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Minutes 2006-11-28 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, NOVEMBER 28, 2006 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 7:01 p.rn. 2. ROLL CALL City Council/RDA: Council/Board Members Jim Dickens, Joe Costello, Mayor Pro TemNice Chair Jim Guthrie, and Mayor/Chair Tony Ferrara were present. Council/Board Member Arnold was absent. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works/City Engineer Don Spagnolo, Chief of Police Tony Aeilts, Community Development Director Rob Strong, Assistant Planner Ryan Foster, and Assistant Planner Jim Bergman. 3. FLAG SALUTE Members of Girl Scout Cadet Troop 829 of Tres Condados led the Flag Salute. 4. INVOCATION Mayor Ferrara delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation - Michele Stearns, Arroyo Grande Police Department. Mayor Ferrara presented a Mayor's Commendation to Michele Stearns in recognition of her outstanding work and exemplary skills in managing volunteers, designing and conducting crime prevention programs and representing the Arroyo Grande Police Department and community. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only Council Member Costello moved, Mayor Pro Tem Guthrie seconded, and the motion passed unanimously that all 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 Mayor/Chair Ferrara invited any member of the public who wished to comment on any Consent Agenda item to do so at this time. There were no public comments received. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 2 Council Member Dickens declared a conflict of interest on Item 8.j. due to his indirect financial interest in the Dixson Ranch and stated he would recuse himself from voting on the item. Mayor Pro TemNice Chair Guthrie moved, and Council/Board Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: ABSTAIN: Arnold, Dickens, Costello, Guthrie, Ferrara None None Dickens (recused on Item 8.j. only, due to conflict of interest duly noted) a.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 1, 2006 through November 15, 2006. a.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of October 31, 2006. a.C. Consideration of Lease Agreement Between the City of Arroyo Grande and the 5 Cities Community Services Foundation (400 West Branch Street). Action: Approved and authorized the Mayor to execute a Lease Agreement with the 5 Cities Community Services Foundation for property located at 400 West Branch Street. a.d. Consideration of a Resolution Accepting Public Improvements and Easements for CUP 01-014, Courtland Senior Housing, Located at N. Courtland Street and E. Grand Avenue, Constructed by Cobalt Construction. Action: Adopted Resolution No. 3970 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR CONDITIONAL USE PERMIT 01-014, COURTLAND SENIOR HOUSING". a.e. Consideration of Agreement with Parking Design Group for Preparation of Parking Structure Feasibility Study. [CC/RDA] Action: The City Council/Redevelopment Agency approved and authorized the City Manager/Executive Director to execute the proposed Agreement with Parking Design Group to prepare a parking structure feasibility study and appropriate. $1 0,500 from the Redevelopment Agency Fund. a.f. Consideration of Cancellation of December 26,2006 City Council Meeting. Action: Canceled the regularly scheduled Council meeting of December 26th due to the holiday. a.g. Consideration to Approve the Plans and Specifications for the Picnic Shelter Structure at Elm Street Park, PW 2006-05. Action: 1) Approved the plans and specifications for the Picnic Shelter Structure at Elm Street Park, PW 2006-05; 2) Found that the project is categorically exempt from CEQA pursuant to Section 15301 (d); 3) Directed the Director of Administrative Services to file a Notice of Exemption; and 4) Appropriated $10,000 from the Park Development Fund. a.h. Consideration to Approve Final Tract Map 2236 - Grace Lane; Subdividing 29.5 Acres into Nineteen (19) Residential Parcels, One (1) Open Space Parcel, and One (1) Open SpacelDrainage Easement Parcel. Action: Approved Final Tract Map 2236 - Grace Lane, subdividing 29.5 acres into nineteen (19) residential parcels, one (1) open space parcel, and one (1) open space/drainage easement parcel. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 3 8.L Consideration to Approve Bicycle Transportation Account Project Applications. Action: Adopted Resolution No. 3971 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING TWO 2008-08 BICYCLE TRANSPORTATION ACCOUNT PROJECT APPLICATIONS FOR PROPOSED EAST GRAND AVENUE AND JAMES WAY BIKE LANE RESTRIPING FUNDING ASSISTANCE". 8.j. Consideration of Ordinance Approving Development Code Amendment 06-003 and Adoption of Resolution Approving Vesting Tentative Tract Map 04-002 and Planned Unit Development 04-002; Applicant - Creekside Estates of Arroyo Grande, LLC; Location - 9 acres located East of Noguera Place and North of East Cherry Avenue Extension (Cherry Creek). Action: 1) Adopted Ordinance No. 583 as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS SINGLE FAMILY RESIDENTIAL (SF); DEVELOPMENT CODE AMENDMENT 06-003, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED EAST OF NOGUERA PLACE AND NORTH OF EAST CHERRY AVENUE EXTENSION"; and 2) Adopted Resolution No. 3972 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE TRACT MAP 04-002 AND PLANNED UNIT DEVELOPMENT 04-002, FOR PROPERTY LOCATED BETWEEN EAST CHERRY AVENUE AND MYRTLE STREET, APPLIED FOR BY CREEKSIDE ESTATES OF ARROYO GRANDE, LLC". 