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Minutes 2002-09-24 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 24,2002 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7: 16 p.m. 2. ROLL CALL City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Parks, Recreation & Facilities Hernandez; Director of Public Works Spagnolo; Police Chief TerBorch; and Director of Community Development Strong. 3. FLAG SALUTE Members of Boy Scout Troop 70 led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tem Runels moved, Council Member Ferrara 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 Paul Thorvaldsen, 538 Ide Street, Arroyo Grande Chamber of Commerce Board of Directors Chairman, announced he would be stepping down, as he would be moving out of the area. He spoke about the Chamber and thanked the Council for its support. Mayor Lady acknowledged Mr. Thorvaldsen's accomplishments and wished him the best. 8. CONSENT AGENDA City Manager Adams requested that Consent Agenda Item 8.1. be pulled in order to enable Council discussion and receive direction. CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 2 Council Member Lubin requested that Consent Agenda Item 8.h. be pulled for separate roll-call vote and announced he would step down on the item due to a conflict of interest. Council Member Ferrara requested that Item 8.f. be pulled for discussion and Item 8.j. be pulled for clarification. Mayor Pro Tem Runels moved and Council Member Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.f., 8.h., and 8.j., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period September 1, 2002 through September 15, 2002. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed August 2002 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at August 31,2002. 8.c. Consideration of Approval of Minutes. Action: Approved minutes for the Regular City Council Meeting of September 10, 2002 as submitted. 8.d. Consideration of 2002 Conflict of Interest Code Biennial Notice. Action: Received and filed the 2002 Conflict of Interest Code Biennial Notice. 8.e. Consideration of Authorization to Solicit Bids for a Recreation Administration Division Vehicle. Action: Authorized staff to solicit bids for a Yo ton extended cab pickup truck. 8.g. Consideration of Authorization to Solicit Bids for Rodeo Drive Traffic Calming Project, PW 2002-07. Action: 1) Authorized staff to solicit public construction bids for the Rodeo Drive Traffic Calming Project; 2) Found that the project is categorically exempt from CEQA pursuant to Section 15301(c); and 3) Directed the Administrative Services Director to file a Notice of Exemption. 8.1. Consideration of Award of Contract for the Tally Ho Creek Flood Barrier Project, PW-2002-06. Action: 1) Awarded a construction contract for the Tally Ho Creek Flood Barrier Project to D-KAL Engineering in the amount of $24,880; 2) Authorized the City Manager to approve change orders not to exceed a contingency of $2,500 for use only if needed for unanticipated costs during the construction phase of the project; and 3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. AYES: Runels, Lubin, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. ---- --- CITY COUNCIL MINUTES SEPTEMBER 24. 2002 PAGE 3 Council Member Lubin stepped down from the dais for Item 8.h. due to a conflict of interest. 8.h. Consideration of Authorization of Progress Payment No. 1 for Rancho Grande Park Project, PW 2002-03. Recommended Action: Authorize Progress Payment No. 1 in the amount of $75,738.70 to Herrera Engineering, Inc. for the Rancho Grande Park Project. Mayor Pro Tem Runels moved to approve staff's recommendation. Council Member Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Ferrara, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin returned to the dais. Council Member Dickens stepped down from the dais for Item 8.1. due to a conflict of interest. 8.1. Consideration of Fee Waiver for Development Code Amendment 02-003; Rezoning 871 East Cherry Avenue from General Agriculture (AG) to Agricultural Preserve (A1). Recommended Action: Approve the request from the Gordon F. Dixson Trust to waive pennit fees for Development Code Amendment 02-003. Council Member Ferrara asked for clarification on the action being recommended. City Manager Adams explained that staff was seeking direction on the fee waiver request for the Development Code Amendment as a possible measure to provide an incentive to the applicant for preserving agricultural land. Community Development Director Strong gave a brief overview of the staff report and responded to questions from Council regarding the Williamson Act versus the Super Williamson Act, how many acres the parcel comprises, and General Plan policies and goals related to agricultural preservation. Mayor Pro Tem Runels stated he had concerns with the fee waiver request and said he wanted more information on the Agricultural Preserve designation; inquired whether public hearings were necessary for the undertying proposal; and commented that the amount of land to be preserved is minimal. Council Member Ferrara referred to the Agriculture Element of the General Plan in which there is a goal to encourage fannland to be put into Agricultural Preserve. He stated he did not feel a public hearing was required for the fee waiver request as the request was consistent with General Plan Agriculture Element policies. CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 4 Council Member Lubin urged the continuance of efforts to put agricultural land into preservation; however, he agreed with Mayor Pro Tem Runels that he did not necessarily agree with waiving the permit fee. He stated he did not want to set a precedent for waiving fees. Mayor Lady stated that the request was consistent with the policies in the General Plan and supported the request. Mayor Pro Tem Runels moved to deny the request from the Gordon F. Dixson Trust to waive permit fees for Development Code Amendment 02-003. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Lubin NOES: Ferrara, Lady ABSENT: Dickens There being 2 AYES, 2 NOES, and 1 ABSENT, the motion failed. Council Member Ferrara moved to approve the request from the Gordon F. Dixson Trust to waive permit fees for Development Code Amendment 02-003. Mayor Lady seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Lady NOES: Runels, Lubin ABSENT: Dickens There being 2 AYES, 2 NOES, and 1 ABSENT, the motion failed. No action was taken on Item 8.1. Council Member Dickens returned to the dais. 8.j. Consideration of Proposed Addendum to Previously Approved EIR Consultant Contract with Denise Duffy and Associates for the Creekside Center Project; 415 E. Branch Street; Applicant - Richard DeBlauw. Recommended Action: Approve a contract addendum to the scope of work and budget for the Creekside Center EIR. Community Development Director Strong responded to questions from Council Member Ferrara regarding the scope of work for the traffic study. Mayor Pro Tem Runels moved to approve staffs recommendation. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Ferrara, Lubin, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 5 9. PUBLIC HEARINGS 9.a. Consideration of Proposed Expenditure of State Funds for Citizens Option for Public Safety (COPS) Program Provided in the FY 2002-03 State Budget. 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, staff recommended the Council authorize the expenditure of $3,112 carried over from the City's FY 2001-2002 COPS Program. Mayor Lady opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Following Council comments supporting Chief TerBorch's recommendation to utilize the FY 2002-03 Citizens Option for Public Safety (COPS) funds to continue to fund the personnel actions originally approved by the Council under the FY 2000-02 COPS Program and to expend funds carried over from the FY 2001-02 COPS Program, Council Member Ferrara moved to approve the expenditure of $100,000 as authorized by the State for law enforcement services under the COPS Program; and to authorize the expenditure of $3,112 carried over from the City's FY 2001-2002 COPS Program. Mayor Pro Tem Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Runels, Dickens, Lubin, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.b. Consideration of Amended Conditional Use Permit Case No. 02-003 and Variance Case No. 02-004; 1530 E. Grand Avenue; Applicant - Larry Persons. Community Development Director Strong presented the staff report and stated that the Planning Commission recommended the City Council 1) Adopt a Resolution approving Amended CUP Case No. 02-003 and 2) Adopt a Resolution approving Variance Case No. 02-004. John Knight, RRM Design Group, representing the applicant, responded to questions from Council Member Dickens regarding the wall height variance. He further explained the main components of the project's redesign; clarified that the commercial use is still included; clarified that the connection of buildings eliminate the need for some of the elevators; used a model of the proposed revised project to demonstrate improved pedestrian circulation around the project; identified the location where the wall height variance was being requested; clarified that the project consists of the same number of units; explained that the courtyard was bigger; and that the grade had been altered to provide easier access to the commercial portion of the project. CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 6 Larry Persons, Pacific Harbor Homes, described the proposed project layout using the model of the project. John Knight reviewed the basis for requesting an increase in the building height, explaining that the project visually appears as a two-story building from the outside of the project. He pointed out that the first floor is below grade and all three floors could only be seen from inside the project's courtyard. In response to questions from Council Member Dickens, Mr. Persons explained that all three floors would have 9-foot ceilings; the natural lighting is same for all units, as most of the units are placed back to back; explained that the parking area is open and there is a security gate around the complex for which residents will have an automatic opener for entrance; and confirmed the location of the manager's unit. Council Member Lubin asked for clarification with regard to the building height and roof pitch, as well as the structures visual impacts from various vantage points. Council Member Ferrara asked how the senior recreation center would be affected by the project's redesign. Mr. Persons responded that the center would increase from the 1,500 square feet to 2,400 square feet, and gave an overview of the amenities to be available. Mayor Lady opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Council Member Lubin expressed support for the changes, commenting that the redesign of the building and walkways addressed his initial concern regarding the reduction of elevators; commented that the wall height variance was not a major concern as the wall backs up to the church parking lot where a wall already exists; encouraged screening with landscape materials; expressed support for the full extent of the