Loading...
Minutes 2011-02-08 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, FEBRUARY 8, 2011 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 7:05 p.m. 2. ROLL CALL City Council /RDA: Council /Board Member Joe Costello, Council /Board Member Jim Guthrie, Council /Board Member Tim Brown, Mayor Pro TemNice Chair Caren Ray, and Mayor /Chair Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Fire Chief Mike Hubert, Building Official Johnathan Hurst, Associate Planner Ryan Foster, Associate Planner Kelly Heffernon, and Community Development Director Teresa McClish. 3. FLAG SALUTE Members of the El Camino 4 -H group led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council /Board Member Costello moved, Mayor Pro TemNice Chair Ray seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Members of the public speaking during Citizens' Input, Comment and Suggestions were Brad Snook, Arroyo Grande resident and Surfrider Foundation Volunteer Coordinator; Stu Jenkins, representing Point San Luis Lighthouse Keepers; Patty Welsh, Pradera Court; Rudy Xavier, Rodeo Drive; Jennifer Joswick, Nipomo resident; and Jeff Pinock, Surfrider Foundation Chairman. 8. CONSENT AGENDA Prior to consideration of the Consent Agenda, Mayor Ferrara declared a conflict of interest related to Item 8.h. due to his ownership of real property within 500 feet of the project and said he would have to step down. Minutes: City Council /Redevelopment Agency Meeting Page 2 Tuesday, February 8, 2011 Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was Aaron Henkel regarding Item 8.e. There were no other comments received, and the public comment period was closed. Council /Board Member Guthrie requested Item 8.e. be pulled. Action: Council /Board Member Guthrie moved, and Council /Board Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the exception of Item 8.e., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period January 16, 2011 through January 31, 2011. 8.b. Consideration of Minutes. Action: Approved the minutes of the Regular City Council /Redevelopment Agency meeting of January 11, 2011, as submitted. 8.c. Consideration of Authorization to Reject Claim Filed Against the City — Claimant: Virginia Aubuchon. Action: Authorized the City Clerk to send a standard rejection letter to the claimant. 8.d. Consideration of Resolution Proclaiming the Termination of a Local Emergency. Action: Adopted Resolution No. 4338 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, PROCLAIMING THE TERMINATION OF A LOCAL EMERGENCY ". 8.f Consideration to Approve Construction Plans and Specifications and Environmental Determination for the Le Point Street Improvements and Parking Lot Expansion Project, PW 2011 -02. Action: 1) Adopted a Mitigated Negative Declaration; 2) Approved the construction plans and specifications for the Le Point Street Improvements and Parking Lot Expansion Project; 3) Directed the City Clerk to file a Notice of Determination; 4) Appropriated $40,000 from the Downtown Parking Fund; and 5) Appropriated $120,000 from the Transportation Facilities Fund. 8.g. Consideration of Expenditure for Re- Roofing of Gazebo and Public Restroom. [CC /RDA] Action: Authorized expenditure up to $3,300 for re- roofing of the Centennial Park Gazebo and Short Street restroom. ITEMS PULLED FROM THE CONSENT AGENDA 8.e. Consideration of Acceptance of the South Elm and Ash Street Sidewalk and Bicycle Lane Improvements Project PW 2008 -07C. Recommended Action: 1) Accept the project improvements as constructed by M.E. Avila Construction Corporation in accordance with the plans and specifications for the South Elm and Ash Street Sidewalk and Bicycle Lane Improvements Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Minutes: City Council /Redevelopment Agency Meeting Page 3 Tuesday, February 8, 2011 In response to questions and comments by Council Member Guthrie, staff explained that signage was not included in the project; however, City staff would install additional signs at less cost. Staff further responded to concerns expressed about the quality of the project, and Council requested that staff look at moving Elm Street up on the pavement management program schedule. Action: Council Member Guthrie moved to approve Item 8.e., as recommended. Council Member Brown seconded, and the motion passed on the following roll -call vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None Mayor Ferrara declared a conflict of interest because Item 8.h. is related to a project that is within 500 feet of his residence. He stepped down from the dais and left the meeting. Mayor Pro Tem Ray took over as Presiding Officer, and Council Member Brown requested that Item 8.h. be pulled for discussion. 