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Minutes 2007-10-07MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 10, 2007 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:03 p.m. 2. ROLL CALL City Council: Council Members Chuck Fellows, Jim Guthrie, Joe Costello, Mayor Pro Tern 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, Director of Public Works Don Spagnolo, Assistant City Engineer Mike Linn, Director of Parks, Recreation and Facilities Doug Perrin, and Acting Community Development Director Kelly Heffernon. 3. FLAG SALUTE Steve Champeau, representing the Veterans of Foreign Wars, led the Flag Salute. 4. INVOCATION Retired Pastor Richard Scharn delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation — Parks and Recreation Month. Mayor Ferrara presented an Honorary Proclamation proclaiming July as "Parks and Recreation Month ". Director of Parks, Recreation and Facilities Director Perrin accepted the Proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Mayor Pro Tern Arnold seconded, and the motion passed unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Bob Lund spoke about the upcoming Village enhancement project, which will include new trees, street furniture, and street enhancements. 8. CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. No public comments were received. Action Council Member Costello moved, and Mayor Pro Tern Arnold seconded the motion to approve Consent Agenda Items 8.a. and 8.b., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: None Minutes: City Council Meeting Tuesday, July 10, 2007 Page 2 8.a. Cash Disbursement Ratification. Action Ratified the listing of cash disbursements for the period June 16, 2007 through June 30, 2007. 8.b. Consideration of an Award of Contract to Souza Construction, Inc., for Construction of the Brisco Road Rehabilitation Project, PW 2007 -02. Action 1) Awarded a contract for the construction of the Brisco Road Rehabilitation Project, PW 2007 -02 to Souza Construction, Inc. in the amount of $270,878; 2) Authorized the City Manager to approve change orders not to exceed the contingency of $27,088.00 for unanticipated costs during the construction phase of the project; and 3) Transferred $107,966, currently allocated for the Annual Pavement Management Program. Mayor Ferrara requested, and the Council concurred, to move up Item 11.a. on the Agenda to be considered prior to Item 9.a. 11. NEW BUSINESS ITEM 11.a. Consideration of Confirmation of Appointment of Chief of Police. City Manager Adams presented the staff report and recommended the Council confirm the appointment of Steven Annibali as the City's new Chief of Police. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. At Mayor Ferrara's invitation, Mr. Annibali introduced himself and briefly addressed the Council, staff, and those in the audience. Action Council Member Costello moved to confirm the appointment of Steven Annibali as the City's new Chief of Police. Mayor Pro Tern Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of Development Code Amendment No. 06 -004 to Change the Zoning of the Subject Property from Residential Rural (RR) to Single Family Residential (SF); Applicant — City of Arroyo Grande; Location — 12.77 Acres North of East Cherry Avenue Extension (Subarea 2 of the East Village Neighborhood Plan); and Resolution Approving Neighborhood Plan No. 04 -001 (East Village Neighborhood Plan); Applicant — Creekside Estates of Arroyo Grande, LLC; Location — 22 Acres East of Noguera Court Subdivision, North of East Cherry Avenue Extension, and South of Arroyo Grande Creek. Minutes: City Council Meeting Page 3 Tuesday, July 10, 2007 Acting Community Development Director Heffernon presented the staff report and recommended the Council introduce an Ordinance amending the Zoning Map to change the designation of the subject property from Residential Rural (RR) to Single - Family (SF), and adopt a Resolution approving the East Village Neighborhood Plan. Staff responded to questions from Council regarding zoning and development standards as it relates to density; timing of infrastructure improvements; clarification concerning the Neighborhood Plan as it relates to Planned Unit Developments, proposed road widths, and agricultural buffer requirements; how changes to the project could impact the City's affordable housing allocations required by the State; whether or not all the surrounding property owners support the proposed plan; and clarification about the drainage plan and its coordination with the Neighborhood Plan. Mayor Ferrara opened the public hearing. Mark Vasquez representing the Subarea 2 property owners, noted that the property owners assisted in cooperative efforts to create the proposed conceptual plan. He noted that the issue tonight is a change in zoning to achieve