height variance as a 9-foot ceiling was desirable and would help create the appearance of a bigger unit, and a 5:12 roofline is more desirable architecturally. He supported approval of the proposed use permit changes and variances. Council Member Dickens agreed that a 9-foot ceiling was more desirable and attractive; stated he was pleased with the enlarged recreation center and its redesign; referred to the variance findings and commented that the applicant did a good job of addressing issues on the site; stated that his concerns about emergency egress from the project were addressed; and stated that the project meets the vision and intent for the area. He supported staffs recommendation for approval. Council Member Ferrara added emphasis that the retaining wall variance was not an issue due to its placement on the site. He said he was pleased with the landscape detail on the plan for the wall; liked the 9 foot ceilings, stating that the impact adds dimension and volume to an otherwise confined space; stated that the 5:12 roof was more visually pleasing; and stated that the design is very creative and solves original concerns regarding the grade and access. He commented that the building height variance is ------- CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 7 precedent setting in a positive way and acknowledged the applicant's efforts with the design of this mixed-use project. Mayor Pro Tem Runels complimented the applicant on minimizing grading and supported the changes to the project. Mayor Lady agreed that the project was architecturally pleasing and was a much better project. Council Member Lubin moved to adopt a Resolution approving Amended CUP Case No. 02-003. Council Member Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Ferrara, Dickens, Runels, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution approving Variance Case No. 02-004, with an amendment to Item C in Exhibit "A. to allow a maximum building height of 38 feet. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Ferrara, Runels, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS 10.a. Consideration of Design Guidelines for Historic Districts Process and Schedule Revisions. Community Development Director Strong presented the staff report, responded to questions from Council and recommended the Council provide direction to staff regarding the Architectural Review Committee composition and consent to the recommended public hearing schedule for the consideration of Design Guidelines for Historic Districts. City Manager Adams emphasized that comments provided in the staff report were provided to the Council as a result of feedback received from the workshops. Mayor Lady invited comments from the public who wished to be heard on the matter. The following members of the public spoke on the matter: Chuck Fellows, 507 Le Point Street, read a written statement (on file in the Administrative Services Department) requesting the Council reject the ChamberNlA suggestions regarding the draft Design Guidelines and continue to work toward less __n_____.___ CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 8 ambiguous, more definitive, more useful Guidelines that will help maintain the unique qualities of the Village. Jim Guthrie, 514 Starlight Lane, referred to the number of workshops that have taken place and stated that the Council owes it to the public and the process to review the Guidelines that were drafted. He urged the Council to move forward with the process so that decisions could be made. Kristen Barneich, 212 Canyon Way, read a written statement (on file in the Administrative Services Department) emphasizing the need for more definitive design guidelines for the Village. Joe Costello responded to comments submitted by Chamber of CommerceNillage Improvement Association regarding the proposed Design Guidelines (letter from Chamber on file in the Administrative Services Department). He stated that if the City clearly defines the standards, there must be the same language in the Guidelines in order to enforce the regulations. He encouraged the Council to move forward with the process. Nan Fowter, 630 Cerro Vista Circle, referred to the approval of the Village Centre project and stated she had pointed out many areas where the developer followed the Village Design Guidelines in the project. She commented that if the guidelines had been more lenient with colors, the project may not have appeared so massive. She stated that the City needs guidelines; however, they should not be too restrictive, because the City must stay business friendly to make the Village the core, charming Village we want. Following extensive discussion, comments, and suggestions, a majority of the Council concurred with providing direction to staff as follows: . Research design guidelines from other jurisdictions with historic districts and identify any relevant alternate approaches that are used; . Proceed with the process and schedule as proposed, seeking recommendations from the ARC and Planning Commission prior to returning to the City Council for final approval. Present the existing draft Design Guidelines to the ARC and Planning Commission, along with issues identified in the workshops, and seek recommendations on each issue; . Do not identify or incorporate a greater range of more modern architectural styles; . Modify the document title by using the term "Standards" instead of "Guidelines"; . Do not pursue making any changes to the composition of the ARC; . Defer any recommendation to create transitional districts; however, present the concept to the ARC and Planning Commission