Minutes 2003-11-25
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, NOVEMBER 25,2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at
7:00 p.m.
2. ROLL CALL
City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tem Dickens, and
Mayor Ferrara were present.
RDA: Board Members Runels, Lubin, Costello, Vice Chair Dickens, and Chair
Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services Wetmore, Director of Public Works Spagnolo, Community
Development Director Spagnolo, Associate Planner Heffernon, Associate
Planner McClish, and Director of Parks, Recreation and Facilities
Hernandez.
3. FLAG SALUTE
Sharon Ellenson, representing Rotary Club of Arroyo Grande, led the Flag Salute.
4. INVOCATION
Rabbi Norman Mendel, Congregation Beth David, San Luis Obispo, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Lubin moved, Council Member Costello 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.
8. CONSENT AGENDA
Council Members Lubin and Runels requested that Item 8.k. be pulled for a separate roll-call
vote due to financial conflicts of interest.
In response to a question by Council Member Runels regarding Item 8.j., Director Spagnolo
clarified that the consultant would be preparing and reviewing traffic studies for the City based on
the criteria in the City's approved Traffic Monitoring Program.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
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PAGE 2
Council Member Runels moved, and Mayor Pro Tem Dickens seconded the motion to approve
Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion
carried on the following roll-call vote:
AYES: Runels, Dickens, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period November 1. 2003 -
November 15, 2003.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the
Water Facility Fund.
Action: Received and filed the October 2003 cash report and approved the interfund
advance from the Water Facility Fund to cover cash deficits in other funds at October 31,
2003.
8.c. Consideration of Resolution Establishing the Arroyo Grande Career Firefighters
(AGCF) as a Separate Group in CalPERS Medical Insurance Program.
Action: Adopted Resolution No. 3722.
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment Agency
Meeting of November 11, 2003 as submitted.
8.e. Consideration of Cancellation of December 23, 2003 City Council Meeting.
Action: Canceled the regularly scheduled City Council meeting of December 23,2003
due to the holiday.
8.f. Consideration of Appointments to Traffic Commission and Senior Advisory
Commission.
Action: Approved appointments of Scott Metcalf to the Traffic Commission and Paul
Toms to the Senior Advisory Commission as recommended by Council Member Lubin.
8.g. Consideration of a Resolution Requesting a Cooperative Work Agreement (CWA)
for the Bridge Street Bridge Feasibility Study.
Action: 1) Adopted Resolution No. 3723 requesting a Cooperative Work Agreement
(CWA) for the Bridge Street Bridge Feasibility Study thereby extending the federal
funding for an additional year; and 2) Directed staff to forward the Resolution- to Caltrans
by December 1, 2003.
8.h. Consideration for Relief by Mid State Plumbing and Drain Cleaning, Inc. and
Authorization to Re-Advertise Bids for Phase I of the Water Conservation Program.
Action: 1) Consented to the relief of the low bid by Mid State Plumbing and Drain
Cleaning, Inc.; and 2) Authorized the re-advertisement of bids for Phase J of the Water
Conservation Program without the bond requirements.
8.1. Consideration of Acceptance of Easement Agreements, and Authorization of
Payment for the Reservoir No.1, Project No. 2000-04.
Action: 1) Accepted an easement agreement with the Central California Conference
Association of Seventh Day Adventist, and authorized payment in the amount 'of $25.762;
and 2) Accepted permanent and temporary easement agreements with the California
Pacific Annual Conference of the Methodist Church, and authorized payment in the
amount of $19,342.77.
8.j. Consideration to Approve a Services Agreement for the Citywide Traffic Monitoring
Program and Retainer Services to Prepare and Review Traffi~ Studies.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
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Action: 1) Approved a three year Consultant Services Agreement with Omni-Means in
the amount of $71,998 for the Citywide Traffic Monitoring Program and retain services to
prepare and review traffic studies; 2) Authorized the City Manager to approve and
execute contract amendments in the amount of $7,200 for unanticipated services during
the three year term of the Agreement; and 3) Appropriated $46,998 for the Consultant
Services Agreement and $7,200 for unanticipated services for a total of $54,198 from the
Transportation Facility Impact Fund.