consistency with the General Plan and to approve the Neighborhood Plan. He stated that the property owners were not presenting a specific project tonight, and that it is difficult at this time to address specific concerns expressed by the Council. He stated that the property owners have an interest in assuring infrastructure improvements are installed for future development. He emphasized that the property owners have had a significant role in creating a conceptual plan and spoke in support of approving the zone change and Neighborhood Plan. Reuel Estes E. Cherry, stated he is the property owner most affected and to the greatest extent; that 1/3 of the land is in the agricultural buffer; expressed concern about the drainage problem; spoke about the effort put forth in the Neighborhood Plan and stated the City needs to help the property owners. Matt Janowicz Lierly Lane, stated he currently rents; he would like an opportunity to buy property in the City; and supported the proposal. Damien Mavis Subarea 1 developer, explained how the proposal fits into the development for Subarea 1; commended the property owners for their cooperative efforts; stated that they would be breaking ground on Subarea 1 soon and that utilities and infrastructure would be installed; noted that the proposal is a good transition into the rural area; the proposal is consistent with the Housing Element and conforms to the General Plan, and supported the proposal. Nora Looney Lierly Lane, thanked the neighbors for their involvement in the Neighborhood Plan. She stated that the Plan addresses all the issues; there is no opposition to the Neighborhood Plan among the current owners; and supported approval of the zone change and Neighborhood Plan. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello provided the following comments: - Supports zone change to single - family residential; however, expressed concern about potential Planned Unit Developments (PUD) that would cluster enough homes to reach the maximum allowable units and would support a condition to prohibit PUD's; - Supports approving Neighborhood Plan as submitted; - Noted that issues relating to drainage and agricultural buffers would be addressed when project applications come forth; - Does not think a Specific Plan is required. Minutes: City Council Meeting Page 4 Tuesday, July 10, 2007 Council Member Guthrie provided the following comments: - Referred to Subarea 1 and the objectives identified in the General Plan associated with rezoning the area, including a comprehensive drainage solution for Newsom Springs, opportunities for in -fill projects, and to provide an agricultural buffer that would permanently protect the neighborhood and the adjacent farm operations, and noted that these objectives were met; - Referred to Subarea 2 and stated it was his understanding that the agricultural buffer would be in place for the entire property and expressed disappointment that was not the case; does not see any alternative at this time; - Acknowledged State's affordable housing requirements; - Prefers a neighborhood drainage solution rather than addressing on individual properties; - Prefers going back to review the drainage solution; - Reluctantly supported moving forward. Council Member Fellows provided the following comments: - Concerned about lack of total drainage solution and agricultural buffer for entire area of Subarea 2; - Cannot support Plan as proposed; - Stated that the agricultural buffer is important because it will protect the farmer in the future and the homeowners that will be living in Subarea 2. Mayor Pro Tern Arnold provided the following comments: - Expressed concern that approval of the Neighborhood Plan does not provide final approval of the layouts within each Subarea and that individual proposals for each property will be reviewed separately by the City Council, and that it contradicts approval of the conceptual plan being proposed this evening. City Attorney Carmel read from Policy LU2 -7 in the General Plan, which requires a Neighborhood Plan to coordinate street, drainage, water, sewer, agricultural buffer, creek trail, conservation /open space consideration prior to approval of any subdivision or parcel map. He explained that the intent was to provide flexibility to evaluate each application as it comes in and clarified that the proposal is a conceptual plan. - Referred to the Estes property and opposed the proposed layout and density as shown in the conceptual plan. City Attorney Carmel clarified that the proposal was conceptual, was not intended to be a subdivision, that the Council would retain discretion over subdivision approvals, and approval of the Neighborhood Plan is not binding as it relates to the conceptual plan. - Inquired whether the Neighborhood Plan should identify