8.h. Consideration of Fee Waiver Request by Accurate Architecture & Construction. Recommended Action: Deny the fee waiver request from Accurate Architecture and Construction for Berry Gardens Specific Plan amendment. Mayor Pro Tem Ray opened the public comment period. Speaking from the public were Russell Read and John Mack. There were no other comments received, and the public comment period was closed. Council and staff discussion ensued concerning staffs authority regarding the City's fee schedule; how application fees are determined based on the cost of the services provided, including staff time to prepare reports and materials; and that staff does not have the authority to either raise or reduce fees. Action: Council Member Brown moved to not deny the request for a reduction or fee waiver and to allow the applicant to present to the City an analysis of why he believes he is entitled to a lesser fee than the average fee of $7,000 that is charged, and that the City do an analysis of that request and make a determination on whether the request is reasonable, and then bring it back for Council consideration. Council Member Costello seconded the motion. Discussion ensued regarding the basis for a fee study and factors used to determine appropriate cost recovery for various applications. On the following roll call vote: AYES: Brown, Costello NOES: Guthrie, Ray ABSENT: Ferrara The motion was lost because it failed to receive a majority vote: Action: Council Member Guthrie moved to deny the fee waiver request. Mayor Pro Tem Ray seconded, and the motion passed on the following roll -call vote: Minutes: City Council /Redevelopment Agency Meeting Page 4 Tuesday, February 8, 2011 AYES: Guthrie, Ray, Costello NOES: Brown ABSENT: Ferrara Mayor Ferrara returned to the meeting and requested that Item 11.a. be moved up on the Agenda before the Public Hearing items. 11. NEW BUSINESS 11.a. Consideration of Presentation by PG &E on SmartMeter Program. City Manager Adams presented the staff report and recommended the Council receive a presentation from PG &E regarding the SmartMeter program and provide direction to staff on any desired follow -up. Patricia Wilmore, PG &E Representative, introduced Jess Brown, who provided a presentation on PG &E's SmartMeter Program and responded to questions from Council. Mayor Ferrara opened the public comment period. Speaking from the public was Judy Vick. There were no other comments received, and the public comment period was closed. Mayor Ferrara thanked the presenters and acknowledged that additional material is available to the public concerning the SmartMeter program. No formal action was taken on this item. 9. PUBLIC HEARINGS 9.a. Consideration of Reallocation of Community Development Block Grant Funds from Certain Projects Approved in Years 2005, 2007, 2008 and 2009 to Fund the Removal of Architectural Barriers for Low and Moderate Income People with Severe Disabilities by Installation of an Elevator at 300 East Branch Street. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution, as modified, approving the reallocation of CDBG funds. She noted the proposed reallocation amount had been revised to $63,925.69 as the Literacy Council is able to be reimbursed for 2009 expenditures. Council questions and comments ensued regarding the proposed reallocation of funds. Mayor Ferrara opened the public hearing. Speaking from the public were Pearl Munick, representing Transitional Food and Shelter, and John Spencer, Spencer's Market. There were no other comments received, and the public hearing was closed. Action: Council Member Costello moved to adopt a Resolution, as modified, as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM CERTAIN PROJECTS APPROVED IN YEARS 2005, 2007, 2008 and 2009 TO FUND THE REMOVAL OF ARCHITECTURAL BARRIERS FOR LOW AND MODERATE INCOME Minutes: City Council /Redevelopment Agency Meeting Page 5 Tuesday, February 8, 2011 PEOPLE WITH SEVERE DISABILITIES BY INSTALLATION OF AN ELEVATOR AT 300 EAST BRANCH STREET ". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Brown, Ray, Ferrara NOES: None ABSENT: None 9.b. Consideration of an Ordinance Amending Municipal Code Sections 16.04.070(C), 16.32.030(A) and 16.48.060 to Allow Rounding Up for a Fractional Unit 0.51 or Greater when Calculating Allowable Density in the Multiple - Family Zoning District; Applicant — City of Arroyo Grande; Location — Citywide. Associate Planner Heffernon presented the staff report and requested the Council introduce an Ordinance amending portions of Title 16 of the Municipal Code to allow rounding up for a fractional unit when calculating allowable density in the Multi - Family (MF) zoning district. Mayor Ferrara opened the public hearing. Speaking from the public was Carolyn Jones. There were no other comments received, and the public hearing was closed. Action: Council Member Brown moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTIONS 16.04.070(C), 16.32.030(A) AND 1648.060 OF ARROYO GRANDE MUNICIPAL CODE REGARDING ROUNDING UP FOR A FRACTIONAL UNIT OF 0.51 OR GREATER WHEN CALCULATING ALLOWABLE DENSITY IN THE MULTI- FAMILY (MF) ZONING DISTRICT; DEVELOPMENT CODE AMENDMENT CASE NO. 10- 003 ". Mayor Pro Tem Ray seconded, and the motion passed on the following roll call vote: AYES: Brown, Ray, Guthrie, Costello, Ferrara NOES: None ABSENT: None Mayor Ferrara declared a conflict of interest relating to Items 9.c., 9.d. and 9.e. due to ownership of real property within 500 feet of the proposed project, stepped down from the dais, and left the meeting. Mayor Pro Tem Ray took over as Presiding Officer and called for a break at 9:00 p.m. The Council reconvened at 9:05 p.m. 9.c. Consideration of Specific Plan Amendment 10 -001; Amend the Berry Gardens Specific Plan as it Relates to Development of Subareas 3 and 4; Location - Southwest Corner of East Grand Avenue and South Court land Street; Applicant: NKT Commercial. Community Development Director McClish requested that the Council consider a revised recommendation to continue Items 9.c., 9.d. and 9.e. in response to a letter received this evening from Mr. John Mack to allow staff time for further study and potential expansion of the Initial Study document. In consideration of all issues raised and the public in attendance, staff Minutes: City Council /Redevelopment Agency Meeting Page 