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Minutes 2004-09-14 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 14,2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City CounciVRedevelopment Agency meeting to order at 7:00 p.m. 2. ROLL CALL City CounciVRDA: CounciVBoard Members Runels, Lubin, Dickens, Costello and Mayor/Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Chief of Police TerBorch, Director of Public Works Spagnolo, Interim Director of Financial Services O'Reilly, and Community Development Director Strong. 3. FLAG SALUTE Charles Howell, Jr. Vice Commander, and Aimee Clayton, Auxiliary Commander, representing VFW Post 2829, led the Flag Salute. 4. INVOCATION Pastor Robert Underwood, First United Methodist Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only CounciVBoard Member Dickens moved, CounciVBoard 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 Connie Dunbar, Arroyo Grande, spoke in support of Measure Q and invited the Council and members of the public to attend a panel discussion to be held at the American Legion Hall on September 22, 2004 at 5:30 p.m. where the topic would be "Genetically Engineered Crops on the Farm: Farmers Share Their Stories". 8. CONSENT AGENDA CounciVBoard Member Costello moved, and Mayor Pro TemNice Chair Lubin 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 - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 14, 2004 PAGE 2 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 16, 2004 through August 31,2004. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of August 31, 2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of August 10, 2004 as submitted. 8.d. Consideration of Conflict of Interest Code Review. [COUNCIURDA] Action: The City Council adopted Resolution No. 3776 amending the City's Conflict of Interest Code including an amended Appendix of Designated Positions and an Amended Appendix of Disclosure Categories; and 2) the RDA Board of Directors adopted Resolution No. 04-01 amending the Redevelopment Agency Bylaws and Conflict of Interest Code to redesignate ex officio positions. 8.e. Consideration of an Agreement with Garing, Taylor and Associates for Well No. 10 Design and Construction Services, PW 2004-07. Action: 1) Approved a Consultant Services Agreement with Garing, Taylor and Associates in the amount of $73,950 for design and construction of Well No. 10; and 2) Authorized the Mayor to sign the Agreement. 8.1. Consideration of Award of Bid for %- Ton Pick-up Truck for the Public Works Department. Action: Awarded the bid of $19,682.16 from Mullahey Ford for a 3A-ton pick-up truck for the Public Works Department. 8.g. Consideration of a Memorandum of Understanding for Employees Represented by the Police Officers' Association. Action: Adopted Resolution No. 3777. 8.h. Consideration of Establishing the Part-time Position of Fire Administrative Officer. Action: Adopted Resolution No. 3778 establishing the part-time position of Fire Administrative Officer. 8.L Consideration of a Resolution Granting a One-Year Time Extension for Conditional Use Permit 99-013 and Variance 01-001; Camino Mercado and West Branch Street. Action: Adopted Resolution No. 3779 approving a one-year time extension for Conditional Use Permit 99-013 and Variance 01-001. 8.j. Consideration of Resolution Extending Hours for Restricted Parking from 3:00 P.M. to 8:00 P.M. on Orchard Street, West Cherry Avenue, California Street, Arroyo Avenue and Pilgrim Way. Action: Adopted Resolution No. 3780 extending hours for restricted parking from 3:00 p.m. to 8:00 p.m. on Orchard Street, West Cherry Avenue, California Street, Arroyo Avenue and Pilgrim Way. 9. PUBLIC HEARINGS 9.a. Consideration of Use of State 2004-05 Citizens Option for Public Safety (COPS) Funds. Chief of Police TerBorch presented the staff report and recommended the Council approve the expenditure of $100,000 as authorized by the State for law enforcement services under the Citizens Option for Public Safety (COPS) Program. In addition, it was recommended that the City -- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 14, 2004 PAGE 3 Council authorize the expenditure of $273 carried over from the City's FY 2003-04 COPS Program. Chief TerBorch responded to questions from Council regarding potential loss of COPS funding in the future. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council Member Dickens moved to approve the expenditure of $100,000 as authorized by the State for law enforcement services under the COPS Program, and authorize the expenditure of $273 carried over from the City's FY 2003-04 COPS Program. Council Member Runels seconded the motion, and on the following roll call vote: AYES: Dickens, Runels, Lubin, 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 10.a. Consideration of Second Amended and Restated Affordable Housing Agreement with Courtland-Arroyo Grande, L.P. [RDA] City Manager Adams presented the staff report and recommended: 1) The Redevelopment Agency Board of Directors adopt a Resolution approving the Second Amended and Restated Affordable Housing Agreement with Courtland-Arroyo Grande, L.P.; and 2) the City Council adopt a Resofution consenting to the approval by the Arroyo Grande Redevelopment Agency of the Second Amended and Restated Affordable Housing Agreement with Courtland-Arroyo Grande, L.P. Tim Mulrenan provided an overview of changes to the Agreement and responded to questions from Council on the impacts to the Redevelopment Agency, the proposed interest rate, and clarification regarding the senior recreation center within the facility. Casey Burke, representing Meta Housing, stated that there would be a small recreation room incJuded in the project; however, he was not aware that it would open to the community. Mayor Ferrara opened up the item for public comment, and. upon hearing none; he closed the public comment period and brought the item back to Council for consideration. Council comments included support for the amended Agreement, noting that the financial terms . and funding were better and more beneficial to the City and the Redevelopment Agency; support for the project, which will provide senior affordable housing in the community; and a strong emphasis on including a senior center in the project for senior community access and use. Further Council and staff discussion ensued regarding the senior center component of the proposed project. Board Member Costello moved to adopt a Resolution approving the Second Amended and Restated Affordable Housing Agreement with Courtland-Arroyo Grande, L.P. subject to and conditioned upon the senior center being made available for reasonable senior community access and use. Vice Chair Lubin seconded the motion, and on the following roll call vote: _. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 14, 2004 PAGE 4 AYES: Costello, Lubin, Runels, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Council Member Costello moved to adopt a Resolution consenting to the approval by the Arroyo Grande Redevelopment Agency of the Second Amended and Restated Affordable Housing Agreement with Courtland-Arroyo Grande, L.P. subject to and conditioned upon the senior center being made available for reasonable senior community access and use. Mayor Pro T em Lubin seconded the motion, and on the following roll call vote: AYES: Costello, Lubin, Runels, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11. NEW BUSINESS 11.a. Consideration of Request by Developer of County Busick Tract Map No. 1789 to Abandon Restriction to Allow Access onto Orchard Street and Acceptance of Mitigation Contribution by City. Community Development Director Strong presented the staff report and recommended the Council discuss project access alternatives and the developer's proposal for mitigation contribution and direct staff regarding City's position for Final EIR and project consideration by County. Staff responded to questions from Council regarding the proposal. Mayor Ferrara opened up the item for public comment. Carlo Alfano, representing JH Land Partnership, clarified issues regarding the existing road which provides emergency access to and from the Vista Del Mar tract, and that it had originally been proposed to be a cul-de-sac. He commented that there had been no success negotiating with Mr. Taylor or the Lucia Mar Unified School District regarding access through Valley Road. He concluded by stating that the developer has explored all the alternatives. Herman Olave commented that these issues were discussed when Vista Del Mar was built and he believed that improvements to Orchard were required that had never been done. He also commented that bike lanes had been installed on Orchard and then taken out. He supported the use of mitigation fees to use for improving and maintaining California and Orchard Streets. AI Prince spoke about the intersection at Orchard and Fair Oaks and the negative traffic impacts that exist. He suggested the City consider putting in traffic lights if additional access is granted through Orchard. Bruce Monarve expressed concern about additional traffic impacts on Orchard from 16 additional homes. Babak Naficv, attorney representing South County Residents for Access, expressed concern about the unacceptably dangerous condition of the EI Campo/101 intersection. He stated that access through Falcon Ridge should be rejected and that access should be through Orchard or Valley Road. He urged the City to direct traffic through the City and not through the County. - I I . . - j CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 14, 2004 PAGE 5 Diana Larsen, Deputy Superintendent of Business for Lucia Mar Unified School District, stated that