8.k. Consideration of Resolution Upholding an Appeal of the Planning Commission's Approval of Plot Plan Review 06-015 to Convert Twelve (12) of the Sixty (60) Previously Approved Condominium Units from Two (2) Bedrooms to Three (3) Bedrooms; Applicant - Ocean Oaks Builders; Location - 579 Camino Mercado. Action: Adopted Resolution No. 3973 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF PLOT PLAN REVIEW CASE NO. 06-015 TO CONVERT TWELVE (12) OF THE SIXTY (60) PREVIOUSLY APPROVED CONDOMINIUM UNITS FROM TWO (2) BEDROOMS TO THREE (3) BEDROOMS; APPLICANT - OCEAN OAKS BUILDERS; LOCATION - 579 CAMINO MERCADO". 8.1. Consideration of Increasing the Total Contract Cost for the 2006 Annual Street Maintenance Project, PW 2006-07. Action: 1) Increased the total contract cost for the 2006 Annual Street Maintenance Project, PW 2006-07. to Granite Construction from $249,252 to $343.575; and 2) Approved the expenditure of $37,000 from Proposition 42 Funds and $15,789 from the Urban State Highway Account (USHA) Fund. 9. PUBLIC HEARINGS 9.a. Consideration of Appeal of Planning Commission's Approval of Conditional Use Permit 06-005; Location: 231 South Halcyon Road. Assistant Planner Foster presented the staff report and recommended the Council adopt a Resolution denying the applicant's appeal of Condition of Approval #15 for Conditional Use Permit 06-005. and upholding the Planning Commission's approval. Mayor Ferrara opened the public hearing, inviting the applicant or representative to address the Council first. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 . Page 4 Mark Vasquez, representing the property owner, explained the reasons for appealing project condition #15 which requires an overlay of the entire street width for the project frontage, and responded to questions from Council. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public hearing. Council comments and discussion ensued regarding interpretation of the City's pavement cut policy; potential impacts to the lifespan of the street, if cut; approximate costs to repave the street; consensus that the policy provides flexibility in determining necessary pavement cuts on a case-by-case basis and that there was no need to amend the policy; and consensus to uphold the appeal based on the information presented. Action: Council Member Dickens moved to tentatively uphold the appeal and direct staff to return with a supporting Resolution. Council Member Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Dickens, Costello, Guthrie, Ferrara None Arnold 9.b, Consideration of Appeal of Planning Commission's Approval of Conditional Use Permit Case No. 06-006; East Branch Street and Stanley Avenue (Paulding Middle School and the Bus Barn). Assistant Planner Bergman presented the staff report and recommend the Council: 1) Consider the applicant's appeal of the Planning Commission's approval of Conditional Use Permit Case No. 06-006 regarding conditions of approval related to Stanley Avenue improvements, storm drainage and development impact fees; 2) Approve changes to staff's recommended conditions of approval including waiving of project impact fees; 3) Uphold conditions of approval generated by the Planning Commission and Architectural Review Committee; and 4) Adopt a Resolution upholding the appeal and approving Conditional Use Permit 06-006, as modified. Staff responded to questions from Council regarding the width of the proposed pedestrian path, the length of the bioswale, and what methods would be used to ensure completion of the drainage system, Mayor Ferrara opened the pUblic hearing, inviting the applicant or representative 10 address the Council first. Carol Florence, Principal Planner, Oasis Associates, representing the appellant, requested the Council uphold the appeal. She also referred to the conditions of approval and requested that reference to the three modular office buildings be removed due to this portion of the project being reviewed by the State Architect's office. Kevin Baker, Director of Facilities, Lucia Mar Unified School District, responded to questions from Council regarding the location of the maintenance staff on the site; scope of maintenance activities and hours of operation; how often vehicles/busses are fueled; that bus traffic would remain the same; and clarification that the City would take over the maintenance of Stanley Avenue only when Lucia Mar improves the road to City standards. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 5 Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Cliff Branch stated he had no objections to the project; however, he referred to the future development of two-story homes along Myrtle Street and expressed concern about the viewshed across the creek looking toward the site and requested that this be taken into consideration. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments and discussion ensued in support of the project with the modified conditions of approval; how the project could be conditioned to ensure completion of the drainage improvements; concern about the increase of traffic on Stanley Avenue, the lack of sidewalk, and the need for separation of uses between the Junior High School and the Lucia Mar maintenance operations. City Attorney Carmel suggested a modification to condition #51 as follows: "All drainage facilities shall be designed to accommodate a 100-year storm flow and shall be installed prior to issuance of a Certificate of Occupancy." The appellant's representative agreed with the modified condition. Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL, THEREBY APPROVING CONDITIONAL USE PERMIT 06-002 APPLIED FOR BY LUCIA MAR UNIFIED SCHOOL DISTRICT, BUT CHANGING CONDITIONS OF APPROVAL CONSISTENT WITH STAFF RECOMMENDATIONS REGARDING THE MODIFIED PROJECT AND WAIVING ASSOCIATED IMPACT FEES", as modified to eliminate the reference in the General Conditions to the three modular office buiidings, and to amend condition #51 as noted by the City Attorney. Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Dickens, Guthrie, Ferrara None Arnold Mayor Ferrara called for a break at 8:40 p.m. The Council reconvened at 8:45 p.m. g.c. Consideration of General Plan Amendment Case No. 06-002, Bikeway and Sidewalk/Pedestrian Enhancement Plans. Director of Community Development Strong presented the staff report and recommended the Council adopt a Resolution approving General Plan Amendment Case No. 06-002 to approve the Bike Plan and Sidewalk/Pedestrian Enhancement Plan along with related amendments to be integrated into the CirculationfTransportation Element and the Parks and Recreation Element of the 2001 General Plan. Staff responded to questions from Council regarding identified project priorities, parking issues, and clarification of proposed bike lanes and various maps. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 6 Council Member Dickens provided the following comments: - Acknowledged the Bike and Sidewalk/Pedestrian Plans as part of a Master Plan for the future; Noted that the proposed documents, in conjunction with the General Plan amendments, address the constraints and prioritize the areas in which the City can request funding for future projects; Noted that there will be concerns specific to some of the bicycle transportation projects as they come forward individually for formal consideration and approval as they relate to traffic circulation and parking; Acknowledged that the Plans will provide a tool to pursue grant funding; Supported as proposed. Council Member Costello provided the following comments: - Agreed that it is appropriate to update the Bike Plan; pleased to see the Pedestrian/Sidewalk Plan included; ~ Acknowledged that there are a number of neighborhood sidewalks that need to be improved; Expressed concern with some of the parking issues on a number of the priorities identified; however, he acknowledged they would come forward on an individual basis for review; Stated it is important to approve these documents so grant funding can be pursued; Supported as proposed. Mayor Pro Tem Guthrie provided the following comments: Requested specific changes for consideration, including the route on Sunset which does not appear to be useful and may create a dangerous situation at Elm Street; he stated it would be better to extend the bicycle route down Alder connecting at Fair Oaks and consider eliminating the lanes on Farroll between Elm and Halcyon; Questioned the reference to the bicycle route on Branch Mill Road as it relates to a No Trespassing sign near the entrance to the City's water reservoir; Supported the first five identified priority projects; however, he felt that Brisco would be difficult to use; Need to prioritize pedestrian path projects; noted that there were several areas in the City that need to be fixed regardless of grant fund availability; Referred to intersection at Elm and Farroll which is a route to school for both N. Oceano and Harloe Elementary Schools which need pedestrian enhancements, especially when Farroll is improved. Council Member Dickens requested that Coastal Christian School on Farroll Avenue be labeled on the map. ' In response to questions by Mayor Ferrara regarding grant eligibility and acquisition as it relates to the area of developing the bicycle network, Director Strong explained the application process and requirements for State grant funding. He also explained that modifications could be made to the Plans without formally amending the General Plan. Mayor Ferrara supported the documents as proposed. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 7 Action: Mayor Pro Tem Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT CASE NO. 06-002, TO ADOPT THE BIKE AND SIDEWALK/PEDESTRIAN ENHANCEMENT PLANS AND AMEND THE 2001 GENERAL PLAN CIRCULATIONITRANSPORTATION & PARKS AND RECREATION ELEMENTS AS INITIATED BY THE CITY OF ARROYO GRANDE". Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Dickens, Costello, Ferrara None Arnold 9.d. Consideration of a Resolution Ordering Formation of the Grace Lane Assessment District, Confirming Assessments, District Diagram and Approving the Levying of Assessments. City Attorney Carmel presented the staff report and recommended the Council adopt a Resolution ordering formation of the Grace Lane Assessment District, confirming assessments, assessment district diagram and approving the levying of assessments. He noted that the applicant, Greg Nester, the Petioner indicated his support for the District and offered to answer any questions. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING FORMATION OF THE GRACE LANE ASSESSMENT DISTRICT CONFIRMING ASSESSMENTS, ASSESSMENT DISTRICT DIAGRAM, AND APPROVING THE LEVYING OF ASSESSMENTS". Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Dickens, Guthrie, Ferrara None Arnold 10. CONTINUED BUSINESS 10.a. Consideration of Adoption of the Five-Year Radar Speed Survey for West Branch Street, East Grand Avenue and Olohan Alley. Director of Public Works Spagnolo introduced Assistant City Engineer Mike Linn, who presented the staff report and recommended the Council: 1) Adopt a Resolution certifying the five-year radar speed survey for West Branch Street and East Grand Avenue; and classifying Olohan Alley as an alley and establish a posted speed limit of 15 miles per hour; and 2) Direct staff to implement striping revisions to Rancho Parkway and perform a follow-up radar speed survey on Rancho Parkway for future consideration by Council. Mayor Ferrara expressed concern that the issue with cross traffic and ingress/egress from shopping centers along E. Grand Avenue was not addressed. He believed there were extenuating circumstances that exist along E. Grand Avenue and W. Branch Street that would justify keeping the lower speed limit in place. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 8 Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no comments, he closed the public comment period. Council comments and discussion ensued regarding concerns with increasing the speed limit on E. Grand Avenue and the portion of W. Branch Street between Vernon and Brisco Road due to pedestrian safety issues; support for establishing a 15-mph speed limit on Olohan Alley; support for increasing the speed limit on W. Branch Street from Brisco Road to Oak Park to 40 mph; and support for implementing striping revisions to Rancho Parkway. Council directed staff to further research the issues related to W. Branch and E. Grand Avenue and to speak with the Court's Traffic Commissioner to determine if extenuating circumstances exist that warrant leaving the speed limit as is. Council Member Dickens moved to adopt a Resolution, as amended, as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING SPEED LIMITS ON A PORTION OF WEST BRANCH STREET AND OLOHAN ALLEY" and further, to direct staff to implement striping revisions to Rancho Parkway and perform a follow-up radar speed survey on Rancho Parkway for future consideration by Council. Council Member Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Dickens, Costello, Guthrie, Ferrara None Arnold 11. NEW BUSINESS 11.a. Consideration of Fiscal Year 2006-07 First Quarter Budget Status Report. Director of Financial Services Kraetsch presented the staff report and recommended the City Council/Agency Board: 1) Approve carryover appropriations as shown in Schedule A; 2) Approve budget adjustments and recommendations as shown in Schedule A. Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no comments, he closed the public comment period. Action: Council/Board Member Costello moved to approve carryover appropriations as shown in Schedule A and approve budget adjustments and recommendations as shown in Schedule A. Council/Board Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Dickens, Guthrie, Ferrara None Arnold 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). No report. Meets next week. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Held special meeting regarding the sewer rate fee study. Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 9 (3) Other. None. b. MA YORPRO TEM JIM GUTHRIE: (1) County Water Resources Advisory Committee (WRAC). No report. Meets next Wednesday. (2) Other. Attended the Zone 3 meeting and reported that action was taken to change the release amounts for the habitat preservation and changing it to fit the flows in the streams rather than a constant release. Gave update on status of Habitat Conservation Plan. c. COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT). No report. (2) South County Youth Coalition. No report. (3) Other. None. d. COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board. Mayor Pro Tem Guthrie attended and reported. (2) Air Pollution Control District (APCD). Currently updating the Strategic Plan; have lost two long-term staff members; losing 3 or 4 of the current Directors due to term expiration or election results. (3) Fire Oversight Committee. Cooperation efforts with City of Grover Beach continue to go well; in process of recruiting for a new Fire Chief; still having trouble filling the Training Officer position; continuing to work on a joint EOC. (4) Fire Consolidation Oversight Committee. No report. (5) Other. None. e. COUNCIL MEMBER ED ARNOLD: (ABSENT) (1) Integrated Waste Management Authority Board (IWMA). No report. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Economic Vitality Corporation (EVC). No report. (4) Other. None. 13, CITY COUNCIL MEMBER ITEMS: Mayor Ferrara stated he had been approached by several people who inquired as to the status of State relinquishment of Highway 227 and requested an update from staff and discussion at a future meeting. City Manager Adams noted that on January 9, an item has been scheduled to present the Village Streetscape Enhancement Plan and part of that strategy involves recommendations regarding the relinquishment process. Mayor Ferrara requested that the Village Improvement Association be kept apprised of this item. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara expressed thanks to Council Member Dickens for his service to the City as this was to be his last regular City Council meeting. He noted that much more recognition would be forthcoming for Council Member Dickens at a later date. 16. STAFF COMMUNICATIONS: None. "Minutes: City Council/Redevelopment Agency Meeting Tuesday, November 28, 2006 Page 10 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 10:25 p"m. ..7 ) ,~,/ -,' ATTEST: .I (Approved at CC Mtg ,-"I'j co r1 )