6 Tuesday, February 8, 2011 also recommended the presentation for Item 9.c. proceed; however, the Council was requested not to take any action this evening. Director McClish presented the staff report. Marty Inouye, Omni -Means traffic consultant, provided a background of his company which specializes in transportation planning, impact assessment, and finance; provided information on traffic peer- review required for various projects relative to the City's Traffic Impact Study Policy; and responded to questions from Council. Director McClish continued presentation of the staff report addressing setbacks, parking standards, maximum building size, bus turnout, and responses to public comment. Marty Inouye then provided an overview of the Traffic Model assumptions and on -site truck movement analysis using a computer simulation, and responded to questions from Council. Mayor Pro Tem Ray opened the public hearing. Speaking from the public in favor of the proposal were Carol Florence, representing NKT Commercial, and Scott Smith, representing Peoples' Self Help Housing. Speaking from the public in opposition to the proposal and expressing concerns about the Initial Study as it relates to potentially significant environmental impacts, use saturation as it relates to grocery stores, open space, truck turning radiuses, traffic impacts, traffic lane turn pockets, street width, storm water run -off, truck deliveries, truck access, and truck deliveries were John Mack, Zora High, Patrick Dempsey, Bill Vance, Doug Gaiger, Kent Horejsi, Carla Wiley, Marty Scala, Shannon Dempsey, Terry Berkeley, Aaron Henkel, Del Clegg, Richard Bjork, Beatrice Spencer, Maggie Summers, Beth Stepnitz, Kelly Ward, Mike Zimmerman, Jeff Buhler, Benadene Duffin, Richard Duffin, Michael O'Morrow, Wendy Beckham, John Spencer, Eric Cook, and Wendell Wilkes. There were no other comments received, and the public hearing was closed. Mayor Pro Tem Ray noted that Council policy requires a unanimous vote to continue the meeting past midnight. Action: Council Member Guthrie moved to continue the meeting past midnight, Mayor Pro Tem Ray seconded, and the motion passed unanimously by voice vote. Council and staff comments ensued regarding truck staging; General Plan land use policies as it relates to a project on this site; definition of collector street; Mixed Use zoning definitions; truck size, volume, access, loading and queing issues; and pedestrian orientation on the site. It was requested that the Specific Plan truck simulation be modified to include demonstration of a second truck delivery; assumptions of number of trucks be verified to ensure they reflect actual industry practices; that the definition of Mixed Use be addressed to determine whether the project meets Mixed Use standards; and that pedestrian accessibility within the project is reviewed as it relates to the Specific Plan and the General Plan. Action: Council Member Brown moved to continue the public hearing to a date uncertain. Council Member Costello seconded, and the motion passed on the following roll call vote: Minutes: City Council /Redevelopment Agency Meeting Page 7 Tuesday, February 8, 2011 AYES: Brown, Costello, Guthrie, Ray NOES: None ABSENT: Ferrara 9.d. Consideration of Tentative Parcel Map 10 -001 and Conditional Use Permit 10 -001; Subdivide 4.47 Acres into Four (4) Parcels of 0.51, 0.59, 2.56 and 0.57 Acres and Construct Four (4) Commercial Buildings of 5,800, 6,767, 35,786 and 5,700 Square - Feet Respectively; Location - Southwest Corner of East Grand Avenue and South Court land Street; Applicant: NKT Commercial. Recommended Action: The Planning Commission recommends the City Council adopt a Resolution approving Tentative Parcel Map 10 -001 and Conditional Use Permit 10- 001. Action: Council Member Brown moved to continue the public hearing to a date uncertain. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Brown, Costello, Guthrie, Ray NOES: None ABSENT: Ferrara 9.e. Consideration of Conditional Use Permit 10 -003; Construct a Thirty -Six (36) Unit Apartment Complex on 1.63 Acres; Location - Southwest Corner of East Grand Avenue and South Court land Street; Applicant - Peoples' Self -Help Housing Corporation and Affordable Housing and Loan Agreement. [CC /RDA] Recommended Action: The Planning Commission recommends the City Council adopt a Resolution approving Conditional Use Permit 10 -003. In addition, staff recommends that the Redevelopment Agency Board of Directors adopt a Resolution approving an affordable housing and loan agreement and authorize the Executive Director to execute the agreement. Action: Council Member Brown moved to continue the public hearing to a date uncertain. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Brown, Costello, Guthrie, Ray NOES: None ABSENT: Ferrara 10. CONTINUED BUSINESS None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. Minutes: City Council/Redevelopment Agency Meeting Page 8 Tuesday, February 8, 2011 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS City Manager Adams gave a status report on the upcoming City Hall relocation and move. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Pro Tem Ray adjoumed the meeting at 12:41 a.m. to the Special City Council Meeting (Budget Goals Workshop) at 6:00 p.m. on Thursday, February 17, 2011 at the City of Arroyo Grande and Woman's Club Community Center located at 211 Vernon Street, Arroyo Grande. Tony Ferra jo t' -. or /Chair ATTEST: Kelly Wetmore ity Clerk/Agency Secretary (Approved at CC Mtg 3 " e-701( )