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Minutes 2007-01-09 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JANUARY 9,2007 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:10 p.m. 2. ROLL CALL City. Council: Council Members Chuck Fellows. Jim Guthrie, Joe Costello. Mayor Pro Tem Ed Arnold and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Police Chief Tony Aeilts, Director of Public Works Don Spagnolo, Director of Community Development Rob Strong, and Associate Planner Teresa McClish. 3. FLAG SALUTE Tom Bonds, representing Arroyo Grande Lion's Club, led the Flag Salute. 4. INVOCATION Mayor Ferrara delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation - Roy Mumaw, Arroyo Grande Police Department. Mayor Ferrara presented a Mayor's Commendation to Roy Mumaw, Support Services Technician/Dispatcher, in recognition of his 30 years of dedicated service to the Arroyo Grande Police Department and community. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Mayor Pro Tem Arnold 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 John Wysong, Brighton Avenue, Grover Beach, expressed concern that there was not enough handicapped parking located in front of the Quarterdeck Restaurant on W. Branch Street. He also expressed concern that the signal at Elm Street and E. Grand Avenue does not provide enough time for pedestrians to cross the street. Mayor Ferrara directed the City Manager to follow up on the issues brought forward by Mr. Wysong. Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 9, 2007 Page 2 8. CONSENT AGENDA Mayor/Chair Ferrara invited members of the pUblic who wished to comment on any Consent Agenda Item to do so at this time. There were no public comments received. Mayor Pro TemNice Chair Arnold requested that Item 8.h. be pulled for discussion. Action: Council/Board Member Fellows moved, and Council/Board Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the exception of Item 8.h., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: NOES: ABSENT: Fellows, Guthrie, Costello, Arnold, Ferrara None None 8.a. 8.b. 8.c. 8.d. 8.e. 8.1. 8.g. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period December 01, 2006 through December 15, 2006. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current Investment Deposits as of November 30,2006. Consideration of Annual Financial Report - Fiscal Year 2005-06 Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges. Action: Received and filed the annual report of the receipt and use of water and sewer capacity and connection fees and charges, in compliance with Government Code Section 66013. Consideration of Resolution Accepting the Status Report on Development Impact (AB-1600) Fees. Action: Adopted Resolution No. 3984 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING THE STATUS REPORT ON PROJECT DEVELOPMENT IMPACT FEES (AB1600)". Consideration of Annual Adjustment of Development Impact Fees Action: Adopted Resolution No. 3985 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX". Consideration of Adoption of Resolution Authorizing Examination of Transactions and Use Tax Records. Action: Adopted Resolution No. 3986 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING EXAMINATION OF TRANSACTIONS AND USE TAX RECORDS". Consideration of Approval of Minutes. [COUNCIURDA] Action: Approved the minutes of the Special (Closed Session) City Council Meetings of November 14 and 28, 2006; the Regular City Council/Redevelopment Agency Meetings of November 14 and 28, 2006; the Special City Council Meeting of December 11, 2006, and the Regular City Council/Redevelopment Agency Meeting of December 12, 2006, as submitted. " Minutes: City CounciVRedeve/opment Agency Meeting Tuesday, January 9, 2007 Page 3 8.L Consideration of Revised Memorandum of Understanding (MOU) Between the City of Arroyo Grande, Lucia Mar Unified School District, J.H. Land Partnership and John Taylor, Trustee Regarding Land Acquisition and Extension of Castillo Del Mar to Valley Road. Action: Approved and authorized the Mayor to execute the revised MOU between the City of Arroyo/Grande, Lucia Mar Unified School District, J.H. Land Partnership and John Taylor, Trustee. 8.j. Consideration of Revisions to the City's Travel Policy. Action: Approved the new travel policy. 8.k. Consideration of Appropriation of $7,500 for Trimming of Eucalyptus Trees on The Pike. Action: Appropriated $7,500 for trimming of eucalyptus trees on The Pike and authorized the City Manager to execute a contract not to exceed $22,000 to Mustang Tree Care to perform the work. 8.1. Consideration of Approval of Temporary Employment Agreement for Acting Director of Building & Fire Action: Approved and authorized the City Manager to execute the Temporary Employment Agreement between the City of Arroyo Grande and Doug Hamp. 8.h. Consideration of a Contract Amendment with Wood Rodgers, Inc. to Include a Roundabout Feasibility Analysis in the Brisco Road-Halcyon Road/Route 101 Project Approval and Environmental Document (PA&ED). Recommended Action: 1) Do not approve the previously proposed contract amendment with Wood Rodgers, Inc. to include a roundabout feasibility analysis in the Brisco Road-Halcyon Road/Route 101 Project Approval & Environmental Document (PA&ED). Mayor Pro Tem Arnold acknowledged concerns that had been expressed concerning