who will bear the expense of water and sewer facilities; - Concerned about density; wants to remove option for Planned Unit Developments from the Neighborhood Plan; - Would like to document in the Plan that expenses for infrastructure improvements will be the responsibility of the applicant; - Opposes the proposed density calculated for the Estes property and would support a change in the conceptual plan to reduce the plan by one unit; could otherwise support the Neighborhood Plan as proposed. Minutes: City Council Meeting Page 5 Tuesday, July 10, 2007 Mayor Ferrara provided the following comments: - Uncomfortable that the Neighborhood Plan is not a binding document; - Recognized that the Council would have to consider each application as it comes forth individually; however, he believed that the 130 foot agricultural buffer zone shown on the map should be applied from one end of Subarea 2 to the other; - Prefers that the agricultural buffer in Subarea 2 have a softer look than Subarea 1 as it is transitioning into a more rural area; - Expressed concerns about the overall drainage issue in this area and preferred that staff continue to work with the property owners to create a comprehensive drainage plan; - Supported removing the PUD option from the Neighborhood Plan. Council Member Costello moved to introduce 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, Development Code Amendment 06 -004, Applied for by the City of Arroyo Grande for property located north of the East Cherry Avenue Extension (Subarea 2 of the East Village Neighborhood Plan), to exclude Planned Unit Developments in this area; to direct staff to continue to work with any potential applicants on any potential projects to provide drainage plans that will benefit multiple properties; and that the cost of the infrastructure improvements are to be borne by the applicants. City Attorney Carmel advised the Council it would be more appropriate to consider approval of the Neighborhood Plan prior to introducing the ordinance for the Development Code Amendment. Council Member Costello tabled the motion. Council Member Costello moved to adopt a Resolution of the City Council of the City of Arroyo Grande approving East Village Neighborhood Plan (Neighborhood Plan Case No. 04 -001) for approximately 22 acres located east of the Noguera Court Subdivision, north of the East Cherry Avenue Extension, and south of Arroyo Grande Creek; Applicant - Creekside Estates of Arroyo Grande, LLC. Mayor Pro Tern Arnold seconded the motion. Discussion ensued concerning the removal of PUD's from the Neighborhood Plan, and City Attorney Carmel informed the Council that the Plan contains numerous references to PUD's and he suggested the Council take tentative action to approve the Plan in order to allow staff to thoroughly review and revise the document based on the Council's direction. Mayor Ferrara asked for clarification that if the Council took tentative action to approve the Plan, then it would come back to the Council in a revised form for final approval. City Attorney replied that was correct. Action Council Member Costello amended his motion to take tentative action to adopt the Resolution approving the East Village Neighborhood Plan. Mayor Pro Tern Arnold asked if this included a modified Site Plan to reflect seven lots on the Estes property instead of eight. Council Member Costello stated that it was not necessary at this time as the Council would have the option to review individual development proposals on their own merits as they come forward. Discussion ensued to clarify that the Neighborhood Plan would be modified to remove the option for PUD's in Subarea 2 and to include a more detailed drainage strategy for Subarea 2. Mayor Ferrara seconded the amended motion. Minutes: City Council Meeting Page 6 Tuesday, July 10, 2007 Council Member Fellows expressed concern about dealing with the agricultural buffer later as projects come forward in Subarea 2, as only the people that own land in or adjacent to the buffer would be responsible for providing the buffer. He said that leaves fewer than half of the property owners who would bear that burden. The motion passed on the following roll -call vote: AYES: Costello, Ferrara, Guthrie NOES: Fellows, Arnold ABSENT: None City Attorney Carmel recommended that the Council defer taking action on the Development Code Amendment until the Neighborhood Plan has been modified and approved. Action Council Member Costello moved to continue consideration of the Development Code Amendment to a date uncertain. Mayor Pro Tern Arnold seconded. Mayor Ferrara requested that this item be expedited and returned to the Council as soon as possible. The motion passed on the following roll -call vote: AYES: Costello, Arnold, Guthrie, Fellow, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 9:05 p.m. The Council reconvened at 9:15 p.m. 10. CONTINUED BUSINESS ITEM 10.a. Consideration of Resolution Certifying a Five -Year Radar Speed Survey and Establishment of Speed Limits on Rancho Parkway, Valley Road and North Halcyon Road. Assistant City Engineer Linn presented the staff report and recommended the Council adopt a Resolution certifying a five -year radar speed survey establishing speed limits on Rancho Parkway, Valley Road and North Halcyon Road. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. Council comments included acknowledgement of the restriping on Rancho Parkway, which has appeared to calm traffic speed; and support for the Resolution as proposed. Mayor Pro Tern Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE FIVE -YEAR RADAR SPPED SURVEY AND ESTABLISHING SPEED LIMITS ON RANCHO PARKWAY, VALLEY ROAD AND NORTH HALCYON ROAD ". Council Member Fellows seconded, and the motion passed on the following roll call vote: Minutes: City Council Meeting Tuesday, July 10, 2007 AYES: Arnold, Fellows, NOES: None ABSENT: Arnold 11. NEW BUSINESS ITEM Costello, Guthrie, Ferrara Page 7 11.b. Consideration of a Center Left Turn Lane on East Grand Avenue Between Halcyon Road and El Camino Real. Council Member Fellows declared a conflict of interest due to ownership of real property in the project area and stepped down from the dais. Director of Public Works Spagnolo presented the staff report and stated that the Traffic Commission recommended the City Council approve Option A for the proposed striping revisions on East Grand Avenue between Halcyon Road and El Camino Real for a center left turn lane. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Evan Larson Le Point Street, referred to the City Council's adoption of the Strategic Plan and the goal for providing balanced transportation facilities in the City. He stated there was no bikeway currently along E. Grand Avenue and referred to the City's goal to create a minimum of five new bike lanes in the City; requested the Council not approve Option A; and requested the Council continue the item to seek further public input on the matter. Adam Fukushima representing SLO Bicycle Coalition, spoke in support of bike lanes on E. Grand Avenue. Fred Pope 715 & 717 E. Grand Avenue, spoke in support of Option B and noted he wanted the parking in front of his building removed. Ted Aclan presented a petition signed by 86 members of the community in support of Option B. Tom Gerard 723 E. Grand, spoke in support of Option A; stated that E. Grand Avenue is a business route; and stated E. Grand Avenue is not a safe route for bicycles. Jessica Balseiro submitted a letter, which was read into the record by a member of the public, in support of Option A. Ron Gould E. Grand Avenue, spoke in support of Option A. Kenneth Price spoke in support of Option B. Warren Hockingberry spoke in support of Option B. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments included support for the restriping plan identified in Option B which would provide a bike lane with 11 -foot travel lanes on both sides of E. Grand Avenue except for mid - block; support for creating additional bike lanes in the City; acknowledgement that bike lanes are a key part of the City's Bike Plan, Circulation Plan, Strategic Plan, and Economic Element; that bicycling is more than recreational, it provides another form of transportation; that bike lanes provide a path to the schools; that most businesses have available on -site parking; that the City should assist those property owners to identify alternative parking arrangements or investigate the use of passenger loading and unloading zones; that a large segment of the community supports Minutes: City Council Meeting Tuesday, July 10, 2007 Page 8 additional bike lanes; and acknowledgement of safety concerns for bicyclists as it relates to visibility. Action Mayor Pro Tern Arnold moved to approve Option B for the proposed striping revisions on East Grand Avenue. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Costello, Ferrara NOES: None ABSENT: Fellows Council Member Fellows returned and took his place at the dais. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Pro Tern Arnold referred to Heacock Welding and Ira's Bike Shop, two merchants located in the Village, where he had recently conducted business and thanked them for their good work and professionalism. Mayor Ferrara distributed material to staff concerning a potential class action lawsuit relating to unpaid transient occupancy taxes to cities by online travel booking services, and requested that City staff follow up on the matter. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:18 p.m. /s/ Tony Ferrara, Mayor ATTEST: /s/ Kelly Wetmore, City Clerk (Approved at CC Mtg 812812007)