the Board has not decided what to do with the 10 acres the District owns and has not decided or discussed any future use of the road. She gave an overview of some preliminary ideas for use of the property during renovation of the high school. She reemphasized that the road belongs to the School District. She referred to the proposed Orchard Street access and expressed concern about existing traffic and parking problems in the neighborhood. Mike Murohv referred to the corner of Fair Oaks and Orchard and expressed concern about existing traffic problems. He suggested that if access was granted through Orchard that the project be conditioned to straighten the intersection with the freeway or install a traffic light. Carlo Alfano responded to public comments regarding Vista Del Mar and stated that the project was not conditioned to resurface Orchard. He also commented that the City had requested the bike lanes be removed. Hearing no further public comments, Mayor Ferrara closed the item to public comment. Council questions and discussion ensued concerning the condition of Orchard Street and when it is due for pavement improvements; the level of service at the intersection of Fair Oaks/Orchard; the City's level of control over the freeway alignment at Fair Oaks and Orchard; acknowledgment of significant regional circulation issues in this area; and the need to work cooperatively with the County with regard to traffic circulation. Council Member Dickens spoke about the regional traffic circulation issues surrounding the Fair Oaks/Orchard and EI Campo/101 intersection. He stated it was necessary to continue working cooperatively with the School District and the County with regard to improving traffic circulation in the area. He recommended directing staff to continue working on proposals to eliminate and reduce traffic problems and to enhance circulation. He stated he would deny the developer's proposal for mitigation fees at this time. He emphasized that infrastructure should come first before development. Council Member Costello acknowledged the traffic circulation problems at the Fair Oaks/Orchard and EI Campo intersections; and acknowledged issues related to a potential Valley Road extension. He did not want to create any additional traffic impacts to Orchard. He supported directing staff to work cooperatively with the County to alleviate regional traffic problems. He did not support granting the project access through Orchard. Council Member Runels acknowledged that the EI Campo/101 intersection is not very safe, and the realignment of Fair Oaks/Orchard Street is far off into the future. He commented that the City has the opportunity for funding to repair and improve all of Orchard, West Cherry, California, and Arroyo Avenues. He commented that there are traffic problems at certain hours of the day in this area that can be avoided. He supported the developer's proposal. Mayor Pro Tern Lubin stated that there is no adequate alternative. He commented that it was the City's obligation to determine what is in the best interest of the City. He stated he was not inclined to increase traffic in the City for a County project. He preferred Alternative #4, rejecting the developer's request and to request the County to consider contributing traffic mitigation fees to address impacts to the City. Mayor Ferrara referred to the County project's EI R which included comments by SLOCOG and Caltrans with regard to the traffic impacts of this project, regardless of how it is routed. He - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 14, 2004 PAGE 6 commented on some of the possible access alternatives and agreed that many are outside of the City's control. He stated the City should continue to be a positive influence to try and optimize the opportunity to cut through to Valley Road, by leaving the dialogue open with the School District; continuing to participate in discussions; continuing to meet; continuing to track status of the nature in which the District intends to use the property behind the high school; and looking for opportunities and windows in which the City might partner in acquiring a right of way through the back of the school. He said the City should also continue to work through the agricultural issue with John Taylor and to strategize on replacement of agriculture land according to City policy; and direct staff to take another look at the pavement management priorities to focus on Orchard and the surrounding streets as priorities for improvement. He recommended denying the developer's request and suggested directing staff to continue to monitor the progress of the County project and to ensure that the concerns of the City are voiced to the County, that the City have representation at key County meetings, and that we keep communication open with 4th District Supervisor