right-of- way issues related to the proposal. However, he said he looked at the drawings and didn't see an extreme impact with this alternative. He inquired whether discussions had been held with the adjacent property owners and Cemetery District representatives concerning mitigation for the loss of private property. He stated this proposal could work better than the other alternatives and would achieve substantial cost savings. City Manager Adams explained that additional analysis had been conducted and contact with representatives from the adjacent properties had been made. He noted that there was strong opposition to the proposal and there was no desire to analyze or study this issue further. He explained that the consultant had revised the drawings, which showed a greater impact to the adjacent properties, and noted that SLOCOG would require a full environmental impact report if there were impacts to the cemetery. He also noted that pursuing further study would slow down the PA&ED process for the interchange project. He stated that if Council was still interested, he would recommend the City pursue additional study of this proposal separate and apart from the PA&ED. Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 9, 2007 Page 4 Discussion ensued regarding the project and the potential for losing out on grant opportunities if the project is delayed. Mayor Ferrara noted the issues of right-of-way and associated environmental studies and explained SLOCOG's funding cycles and process. He stated that if the City wants to keep the interchange project in the queue for STIP funding, the project must be designed and ready to be built. He emphasized the need to eliminate any continued study or analysis of this alternative in order to move forward with a focused project. Council Member Guthrie agreed with Mayor Pro Tem Arnold and supported studying the proposal as a separate project outside the scope of the PA&D interchange project process. Mayor Pro Tem Arnold suggested that he and Council Member Guthrie meet with the City Manager to discuss the matter further. There was consensus of the Council to direct staff to schedule a meeting with Mayor Pro Tem Arnold, Council Member Guthrie, and appropriate representatives to discuss the proposal to study the option of roundabouts at the Brisco Road/Halcyon Road - Highway 101 interchange. Council Member Costello moved to approve staff's recommendation to not approve the previously proposed contract amendment with Wood Rodgers, Inc. to include a roundabout feasibility analysis in the Brisco Road-Halcyon Road/Route 101 Project Approval & Environmental Document (PA&ED). Mayor Pro Tem Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Arnold, Fellows, Guthrie, Ferrara None None 9. PUBLIC HEARING Council Member Fellows declared a conflict of interest due to real property ownership on Canyon Way, stepped down from the dais, and left the room. 9.a. Consideration of Development Code Amendment Case No. 04-005B, and General Plan Amendment 06-004, Amendments to Title 16 of the City of Arroyo Grande Municipal Code Pertaining to Residential Development Standards, Rezoning Portions of the Residential Rural District to Residential Suburban in the Vicinity of La Barranca, Canyon Way and Trinity Avenue and Amending all Design Development Overlay Districts Intended to Make Title 16 Consistent with the City's General Plan; and a Proposed Change in General Plan Land Use Designation/Zoning for the Property at 1110 Sunset Drive Associate Planner McClish presented the staff report and stated the Planning Commission recommended the Council: 1) introduce an ordinance to amend standards applicable to the City's residential districts and the Zoning Map affecting portions of the Residential Rural District and Design Development Overlay Districts D-2.2 through D-2.19 inclusive; and 2) provide staff direction to notice the proposed General Plan Amendment pertaining to Sunset Drive (MFA-2.13) for Planning Commission's formal recommendation prior to consideration of adoption of the proposed Ordinance tentatively scheduled for January 23, 2007. Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 9, 2007 Page 5 Staff responded to questions from Council concerning a proposed height increase within Overlay District 0-2.7 to allow for some modernization and expansion of homes within the District, while preserving views and meeting the objective of the original overlay; clarification that the overlay for Sunset Drive would restrict development on its frontage to residential only; clarification that the proposal includes revised, larger setback requirements in all residential districts; clarification regarding size of second residential units; clarification concerning flag lots and associated lot size; status of easements and open space on Trinity Avenue; confirmation that separate workshops were held with various neighborhoods concerning the proposed amendments, including Montego Street; whether viewshed impact is defined in the Development Code; viewshed review for potential development on vacant lots; allowing twin homes on single-family lots; and the mixed use review process. Mayor Ferrara opened the public hearing. Terry lavocoli, Ruth Ann Way, spoke in opposition to any amendments to Overlay District 0-2.7. Mick Anderson, Ruth Ann Way, spoke in opposition