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Minutes 2004-01-13 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JANUARY 13, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the ReguJar City Council/Redevelopment Agency meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Costello, Mayor Pro Tem Lubin, and Mayor Ferrara were present. RDA: Board Members Runels, Dickens, Costello, Vice Chair Lubin, and Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Financial Services Snodgrass, Director of Public Works Spagnolo, Community Development Director Strong, Chief Building Inspector Schmidt, and Assistant Planner Bergman. 3. FLAG SALUTE Members of Camp Fire, Wi-Be-Fu-Lo-Fri-Gi, led the Flag Salute. 4. INVOCATION Pastor Richard Scharn delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW . 6.a. Resolutions and Ordinances Read in Title Only Council Member Dickens moved, Council Member 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 Craio Kaiser, Arroyo Grande, urged the Council to explore alternatives for establishing a senior center in Arroyo Grande. He suggested the Council consider entering into discussions with the County of San Luis Obispo regarding the potential availability and use of the South County Regional Center for senior activities. Joe Gilpin, representing the SLO County Bicycle Coalition, thanked the City and the Council for adding bike lines on E. Grand Avenue. He suggested the City consider resti"iping Halcyon Road to provide similar bike lanes. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 2 Matt Horan, Arroyo Grande, expressed concerns regarding the number of recent closures of Rancho Grande Park and requested that the City either post signs or better notify the neighborhood in the event of future closures. 8. CONSENT AGENDA Council Member Costello moved, and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8.0., with the recommended courses of action. City Attorney Carmel read the titles of the Ordinances in Items 8.k and 8.0. The motion carried on the following roll-call vote: AYES: Costello, Runels, Dickens, Lubin, and Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period December 1,2003 through December 31,2003. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of December 31,2003. 8.c. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the November 2003 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds at November 30,2003. . 8.d. Consideration of Annual Adjustment of Impact Fees. Action: Adopted Resolution No. 3729 approving the annual adjustment to the City's Impact Fees. 8.e. Consideration of In-Lieu Fee for Off-Street Parking Adjustment. Action: Adopted Resolution No. 3730 approving an adjustment to the in-lieu fee for off-street parking in the Parking and Business Improvement Area of the Village. 8.1. Consideration of Report on Development Impact (AB-1600) Fees. Action: Accepted and filed the report on the receipt and use of AB-1600 fees during the fiscal year ending June 30, 2003. 8.g. Consideration of Communications Site Lease Agreement with Pacific Bell Wireless, LLC dba Cingular Wireless. Action: Approved and authorized the Mayor to execute the Communications Site. Lease Agreement with Pacific Bell WireJess, LLC dba Cingular Wireless for use of approximately five hundred ten (510) feet of property located at Reservoir #4. 8.h. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meetings and Regular City Council/Redevelopment Agency Meetings of November 25, 2003 and December 9,2003 as submitted. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 3 8.i. Consideration of Acceptance of Federal FIRE (Fire Investment and Response Enhancement) Act Grant Funding. Action: Accepted the Federal FIRE Act Grant funding in the amount of $237,867.00. 8.j. Consideration of Authorization to Purchase Replacement Canine Vehicle. Action: Authorized staff to purchase one (1) replacement Police Department canine vehicle from Mullahey Ford for $22,897.50. 8.k. Consideration of Ordinance Amending the Redevelopment Plan to Extend the Time Limit of the Redevelopment Plan by One Year. [COUNCIURDA] Action: Adopted Ordinance No. 551 amending the Redevelopment Plan to extend the term of the PJan by one year. 8.1. Consideration of Authorization to Refund Application Fees for Christmas Concert in the Gazebo, Christmas Parade and Tree Lighting. Action: Approved the request from the Arroyo Grande Village Improvement Association to refund the fees for Temporary Use Permits 03-029 and 03-030. 8.m. Consideration to Award a Contract for Phase I of the Water Conservation Program to SLO Plumbing. Action: 1) Awarded a contract for Phase I of the Water Conservation Program to SLO Plumbing in the amount of $267,650; and, 2) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.n. Consideration of Acceptance of the Soto Sports Complex Lighting Project, PW 2003-02. Action: 1) Accepted the project improvements as constructed by Lee Wilson Electric Company in accordance with the plans and specifications for the Soto Sports Complex Lighting Project; 2) Directed staff to file a Notice of Completion; and, 3) Authorized release of the retention of $19,292.50, thirty- five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.0. Consideration of Development Code Amendment 03-006 - Adopt Ordinance Amending the Zoning Map and Portions of Title 16 of the Arroyo Grande Municipal Code for the Traffic Way and Station Way Area. Action: Adopted Ordinance No. 552 amending the Zoning Map and portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 03-006), rezoning a portion of the Highway Commercial, General Commercial and Village Mixed Use Districts to Traffic Way Mixed Use; and amending Design Guidelines and Standards for Design Overlay District D- 2.11. 9. PUBLIC HEARINGS: 9.a. Consideration of Adoption of a Mitigated Negative Declaration for the Reservoir No.1 Replacement Project. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 4 Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Adopt a Negative DecJaration with Mitigation Measures for the Reservoir No. 1 Replacement Project; and 2) Approve tree mitigation recommendations. Director Spagnolo, Shawna Scott, representing Morro Group, and Parks Maintenance Worker Pete McClure responded to questions from Council regarding the proposed tree mitigation measures, soil conditions at the site, and the success rate for transplanting Oak trees. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council discussion ensued regarding support for the Reservoir No. 1 replacement project; the construction project timeline; the advisability and cost factors of transplanting the Oak trees; and suggested alternatives for the oak tree mitigation plan. Mayor Ferrara stated that no attempt had been made in the City to transplant an Oak tree and suggested that as an experiment, the City should consider transplanting one tree instead of three. Following further discussion, a majority of the Council agreed to modify the alternative tree mitigation plan by reducing the number of oaks to be relocated on site from 3 to 1. Council cited high cost ($22-24,000 per tree) and limited success rates (50% or less) in transplanting Coast Live Oak trees, particularly when the relocation process is started at this time of year. Council Member Lubin moved to adopt a Resolution adopting a Mitigated Negative Declaration for the Reservoir No. 1 Replacement Project, as modified to reduce the number of trees to be relocated from three (3) to one (1). Council Member Costello seconded the motion, and on the following roll-call vote: AYES: Lubin, Costello, Dickens, Runels, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.b. Consideration of Preliminary Approval of Fiscal Year 2003-2004 Community Development Block Grant Projects (CDBG). Assistant Planner Bergman presented the staff report and recommended the Council provide preliminary approval on the proposed funding of Fiscal Year 2003-2004 CDBG Projects. Mayor Ferrara opened the public hearing. Herman Olave, President of Harvest Bag, expressed concerns that the funds awarded to Harvest Bag last year had not yet been received. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 5 Assistant Planner Beraman explained the Federal funding process and assured Mr. Olave that he would follow up on the issue. Michelle Ladv, representing Big Brothers/Big Sisters, spoke about the Big Brothers/Big Sisters organization and thanked the Council for consideration of their application. Dori Younaer, representing the EOC, thanked the Council in advance for consideration of their application. Bernadette Bernardi, representing the SLO Literacy Council, thanked the Council for consideration of its application. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello moved to provide preliminary approval on the proposed funding of Fiscal Year 2003-04 CDBG projects, as presented. Mayor Pro Tem Lubin seconded the motion, and on the following roll-call vote: AYES: Costello, Lubin, Runels, Dickens, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.c. Continued Public Hearing - Consideration of an Ordinance Amending Ordinance No. 355 and Approving Development Code Amendment 02- 001, and a Residential Subdivision of a 29.46-Acre Site into 15 Single Family Lots, Two (2) Open Space Parcels, and a 1.28-Acre Parcel for Future Development of Four (4) Moderate-Income Units for Property Located Within the Royal Oaks Planned Development; Lot 182 and Portion of Lot B, Tract 1390; Don McHaney. Associate Planner Heffernon presented the staff report and recommended the Council: 1) Introduce an Ordinance amending Ordinance No. 355 and the Zoning Map and approving Development Code Amendment 02-001; and 2) Adopt a Resolution approving Vesting Tentative Tract Map 02-005. Project Architect Craig Smith responded to questions from Council regarding the proposed affordable housing component of the project; the proposed safety railing along the trail; access issues concerning the trail; and whether or not the size of the proposed affordable homes could be increased within the proposed building footprints. Mayor Ferrara opened the public hearing. Craia Smith, project architect, spoke in favor of the project and highlighted a few changes made to the project to address the Council's previous concerns, such as the driveway/garage design and automobile maneuverability. He addressed the topography of the site as it related to the buildability of Lot C, and suggested a green - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 6 rail for the proposed safety rail. He referred to condition #73 of the proposed resolution and expressed concern regarding the requirement for providing a 10-foot wide bench along the open space side of the roadway. He indicated that because of physical site conditions it should be six (6) feet wide in some areas. Associate Planner Heffernon relayed that the 10-foot requirement was pursuant to Council direction given at the previous meeting. Jim Guthrie, Arroyo Grande, spoke regarding the affordable housing component of the project and stated that there was a significant separation of land between the development of the 15 market rate units and the 4 affordable housing units and supported the project as proposed. Matt Horan, Arroyo Grande, supported the placement of a barrier between Grace Lane and the proposed development. Tyler Brown, Arroyo Grande, expressed concerns regarding increased traffic volume and noise and decreased quality of life. He also encouraged the Council to carefully review the quality and width of the proposed trail; stated that he did not see any trees on the proposed plans; and commented that pulling out onto Grace Lane is dangerous. Craia Smith, project architect, responded by stating that the site plan includes many trees and that with regard to traffic, the proposed extension of Grace Lane will reduce trip counts on Rodeo Drive. Bill Nester, project developer, expressed concern about being able to meet the 10- foot wide bench requirement for the open space side due to the slope and grading work that would be required. Discussion ensued with regard to the possibility of varying the width of the trail in certain areas due to the sloping terrain. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments and discussion ensued regarding the size of the affordable units; reducing the width of the trail where necessary; and ensuring that the fencing material is appropriate to the site. Mayor Ferrara also expressed concern with allowing horses on the trail and suggested that appropriate signage be posted to ensure pedestrian and equestrian safety. It was agreed by a majority of the Council to amend Conditions of Approval #'s 10.b. and 73 to read as follows: 10.b. Prior to recording the final map, the applicant shall demonstrate the buildability of Lot C (through soils testing and foundation engineering). If the City reasonably determines that Lot C is buildable, the applicant shall submit a parcel map application to create four (4) separate lots and, if subsequently approved, building permit applications to construct the units, and shall record a restrictive covenant on Lot C that it be developed with four (4) housing units, each a minimum of 1.700 SQuare feet, affordable to moderate-income households.. ... " - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 7 73. . 6 feet wide concrete sidewalks with concrete curb and gutter on residential side of the street and, to the areatest extent feasible, a ten- foot wide bench on open space side with decomposed granite surfacing. Mayor Pro Tem Lubin moved to introduce an Ordinance amending Ordinance No. 355 C.S. "Royal Oaks Estates" to increase the maximum allowed density within the Planned Development, and amending the Zoning Map to designate the subject property as Residential Rural (RR) with a Planned Development Overlay; Development Code Amendment 02-001, applied for by Don McHaney, for property located on Grace Lane (Lot 182 and portion of Lot B of Tract 1390). Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Mayor Pro Tem Lubin moved to adopt a Resolution, as amended (Conditions 10.b. and 73), adopting a Mitigated Negative DecJaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Vesting Tentative Tract Map Case No. 02-005, located on Grace Lane (Lot 182 & portion of Lot B of Tract 1390), applied for by Don McHaney. Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Mayor Ferrara called for a break at 9:15 p.m. The Council reconvened at 9:22 p.m. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Agreement and Appropriation to Contract for a Retail Trade Area Determination Study and Community RetaillD Program. [COUNCIURDA] City Manager/Executive Director Adams presented the staff report and recommended the Redevelopment Agency Board of Directors appropriate $11 ,000 in the i ! - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 8 Redevelopment Agency budget and authorize the City Manager/Executive Director to enter into an agreement with The Buxton Company to prepare Phase I of a retail trade area determination study and community retaillD program. Amy Wetzel, representing The Buxton Company, gave a brief presentation and responded to questions from Council regarding the nature and type of data used, the scope of Phase I analysis, site selection issues, and time needed to produce the Phase I analysis. Chair Ferrara opened the item for public comment. Steve Ross, Arroyo Grande, asked if the study would ever be expanded to include areas outside of Grand Avenue. Executive Director Adams responded that based on the success of the study, the City may consider expanding the study area. Upon hearing no further public comments, Chair Ferrara closed the item to public comment. Following Board comments in support of Phase I of the study, Board Member Dickens moved to appropriate $11,000 in the RedeveJopment Agency budget and authorize the City Manager/Executive Director to enter into an agreement with The Buxton Company to prepare Phase I of a retail trade area determination study and community retail ID program. Board Member Costello seconded the motion, and on the following roll-call vote: AYES: Dickens, Costello, Runels, Lubin, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS: a) Discussion of Requested Use of South County Regional Center by Local Senior Group for Senior Activities. (DICKENS) Council Member Dickens gave an overview of the activities that had taken place over the past two years in an effort to identify a facility where seniors can gather on a daily basis. He reported that it had come to his attention that the contract between the County of San Luis Obispo and the Arroyo Grande Chamber of Commerce for operation of the South County Regional Center was due to expire in June 2004. He referred to "The Five Cities Senior Activity" group, which had formed a non-profit IRC Section 501 (c)(3) entity for the purpose of establishing and operating a senior center, and that Mr. Earl Paulding was present tonight to address the Council regarding this CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 9 unmet need. Council Member Dickens stated that he had sent a letter to Supervisors Achadjian and Pinard requesting that the contract be reevaluated to pursue possible alternatives, including access to the Regional Center by the South County's senior community. Council Member Dickens requested discussion and feedback from the Council. Mayor Ferrara opened up the item for public comment. Earl Pauldina, Arroyo Grande, stated he had been trying for some time to find a senior center. He referred to the South County Regional Center and stated that he had observed that it is being underutilized. He spoke of the need to provide a community center for seniors, and supported all efforts to secure use of the Regional Center for this purpose. He stated that he would be meeting with Supervisor