8.k. Consideration of Approval of Parcel Map AG 02-0446; Subdividing One (1) Parcel
into Two (2) Commercial Parcels; 1540 E. Grand Avenue.
Recommended Action: Approve Final Parcel Map AG 02-0446, subdividing 1.75 acres
into two (2) commercial lots.
Mayor Pro Tern Dickens moved to approve Item 8.k. as recommended. Council Member Costello
seconded the motion, and the motion carried on the following roll-call vote:
AYES: Dickens, Costello, Ferrara
NOES: None
ABSENT: Lubin, Runels
9. PUBLIC HEARINGS:
9.a. Consideration of Resolution Approving the Issuance of Tax-Exempt Bonds by the
California Statewide Communities Development Authority for the Financing of the
Courtland-Arroyo Grande, L.P. Senior Affordable Housing Project and Discussion
of Extension and Requested Changes to the Disposition and Development
Agreement. [COUNCILIRDA]
City Manager/Executive Director Adams presented the staff report and recommended the
Council adopt a Resolution approving the issuance of tax-exempt bonds by the California
Statewide Communities Development Authority for the financing of the Courtland-Arroyo Grande,
L.P. Senior Affordable Housing Project; and direct staff to prepare the modifications to the
Disposition and Development Agreement (DDA) requested by the applicant for consideration at
the December 9, 2003 meeting.
City Manager/Executive Director Adams introduced Tim Mulrenan from Rosenow, Spevacek
Group, Inc., who gave an overview of the applicant's efforts to obtain tax credits for the project
and responded to questions from Council. Larry Persons, Pacific Harbor Homes,. addressed the
Council and responded to questions regarding prevailing wage requirements. Mike La Pierre,
representing California Statewide Communities Development Authority (CSCDA), responded to
questions regarding how the bonds are issued.
Mayor/Chair Ferrara opened the public hearing, and upon hearing no public comments, he
closed the public hearing.
Council and staff discussion ensued regarding prevailing wage requirements; the timeframe for
issuing the bonds; the potential financial impact to the City; concern regarding the reduction of
affordable units in the project; and the need to explore funding strategies to ensure success of
the project.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
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Following discussion, City Attorney Carmel noted that there was a typographical error that
needed to be corrected in the 2nd recital in the Resolution stating that the proposed project is a
10B-unit multifamily senior residential rental facility, not a 1 Q-unit facility. The correction was
noted.
Council Member Costello moved to adopt a Resolution of the City Council of the City of Arroyo
Grande, as amended, approving the issuance of multifamily housing revenue bonds for the
purpose of financing the acquisition and construction of the Courtland Senior Apartments. Mayor
Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit:
AYES: Costello, Dickens, Lubin, Ferrara
NOES: Runels
ABSENT: None
There being 4 AYES, 1 NO, and 0 ABSENT, the motion is hereby declared to be passed.
9.b. Consideration of a General Plan Amendment to Change the Land Use Category
of a 10.3-Acre Property from Low Medium Density Residential (LM) to Medium
High Density Residential (MH) Allowing up to 9.0 Dwelling Units Per Acre;
Development Code Amendment to Change the Zoning Designation from
Residential Suburban (RS) to CondominiumlTownhouse (MF); Planned
Development Amendment to allow more flexibility in design and more efficient
use of land; and Vesting Tentative Tract Map to Subdivide the Property into
Sixty-Five (65) Residential Lots for Property Located on the North Side of
Farroll Avenue between Oak Park Boulevard and Golden West Place; Applied
for by Don McHaney.
Associate Planner Heffernon presented the staff report and recommended the Council: 1) Adopt
a Resolution approving General Plan Amendment Case No. 02-001; 2) Introduce an
Ordinance amending the Zoning Map of the City of Arroyo Grande and amending Planned
Development 1.5 (Development Code Amendment 02-002 and Planned Development
Amendment 02-001); and 3) 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 (VTTM) Case No. 02-002, as
amended, subject to certain conditions. Associate Planner Heffernon reviewed the
proposed revisions to the Conditions of Approval for VTTM 0-2-002 which eliminated all
references to a Homeowner's Association and that maintenance of all common facilities will
be financed and administered through a Maintenance District.
Mayor Pro Tem Dickens acknowledged that a letter that had been distributed to Council from
Jacqueline King and asked staff for clarification. Associate Planner Heffernon explained that Ms.