to any amendments to the height restriction in Overlay District 0-2.7. Janice Anderson, Ruth Ann Way, spoke in opposition to any amendments to Overlay District 0-2.7. Don McHaney, Ruth Ann Way, spoke in favor of the proposed amendrnents to Overlay District 0- 2.7, which would provide flexibility for those located at the bottom of Ruth Ann Way where there would not be rnuch impact. . Lerov Sawyer, Ruth Ann Way, spoke in opposition to any amendments to Overlay District D-2.7. Nina Cross mont, Priscilla Lane, spoke in opposition to any amendments to Overlay District 0-2.7. Eric Hawkins spoke in opposition to any amendments to Overlay District 0-2.7. Jim Dunn, spoke in opposition to any amendments to Overlay District 0-2.7. Betty McHaney. Ruth Ann Way, spoke in favor of the proposed amendments to Overlay District D- 2.7 and stated that change is good in some cases and viewshed review should be conducted on a case by case basis. Ed Grover, Ruth Ann Way, spoke in opposition to any amendments to Overlay District 0-2.7. Terry Payne. Miller Way, asked if the existing Appendix is going to remain in the Development Code. In response to a question concerning language in the proposed Ordinance, staff responded that the language in A.3. is a direct quote from the General Plan. Don McHaney. Ruth Ann Way, responded to concerns expressed about viewshed impacts and noted that the height elevations at Montego and at Grand are very different. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello provided the following comments: - Supported most of the proposed amendments; - Favored maintaining existing standards in Overlay District D-2.7. Council Member Guthrie provided the following comments: - Agreed with changes to make Development Code standards consistent with the General Plan; - Acknowledged clarifications concerning setback requirements; - Inclined to maintain existing standards in Overlay District D-2.7; - Favored expanding area of Overlay District 0-2.5 on Montego Street. Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 9, 2007 Page 6 Mayor Pro Tem Arnold provided the following comments: - Supported maintaining existing standards in Overlay District 0-2.7; Opposed expanding the boundary of Overlay District 0-2.5 to include seven lots on Montego Street; Expressed concern about development of two-story units on vacant lots as it relates to viewshed review; Need to define viewshed expectation; Could not support portions of proposed Ordinance relating to viewshed review. Mayor Ferrara provided the following comments: - Applauded staff's efforts to bring residential standards into consistency with the General Plan; Supported proposal regarding setbacks; Concurred with Mayor Pro Tem Arnold concerning viewshed review issues; Discussed intent of Overlays, viewshed review process, and stated more review was needed on the viewshed issue; Supported maintaining existing standards in Overlay District 0-2.7. Following discussion and prior to a motion, Mayor Ferrara called for a break at 9:35 p.m. The Council reconvened at 9:45 p.m. Based on Council discussion and direction, City Attorney Carmel outlined modifications to the proposed Ordinance as follows: - Amend ,Section 3.c. as follows: Subsections M, and N, 0 and P of Section 16.08..!-W010 of the Municipal Code are hereby repealed. - Amend Section 4 as follows: The following Ordinances are repealed in their entirety: Se C.S., 89 C.S., 135 C.S., 138 C.S., and 329 C.S., Jnd JeO C.S. - On Exhibit A, delete the map for 0-2.6. - Delete amendment to Section 16.16.11 O(C) [Minor use permits - Viewshed review]. - Amend Section 16.44.020(D)(c) Standards for Adopted Design Development Overlay Districts as follows: c. Design Development Overlay District SF 0-2.5. Vicinity of Montego Street. Approved by Ordinance 86 C.S. and xxx C.S. Maximum height is 11 ft. from curb to peak of house for the south side of Montego Street for the applicable preFlerties on the nOAR side of Mente!je Street, the maximum height is 11 ft. from the highest pOint of the net Building site inside required yard setBacks. or the maximum Building height of the highest point ef the existing roolline, whiche'/er is greater. No other additional standards. - Amend Section 16.44.020(D)(d) Standards for Adopted Design Development Overlay Districts as follows: c. Design Development Overlay District RS-D-2.6. Vicinity of Newport Avenue. Approved by Ordinance 360 C.S. Maximum height for all properties except 200 Hillcrest Avenue (APN 077-061-014 and 015: two-stories that shall not exceed 30' and no building shall exceed 15' from the highest point of the net lot. Buildin!j area inside required yard setBacks; For the proFlerty at 200 Hillcrest (APN 077 0131 014 and OHi), construction of no..... resideRtial structures subject to OBtaining a minor use permit for Vie'....shed Review; Minimum lot width: 60 feet for residential uses; minimum lot depth: 90 feet. No other additional standards. - Amend Section 16.44.020(D)(e) Standards for Adopted Design Development Overlay Districts as follows: e. Design Development Overlay District SF D-2.7. Vicinity of Ruth Ann Way. Minutes: City CounciURedeve/opment Agency Meeting Tuesday, January 9, 2007 Page 7 Approved by Ordinance 138 C.S. Maximum building height: 22 feet from established curb height applicable to lots 1, 2, 3 of Tract 554; Lots 