Achadjian in the next week to discuss the issue. Heather Jensen, CEO of the Arroyo Grande Chamber of Commerce, gave an overview of the Chamber's arrangement with the County to maintain and operate the South County Regional Center, which is rented out to many community service organizations and to residents for social events. She indicated that it has been a successful arrangement with the County. She reported that discussions had taken place in the past in an effort to provide space for the seniors; however, the senior group had turned down an offer that had been made to use the Center at a very minimal cost. She expressed concern that this issue was before the City Council since the Regional Center is not a City building and is owned by the County. She noted that the County has already provided senior centers in Oceano and Nipomo; however, she indicated that the Chamber is willing to work cooperatively to meet this unmet need. Mayor Ferrara closed the issue to public comment. Council Member Dickens responded that the reason the issue was before the Council was because in 1999, the Council approved the formation of a Community Recreation Center Subcommittee to explore alternatives in the South County for providing a multi-use recreational facility. He gave an overview of the Committee's efforts to identify locations, which included the South County Regional Center because it is a public facility. Council Member Runels referred to the Council approved senior development project on Camino Mercado, which is to include a large senior community room open to the senior public at specified times, and inquired what the status of that project was. Council Member Costello asked questions regarding senior use of various facilities. He supported recommending to the County that they consider providing a balanced use of the RegionaJ Center to meet the needs of the community. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 10 Mayor Pro Tem Lubin stated that he was on the Chamber Board 15 years ago when the contract between the County and the Chamber of Commerce for the Regional Center was approved. He stated that from a manpower and financial standpoint, maintaining, operating, and staffing the facility is a significant task. He referred to correspondence from Mr. Paulding dated November 7th which indicated that in his discussions with the senior groups, the senior organizations were not in favor of taking over the Regional Center due to the responsibility and potential liability. Mayor Pro Tern Lubin referred to the Oceano Senior Center, which is not fully utilized and was specifically designed for the use by South County seniors. Mayor Pro Tern Lubin also commented that he had spoken with Supervisor Achadjian who clarified that he was interested in making sure the seniors have activities and facilities to meet their needs; however, he was not interested at this time in taking operation of the Regional Center away from the Chamber of Commerce. Mayor Pro Tem Lubin concluded by stating that the seniors are very important to our community and it is important to provide them with facilities. He stated he did not think this was the appropriate avenue to take at this time; he would not support the City taking over the operation and maintenance of the RegionaJ Center; and encouraged additional meetings to explore the issue. Mayor Ferrara observed that he was not as concerned about providing a single venue as he was about the need for a comprehensive and vibrant senior program. He suggested that all the appropriate stakeholders in the community meet to work cooperatively to address the issue of a senior program, which might involve more than one venue on an interim basis, so that some sort of a schedule could be developed for utilization of both facilities in such a way that it would not impede other use of the Woman's CJub or Regional Center. Council Member Dickens stated that the intent was to look at this public facility and to ask the County to review the South County needs as a whole. He commented that the Regional Center was a public facility under contract and the contract could be re- evaluated to meet a particular need. Following further discussion, staff was directed to prepare a letter to Supervisor Achadjian communicating the City Council's discussion regarding use of the RegionaJ Center for senior activities. b) Request to provide status report and discussion regarding retrofit of unreinforced masonry buildings. (COSTELLO) Council Member Costello requested staff to provide a status report regarding seismic retrofit of unreinforced masonry buildings located in the City. I Chief Building Inspector Schmidt reported that in 1990, the City initiated an inspection ! program and identified 26 unreinforced masonry structures. During that year, the City I held several town meetings to educate property owners of the need to reinforce I CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JANUARY 13, 2004 PAGE 11 these buildings. In response, property owners moved forward with an aggressive retrofit program on an entirely volunteer basis. Since then, all 26 buildings have been issued permits for their retrofit projects, and 25 of them have been completed. He stated he had been informed that the one remaining building retrofit would soon be under way. Following discussion, staff was directed to prepare a press release regarding the retrofitting of unreinforced masonry buildings completed by owners on a voluntary basis and the impact that program had in avoiding damage during the recent earthquake. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Runels requested that staff research and report back to the Council regarding potential City participation in the Nacimiento water project. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 11 :00 p.m. Tony M. Ferr ATTEST: I ~M- Kelly We or , Director of Administrative Servicesl Deputy City Clerk/Agency Secretary (Approved at CC Meeting I, 1.?, 04 )