King's concerns related to access and drainage issues as they related to her adjoining property.
Director of Parks, Recreation, and Facilities Hernandez reviewed the Parks and Recreation
Commission's recommendation regarding the alignment of the proposed trail.
Mayor Ferrara opened the public hearing.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
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John Mack, representing S&S Homes, gave a presentation of the project, stated that the
applicant agreed with the Conditions of Approval, and spoke in support of the project.
Jim Guthrie, Arroyo Grande, referred to the General Plan Circulation Element and commented
on the proposed trail. He also commented on the proposed design and size of the retention
basin.
Joe Gilpin, representing SLO County Bicycle Coalition, spoke regarding the proposed
recreational trail as it relates to crime and stated that all three proposed options have good sight
lines. He favored Option C and encouraged the City to allow bicycles to use the trail.
Paul Savaae, Dixson Street, expressed concerns regarding the proposed lot sizes on 13 of the
lots; concerns about the cut-through of the trail from Dixson Street; and the need for parking on
Dixson Street.
Ted Aclan, Brighton Avenue, spoke in support of the proposed trail and stated as an advocate
for cyclists, he hoped the trail did not exclude the use of bicycles.
Dan Miller, Golden West Place, expressed concerns regarding the design of 2-story homes
along Golden West Place, which are 1-story homes and the loss of privacy. He also requested
additional and improved landscaping along the project frontage than what currentJy exists along
Farroll Road. He further expressed concern with the density of the proposed project and the loss
of access to the gate at the rear of his property.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council and staff discussion ensued regarding the project's proposed density; the need for
affordable housing units; the trail options (there was consensus for Option A with a 10-foot
width); supporting bicycle use on the trail; the need for landscaping and maintenance on Farroll
Road; expanding the drainage basin to increase its capacity; modifying the placement of
windows on two of the proposed units (lots 13 and 14); and incorporating conditions for providing
workforce housing.
Council Member Lubin moved to adopt a Resolution amending the General Plan Urban Land
Use Element Map; General Plan Amendment 02-001, applied for by Don McHaney. Council
Member Runels seconded the motion, and on the following roll-call vote:
AYES: Lubin, Runels, Costello, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Council Member Lubin moved to introduce an Ordinance amending the Zoning Map to designate
the subject property as CondominiumfTownhouse (MF) with a Planned Development Overlay;
Development Code Amendment 02-002 and Planned Development Amendment 02-001, applied
for by Don McHaney, for property located on Farroll Avenue. Mayor Pro Tem Dickens seconded
the motion, and on the following roll-call vote:
AYES: Lubin, Dickens, Runels, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
NOVEMBER 25, 2003
PAGE 6
Council Member Lubin moved to adopt a Resolution, as amended (Conditions of Approval 6, 15,
17, 114), 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. 02-002, located on Farroll Avenue, applied for by Don McHaney. Council
Member Costello seconded the motion, and on the following roll-call vote:
AYES: Lubin, Costello, Runels, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Mayor Ferrara called for a break at 9:55 p.m. The Council reconvened at 10:05 p.m.
9.c. Continued Public Hearing - Development Code Amendment Case No. 03-005 and
General Plan Amendment Case No. 03-001.
Associate Planner McClish presented the staff report and recommended the Council: 1 )
Introduce an Ordinance amending Title 16 of the Arroyo Grande Municipal Code
(Development Code Amendment 03-005) to incorporate regulations and amending the
Zoning Map, placing a perimeter overlay district of 100 feet around agriculturally zoned
properties for the purposes of agricultural buffers, requiring adequate findings for subdivision
or rezoning of agricultural lands, implementing mitigation requirements and revising land use
regulations for Agricultural Districts; and 2) Continue General Plan Amendment Case No. 03-
001. Associate Planner McClish also noted that Exhibit B to the Ordinance had been modified to
add language in Section 16.12.1740.E.4. which had been inadvertently omitted.
Mayor Ferrara opened the public hearing.
Reuel Estes, E. Cherry, spoke in opposition to buffer zones.