Achadjian. Mayor Pro Tern Lubin moved to reject the developer's request to abandon the existing restriction to allow access through Orchard Street and offer of mitigation funding, requiring the project to obtain access through Falcon Ridge Estates, and further request County consideration of requirement for traffic development impact fees to be dedicated for future improvements to the EI Campo Road/Highway 101 improvements; along with traffic impact fees to the City of Arroyo Grande, if appropriate, and the inclusion of all comments made by the Council for improving regional circulation. Council. Member Costello seconded the motion. In response to a question by Council Member Dickens, City Manager Adams clarified that the EI Campo Road/Highway 101 Interchange is an identified project even though a specific project alternative has not yet been identified; therefore, impact fees could be applied to the identified project. On the following roll-call vote: AYES: Lubin, Costello, Runels, Dickens, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Mayor Ferrara called a recess at 9:50 p.m. The Council reconvened at 9:55 p.m. 11.b. Consideration of Alternatives Regarding Caltrans Highway 101 Landscaping Project. Director of Public Works Spagnolo presented the staff report and recommended the Council allow the relocation of a water meter for irrigation of landscaping along State Route 101 and direct staff to work with Caltrans to reduce the water consumption requirements. Director . Spagnolo responded to questions from Coun.cil regarding the estimated use of water; why State water wasn't being used; clarification regarding existing connections within the City; identification of other water source alternatives; concern about the use of potable water for landscaping; and clarification of the City's water conservation ordinance. Following further discussion, Council Member Costello moved to approve the relocation of a water meter and allow Caltrans use of the water; however, when non-potable water is available, I - j CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 14, 2004 PAGE 7 it should be switched over; and further, include a clause that should City water usage exceed 97% of available supply that Caltrans cease and desist using any water and go back to using a truck. Director Spagnolo referred to the existing City water conservation ordinance that provides such provisions for turning off water when certain conditions exist. Mayor Pro Tem Lubin seconded the motion. Council Member Dickens asked that the motion include directing staff to negotiate with Caltrans to set up a fund for the potential development of non-potable water sources. Council Member Costello amended his motion to include directing staff to discuss the options and possibilities with Caltrans to partner on finding non-potable sources and seeking funding from Caltrans. Mayor Pro Tern Lubin seconded the amended motion, and on the following roll-call vote: AYES: Costello, Dickens, 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 None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Runels referred back to the Valley Road issue and requested that the Council and staff be sure to invite all the property owners adjacent to the school to participate in future discussions. Mayor Ferrara reported on discussions concerning West Nile Virus at a recent Mayor's meeting held in Atascadero, and stated that the City of San Luis Obispo had adopted Resolutions requesting that the San Luis Obispo County Board of Supervisors support the formation of a Vector Control District and also requesting that the elected representatives of the United States and the State of California allocate funds to research, monitor and eliminate West Nile Virus in California. Upon consensus of the Council, staff was directed to schedule this issue on a future City Council agenda for consideration. Mayor Ferrara also referred correspondence received from Linda Nelson, County Drug and Alcohol Services, to staff regarding upcoming activities related to Red Ribbon Week. Staff was directed to prepare a proclamation recognizing Red Ribbon Week for presentation at a future Council meeting. 15. STAFF COMMUNICATIONS City Manager Adams announced that the Harvest Festival would be held next week on Friday and Saturday, September 24-25th. 16. COMMUNITY COMMENTS AND SUGGESTIONS: None. ---..J CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 14, 2004 PAGE 8 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 10:30 p.m. to the Special Joint Meeting of the City Council and Planning Commission of Wednesday, September 22, 2004 in the Arroyo Grande Council Chambers, 215 E. Branch Street, Arroyo Grande, CA93420. TonYM~~ ATTEST: , <~ft [~t(j{J1LL- ~.. Kelly WeyY10r , Director of Administrative Services/ Deputy City lerk/ Agency Secretary (Approved at CC Mtg IQ-IZ-o~)