RDA: Board Members Lubin, Costello, Vice Chair Dickens, and Chair Ferrara were present. Board Member Runels was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, Director of Parks, Recreation, and Facilities Hernandez, and Community Development Director Strong. 3. FLAG SALUTE Kendra Kimlinger, representing Rotary Club of Arroyo Grande, led the Flag Salute. 4. INVOCATION Pastor Lepper, Peace Lutheran Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tern Dickens moved, Council Member Lubin 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 Susan Flores, Arroyo Grande, expressed concerns regarding traffic on Stanley Street, near Paulding Middle School, and stated there were no speed limit signs. She requested the City address the issue and install speed limit signs. - CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 2 8. CONSENT AGENDA Council Member Costello moved, and Council Member Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.1. The motion carried on the following roll-call vote, to wit: AYES: Costello, Lubin, Dickens, Ferrara NOES: None ABSENT: Runels 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period May 15, 2003 through May 31,2003. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council and Regular City Council/Redevelopment Meetings of May 27, 2003, and the Special City Council/Redevelopment Agency Meeting of May 29,2003 as submitted. 8.c. Consideration of GASB 34 Infrastructure Inventory and Valuation Report. Action: Received and filed the GASB 34 (Governmental Accounting Standards Board Statement No. 34) Infrastructure Inventory and Valuation Report. 8.d. Consideration of Participation in the California Joint Powers Insurance Authority (CJPIA) Joint Protection Program Providing Liability Coverage. Action: Adopted Resolution No. 3682 approving the City's participation in the California Joint Powers Insurance Authority (CJPIA) liability coverage program. 8.e. Consideration of a Contractor Services Agreement for Uniform Rental and Related Services. Action: 1) Approved Agreement with AmeriPride Uniform Services in the amount of $15,267.90 (projected over a three-year period); and 2) Authorize the Mayor to execute the Agreement. 8.f. Consideration of Adoption of an Ordinance Amending Portions of Title 16 of the Municipal Code Regarding Second Residential Dwellings; Development Code Amendment 03-003. Action: Adopted Ordinance No. 541 Amending Portions of Title 16 of the Municipal Code Regarding Second Residential Dwellings; Development Code Amendment 03-003. Due to the presentation of Agenda Item 11.a. by Paulding Middle School students, Mayor Ferrara requested the Council consider moving Item 11.a. up on the Agenda to be heard prior to the public hearing items. Council Member Lubin moved to consider Agenda Item 11.a. prior to Agenda item 9.a. Council Member Costello seconded the motion, and the motion carried unanimously by voice vote. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10,2003 PAGE 3 11. NEW BUSINESS: 11.a. Consideration of a Stencil to Mark City Storm Drain Inlets with the Warning: "No Dumping, Drains to Creek". Director of Public Works Spagnolo presented the staff report and explained that Paulding Middle School students, in conjunction with Central Coast Salmon Enhancement, formed an after school club with the purpose of conducting regular stream assessments at Strother Park. He introduced Paulding Middle School teacher, Barry Garroway, who worked with the students to organize a storm drain stenciling program to increase public awareness of the creek and to prevent water pollution. Mr. Garroway introduced students Taylor Hamil and Victoria Carranza who gave an overview of the Paulding Creek Enhancement Project. Mayor Ferrara opened up the item for public comment, and upon hearing no public comments, he closed the floor to public comment and brought the item back to Council for consideration. Council comments included support for the project, and recognition of the Paulding students and Central Coast Salmon Enhancement for their volunteer efforts. Council Member Costello moved to approve the stencil design as recommended (the universal symbol of waves representing water). Mayor Pro Tern Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Lubin, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Consideration of Conditional Use Permit Case No. 02-013 to Construct a Two-Story Building for Retail Sale of Farm Supplies; 1049 EI Camino Real; Jim Brabeck for Farm Supply. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving a mitigated negative declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit 02-013. Mayor Ferrara opened the Public Hearing. - -------.--.. _._---_._.,.,-~_...._-_._~- CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 4 Howard Mankins, Arroyo Grande, provided clarification with regard to the storage shed on the property. He gave a history of the property and commented that the property was located within the City's Redevelopment Area. He referred to past easements that he had granted to the City for which he did not seek compensation and requested that, in light of those past grants, all development impact fees be waived for the project. Jim Brabeck, gave a history of the Farm Supply company and the desire to locate the business in Arroyo Grande. He requested support for waiver of the impact fees. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council and staff discussion and comments included the benefits the project would bring to the City, including the receipt of revenue from future property tax increment on the property; clarification regarding the need for an encroachment permit on EI Camino Real; legal concerns related to additional costs to the applicant resulting from new prevailing wage legislation related to waiving development impact fees; a suggestion to the applicant to look into the SCIP program for infrastructure financing options; concerns regarding cumulative traffic impacts at Brisco/101; and acknowledgement of the pending Brisco/101 Project Study Report and recommendations for improving the intersection. Following discussion regarding the need for an encroachment permit, City Attorney Carmel suggested a modification to Condition of Approval #36 as follows: "The applicant shall be issued a revocable encroachment permit for use of a portion of EI Camino Real for parking purposes. Said permit shall be subject to review and approval of the Public Works Director and City Attorney." The Council concurred with the modification. Council Member Lubin moved to adopt a Resolution, as amended, adopting a Negative Declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit Case No. 02-013, Located at 1049 EI Camino Real, Applied for by Farm Supply. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Costello, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of a Proposed Residential Density Increase and Subdivision of a 5.23-Acre site into 47 Single Family Lots for Property Located at Ash and Courtland Streets (Jasmine Place); S & S Homes. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10,2003 PAGE 5 Mayor Ferrara announced that he did not have a conflict of interest on this item, as his primary residence is approximately 800 feet from the project; therefore, he would participate in the consideration of this item. Community Development Director Strong presented the staff report and recommended the Council: 1 ) Adopt a Resolution approving General Plan Amendment Case No. 02-002; 2) Adopt a Resolution Approving Specific Plan Amendment Case No. 02-001; 3) Introduce an Ordinance Amending the Zoning Map of the City of Arroyo Grande to rezone from RR and SF to MF; and 4) Adopt a Resolution Adopting a Negative Declaration with Mitigation Measures, Instructing the Director of Administrative Services to file a Notice of Determination, and Approving Vesting Tentative Tract Map Case No. 02-001 and Planned Unit Development Case No. 02-004 for 47 residential units known as Jasmine Place at Ash and Courtland Streets as applied for by S&S Homes, subject to certain conditions. Mayor Ferrara referred to Workforce Housing and inquired whether staff had looked into the program. He mentioned that the City of Novato. had implemented a Workforce Housing program and that Atascadero was developing such a program. Director Strong responded that the City did not have a current policy in place; however, the Local Housing Task Force had discussed the issue. Mayor Ferrara opened the Public Hearing. The following members of the public spoke: John Mack, S&S Homes Project Architect, spoke in favor of the project and gave a PowerPoint presentation of the Jasmine Place Project. Jack Hardy, S&S Homes, spoke in favor of the project. Jessica Curtz spoke in favor of the project. Jonathan Hookman spoke in favor of the project. Paul Leininqer, Raspberry Lane, spoke in favor of the project. Chuck Fellows, Arroyo Grande, asked questions regarding the establishment of deed restrictions and soft seconds for the units. Mr. Hastings spoke in favor of the project. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. Director Strong referred to the Supplemental Memorandum distributed to the Council, which included a revised Resolution (on file in the Administrative Services Department) . Following Council comments, staff was requested to review alternatives for sharing of equity with the property owner when establishing the soft second trust deed for the project, and to focus on the establishment of a local workforce housing program. ..--< ---- CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 6 Council Member Lubin moved to adopt a Resolution approving General Plan Amendment Case No. 02-002, located at the intersection of Ash and Courtland Streets, Applied for by S&S Homes. Mayor Pro Tern Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Costello, Ferrara NOES: None ABSENT: Runels There being 4 A YES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin moved to introduce an Ordinance amending the Zoning Map of the City of Arroyo Grande; Development Code Amendment 02-004, applied for by S&S Homes, for property located at the intersection of Ash and Courtland Streets. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution approving Specific Plan Amendment Case No. 02-001, located at the intersection of Ash and Courtland Streets, applied for by S&S Homes. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: Runels There being 4 A YES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution, as amended, adopting a Negative Declaration with mitigation measures, instructing the Director of Administrative Services to file a Notice of Determination, and approving Vesting Tentative Tract Map Case No. 02-001 and Planned Unit Development Case No. 02- 004, located at the intersection of Ash and Courtland Streets, applied for by S&S Homes. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10,2003 PAGE 7 AYES: Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara called a break at 9:45 p.m. The Council reconvened at 10:00 p.m. 9.c. Consideration of Final Environmental Impact Report (FEIR) for Conditional Use Permit Case No. 01-001 and Vesting Tentative Tract Map Case No. 01-002 (Creekside Center); 415 East Branch Street; Applicant- Richard DeBlauw. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution certifying the Final Environmental Impact Report (FEIR) prepared for Conditional Use Permit 01-001 and Vesting Tentative Tract Map 01-002 (the Creekside Center "project") as adequate and complete pursuant to the requirements of the California Environmental Quality Act (CEQA). He introduced Alison Imamura, Denise Duffy & Associates, who gave an overview of the EIR. Mr. Robert Chattel also addressed the Council with respect to how the EIR was organized with regard to cultural and historical resources. Mr. Chattel responded to questions of Council relating to structures in Arroyo Grande listed in the California Register of Historical Resources, and whether or not moving a historical structure would impact its historical significance. Mayor Ferrara opened the Public Hearing. The following members of the public spoke regarding the Final Subsequent Environmental Impact Report for Conditional Use Permit Case No. 01-001 and Vesting Tentative Tract Map Case No. 01-002: Joe Boud, Joseph Boud & Associates, spoke in favor of certification of the EIR. Nancy Loomis, Arroyo Grande resident, expressed concerns with traffic impacts. Chuck Fellows, Arroyo Grande resident and Chairman of Preserve the Village, spoke in opposition to conclusions in the EJR and referred to correspondence submitted which outlined specific objections (on file in the Administrative Services Department). Gordon Bennett, Arroyo Grande resident, expressed concerns with traffic onto Le Point Street and safety concerns related to the children walking on Crown Hill to school. Susan Flores, Arroyo Grande, spoke in favor of certification of the EIR. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 8 Council Member Lubin supported approval of the Final EIR with the exception of the comments added by Commissioner Brown. Council Member Costello expressed concerns with the traffic study with regard to traffic impacts on Le Point Street. He stated that he could understand the community- based arguments for historical significance of the warehouse; however, it could be difficult to determine the structure as historical based on the State criteria. He agreed that the main house is historically significant. He supported any efforts to restore the warehouse or incorporating elements of the warehouse into the design of the project in order to maintain historical integrity of the project. He concluded by stating he had difficulty accepting the traffic study as accurate. Mayor Pro Tern Dickens commented on the historical significance of the Loomis complex and the proposed traffic mitigation. He stated he was not able to certify the EIR as being complete without some additional mitigation measures. He referred to cumulative impacts for traffic and stated that paying of traffic mitigation fees was inadequate mitigation. In addition, he referred to cultural resources and suggested placing historical significance on the complex as a whole. Mayor Ferrara acknowledged the effort that went into the preparation of the EIR; however, he stated there were some issues with the EIR that make certification difficult. He disagreed with the findings with regard to the warehouse structure; disagreed with the traffic analysis ratings for peak hour p.m. traffic and felt that the traffic data needed to be revisited. Mayor Pro Tern Dickens moved to direct staff to work with the EIR consultant to revise the portions that have been identified by Council, recirculate the document if necessary, and return to City Council for consideration of the revised Final EIR. Council Member Costello seconded the motion. City Manager Adams requested clarification of the specific issues the Council would like staff to follow up on. Mayor Pro Tern Dickens responded that the items to be revisited include the Loomis complex as having potential historical significance as a whole and looking at appropriate mitigations; and review of the traffic circulation and additional mitigation measures over and above the acceptance of fees. In response to traffic and circulation, Council Member Costello requested examination of Page 4.11-3, third bullet, and whether or not there is a substantial increase in hazards due to the design feature of the project. City Attorney Carmel asked for clarification on whether the Level of Service (LOS) issue was to be revisited. Mayor Ferrara said yes. There was consensus to include each of the items specified in the discussion. On the following roll-call vote, to wit: .....- -._~- .'.'11'1&,.;;a . CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 9 AYES: Dickens, Costello, Ferrara NOES: Lubin ABSENT: Runels There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 9.d. Continued Public Hearing Item - Consideration of Development Code Amendment Case No. 02-006 to Revise Zoning Regulations for the Village Commercial District and Portions of the General Commercial and Office Professional Districts. Community Development Director Strong recommended the Council continue this public hearing item to June 24, 2003. Mayor Ferrara opened the Public Hearing, and upon hearing no public comments, he closed the Public Hearing. Council Member Costello moved and Mayor Pro Tern Dickens seconded the motion to continue the public hearing to the June 24, 2003 City Council meeting. The motion passed unanimously by voice vote. Mayor Ferrara called a recess at 10:10 p.m. The Council reconvened at 10:20 p.m. 10. CONTINUED BUSINESS: 10.a. Consideration of FY 2003-04 and FY 2004-05 Bi-Annual Budget. [COUNCIL/RDA] City Manager Adams presented the staff report and recommended the Council/RDA: 1) Adopt Resolution approving the FY 2003-04 and FY 2004-05 Bi-Annual Budget; and 2) Approve the proposed changes to the City's Financial Policies. Mayor/Chair Ferrara opened up the item for public comment, and upon hearing none, he closed the floor to public comment and brought the item back to Council/RDA for consideration. Council/Board Member Costello moved to adopt a Resolution approving the FY 2003-04 and FY 2004-05 Bi-Annual Budget; and approve the proposed changes to the City's Financial Policies. Mayor Pro Tern/Vice-Chair Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Lubin, Ferrara NOES: None ABSENT: Runels CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUNE 10, 2003 PAGE 10 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS: a) None. 13. CITY MANAGER ITEMS a) None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS City Manager Adams reminded the Council th.at Cal Poly students woul~ be giving a presentation on the Design Guidelines for the E. Grand Avenue Midway segment on Wednesday, June 11th at 5:00 p.m. in the Council Chambers. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande, commented on the traffic problems surrounding Paulding Middle School and issues related to the Loomis buildings. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 11 :54 p.m. #~N~ Tony M. F ara, Mayor ATTEST: 0 , Director of Administrative S~rvicesl Deputy City Clerk (Approved at CC Meeting 7/ rl 03 )