John Keen, N. Elm Street, spoke in opposition to buffer zones. He stated that the proposed
Overlay District was not necessary with the existing Right-to-Farm Ordinance in effect. He
suggested the Council continue the item for further public noticing and public comment.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Following Council comments, Council Member Costello moved to introduce an Ordinance, as
amended (Exhibit B, Section 16.12.170.E), amending Title 16 of the Municipal Code
(Development Code Amendment 03-005) to incorporate regulations and amending the
Zoning Map for Overlay District A-1.2, placing a perimeter overlay district of 100 feet around
agriculturally zoned properties for the purposes of agricultural buffers, requiring adequate
findings for subdivision or rezoning of agricultural lands, implementing mitigation
requirements and revising land use regulations for Agricultural Districts. Mayor Pro T em
Dickens seconded the motion, and on the following roll-call vote:
AYES: Costello, Dickens, Ferrara
NOES: Runels, Lubin
ABSENT: None
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
NOVEMBER 25, 2003
PAGE 7
There being 3 AYES, 2 NOES, and 0 ABSENT, the motion is hereby declared to be passed.
Council Member Costelio moved to continue General Plan Amendment Case No. 03.001. Mayor
Pro Tern Dickens seconded the motion, and on the following roll-call vote:
AYES: Costello, Dickens, Ferrara
NOES: Runels, Lubin
ABSENT: None
There being 3 AYES, 2 NOES, and 0 ABSENT, the motion is hereby declared to be passed.
9.d. Continued Public Hearing - Consideration of General Plan Amendment Case No.
03-005 - 2003 Housing Element Update.
Associate Planner Heffernan presented the staff report and recommended the Council review
changes made to the 2003 Housing Element since the November 11, 2003 Council meeting,
receive public comment on the document, and adopt a Resolution approving General Plan
Amendment 03-005 - the 2003 Housing Element.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Council Member Lubin moved to adopt a Resolution adopting the 2003 Housing Element of the
General Plan; adopting a Negative Declaration and instructing the Director of Administrative
Services to file a Notice of Determination. Mayor Pro Tem Dickens seconded the motion, and on
the following roll-call vote:
AYES: Lubin, Dickens, Runels, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORT A). Discussed funding strategy for Boardwalk
project in Grover Beach/Pismo Beach; reviewed personnel issues and
evaluations.
(2) Integrated Waste Management Authority (lWMA). Discussed whether IWMA
should become the Local Enforcement Agency for San Luis Obispo County.
(3) Other. None.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
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b. MAYOR PRO TEM JIM DICKENS:
(1) South County Youth Coalition. No report.
(2) South San Luis Obispo County Sanitation District (SSlOCSD). Reviewed
three areas of the sewer collection system, two of which are located in Arroyo
Grande - the Bakeman sewer trunkline and the Fair Oaks sewer trunkline. A study
to evaluate deficiencies is being conducted. Also reported on routine
maintenance at the Plant. The Plant is running well within the guidelines. An
issue of concern regarding a proposed SLO County Ordinance to limit bio-solids
distribution was discussed.
(3) Other. None.
c. COUNCil MEMBER THOMAS A. RUNElS:
(1) Zone 3 Water Advisory Board. Lopez Lake is at 50% capacity; the Plant is
running well. State water has been shut off; other entities are relying on Lopez
water.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other.
d. COUNCil MEMBER SANDY lUBIN:
(1) South County Area Transit (SCAT). Received Annual Report. Staff was
directed to distribute copies to Council.
(2) Economic Vitality Corporation (EVC). No report. (Council receives weekly
President's Reports via e-mail)
(3) Other. None.
e. COUNCJl MEMBER JOE COSTEllO:
(1) Air Pollution Control District (APCD). Reviewed budget and two new programs.
Applying for grant funds for greenwaste chippers.
(2) Other.
13. CITY COUNCil MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCil COMMUNICATIONS:
Mayor Ferrara requested, and Council concurred, that an item be placed on the next City Council
agenda for discussion regarding the designation of the California Integrated Waste Management
Board as the City's Local Enforcement Agency.
16. STAFF COMMUNICATIONS:
City Manager Adams gave a status report on the Vehicle License Fee issue and its potential
impacts on the City.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
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PAGE 9
18. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 11.58 p.m.
Kelly We or Director of Administrative Services/
Deputy City Clerk/Agency Secretary
(Approved at CC Mtg /-/1-0'1 )