1 & 2 of Parcel Map AG 73-383; and Lot 1 of Parcel Map AG 74-293: Other lots have a maximum height of 18 feet from established curb. witn the poteAtial to iASrea&e te a R1aximum noi~!:lt of 22 foot if 1) the floor area for a sesoRE:! story soos net allsees 59~(, of tha first s:tory; 2) any reef area tnat is: proposos to excees the height limit of Hi fl. nei~ht s:hall Rot exceed 50% of tne tetal floor area; :3) a minor us:e permit fer Views:hod Review, inslusing installation of story poles:, is: submittod to the Planning COFRR1is:s:ion for review and a6tieR. No other additional standards. Action: Council Member Costello moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT 04-005B) PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS, REZONING PORTIONS OF THE RESIDENTIAL RURAL DISTRICT TO RESIDENTIAL SUBURBAN IN THE VICINITY OF VIA LA BARRANCA AND CANYON WAY AND AMENDING DESIGN DEVELOPMENT OVERLAY DISTRICTS", with the changes stated by the City Attorney, and further directed staff to return at a date uncertain with an Agenda item to consider all viewshed issues. Mayor Pro Tem Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Arnold, Guthrie, Ferrara None Fellows (recused due to conflict of interest) Council Member Fellows returned and took his place at the dais. 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEM 11.a. Consideration of E. Branch Streetscape Enhancement Project. Community Development Director Strong presented the staff report and recommended the Council: 1) Approve the proposed E. Branch Streetscape Enhancement Project; 2) Authorize the City Manager to execute a contract with RRM Design Group to survey and prepare engineering plans and specifications for proposed crosswaiks, bulbouts and landscape components of the E. Branch Streets cape Enhancement Plan not to exceed $65,000; 3) Authorize the City Manager to direct Omni-Means to prepare and coordinate related "Design Exceptions" to State Highway Standards to Caltrans for review and approval under the existing City contract and not to exceed $29,000; 4) Authorize the order of trash receptacles, planters, benches and light fixtures; 5) Eliminate prior appropriation of $92,000 in local matching funds from the General Fund; and 6) Direct staff to pursue the relinquishment process if the proposed design exceptions are not approved by Caltrans. He introduced Chris Manning from RRM Design Group, who was available to answer questions. Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 9, 2007 Page 8 Council comments and questions ensued relating to features of the plan that will require obtaining design exceptions from Caltrans; concerns about northbound traffic turning left from Bridge Street onto W. Branch and how the area could be better designed (I.e., installation of a painted, raised pork chop) to direct traffic into the required right turn; support for the proposed street furniture, with the exception of the proposed planters; a suggestion that the planters need a larger base, need extra volurne, and a better design; concern about the quality of the proposed stamped asphalt; and support for proceeding with relinquishment of Highway 227 if design exceptions were not approved by Caltrans. Action: Council Member Costello moved to 1) Approve the proposed E. Branch Streetscape Enhancement Project; 2) Authorize the City Manager to execute a contract with RRM Design Group to survey and prepare engineering plans and specifications for proposed crosswalks, bulbouts and landscape components of the E. Branch Streetscape Enhancement Plan not to exceed $65,000; 3) Authorize the City Manager to direct Omni-Means to prepare and coordinate related "Design Exceptions" to State Highway Standards to Caltrans for review and approval under the existing City contract and not to exceed $29,000; 4) Authorize the order of trash receptacles, benches and light fixtures; 5) Elirninate prior appropriation of $92,000 in local matching funds from the General Fund; 6) Direct staff to pursue the relinquishment process for that portion of Highway 227 running through the Village in parallel with this process; and 7) Further study the left-turn situation at Bridge and W. Branc.h and consider making changes based on the results of the study. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Guthrie, Fellows, Arnold, Ferrara None None 12. CITY COUNCIL MEMBER ITEMS Council Member Costello inquired about household battery recycling standards in the City. Mayor Pro Tem Arnold noted that the Integrated Waste Management Authority would be considering the matter at a future meeting and he would report back on the issue. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Fellows referred to correspondence received by Dr. Jan Howard regarding the stop signs on James Way and inquired whether the matter was being addressed or acknowledged. 15. STAFF COMMUNICATIONS City Manager Adams reminded the Council that new Commission/Cornmittee/Board Member appointments were scheduled to be placed on the January 23'd Council agenda for consideration and approval. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. Minutes: City CounciURedeve/opment Agency Meeting Tuesday, January 9, 2007 Page 9 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 10:20 p.m. ATTEST: OM- Ity Clerk/Agency Secretary (Approved at CC Mtg I - ) :; ,;1 007 I