for review. CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 9 11. NEW BUSINESS 11.a. Consideration of Draft Ordinance Amending Municipal Code Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control". Director of Public Works Spagnolo presented the staff report, responded to questions from Council, and recommended the Council review the draft Ordinance amending Municipal Code Chapter 13.24 and authorize distribution of the draft Ordinance for a 45-day public review and comment period. Mayor Lady invited comments from the public who wished to be heard on the matter, and upon hearing none, brought the item back to Council for consideration. Council Member Ferrara referred to Section 13.24.120, B.2. of the proposed ordinance and recommended the last sentence be renumbered and identified as its own section. Council concurred. Council Member Lubin moved to authorize distribution of the draft Ordinance as amended for a 45-day public review and comment period. Mayor Pro Tem Runels seconded the motion, and the motion passed unanimously by voice vote. 11.b. Consideration of City Entry Identification Signs. Community Development Director Strong presented the staff report and recommended the Council authorize staff to contract for three or four entry identification signs with a total cost not to exceed $10,000 and provide direction on initial locations and proposed design concept. Mayor Lady suggested that the date of the City's incorporation be added on the proposed signs. Council Member Dickens referred to the proposed sign rendering and suggested that real stone materials be used versus imitation stone pasted on to concrete. Mayor Pro Tem Runels commented he felt it would be more prudent to spend the additional funds on further street improvements. Mayor Lady invited comments from the public who wished to be heard on the matter, and upon hearing none, brought the item back to Council for consideration. Mayor Lady acknowledged for the record that email correspondence had been received from Sadie Krovious urging the Council to act favorably upon the consideration of City Entry Identification Signs. CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 10 Following Council comments supporting the recommendation, Council Member Ferrara moved to authorize staff to contract for three or four entry identification signs with a total cost not to exceed $10,000, and approve staffs recommendations regarding the locations and design concept. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Dickens, Runels, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS a. MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District (SSLOCSD). Met September 4th. 1) Held Closed Session to discuss employee compensation package; 2) Approved brine disposal application submitted by Ventura company; 3) Approved update to Conflict of Interest Code; and 4) Reviewed the District's Investment Policy. Met September 18th. 1) Held Closed Session regarding property acquisition near Oceano Airport. 1) Adopted Resolution approving 3-year employee compensation package. (2) Other. None. b. MAYOR PRO TEM THOMAS A. RUNELS (1) Zone 3 Advisory Board. 1) Reported that the Recreation Area received $224,000 in gate receipts at the lake in July 2002 and $223,000 in receipts in August 2002. Trout has been planted at the lake. The level of the lake is at an elevation of 497 feet which is 23 feet below spill. 2) Discussion held regarding costs incurred for additional stone columns to be installed at the Dam remediation project. A contract amendment was approved and sent to the Board of Supervisors for final approval. (2) County Water Resources Advisory Committee (WRAC). An RFP has been issued for the design and engineering of the water treatment plant upgrade. (3) Other. None. c. COUNCIL MEMBER JIM DICKENS (1) Economic Opportunity Commission (EOC). Meeting postponed until next week. (2) South County Youth Coalition. No report. Meets next week. (3) Other. None. CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 11 d. COUNCIL MEMBER TONY M. FERRARA (1) Integrated Waste Management Authority Board (IWMA). Met September 11th. 1) Reviewed 5-Year Plan for San Luis Obispo County IWMA and agreed to continue current programs. A recycling newsletter has been created to be sent to teachers to educate students about recycling. (2) Air Pollution Control District (APCD). No report. Meets tomorrow. (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). No report. (4) Other. None. e. COUNCIL MEMBER SANDY LUBIN (1) South County Area Transit (SCAT). 1) Decision has been made to sell the trolleys; 2) Approved a senior VIP lifetime pass for individuals 80 years old or older; 3) Regarding operation of SCAT services, discussions are ongoing with SLORT A for dispatch services. (2) Economic Vitality Corporation (EVC). Presentation received by David Cremin of Draper, Fisher, Jurvetson, a venture capital company based in Los Angeles who explained they were given $20 million by CalPERS to start the Frontier Fund which is focused on smaller towns in California and technical start-up ventures. They are considering whether or not to base this fund in San Luis Obispo County. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS a) Local Groundwater Assistance Fund Application. (RUNELS) Mayor Pro Tern Runels referred to the Proposal Solicitation and Application Package from the State of California Department of Water Resources and explained that the State was inviting local agencies to submit proposals for groundwater management project grants. Mayor Pro Tern Runels requested, and Council concurred, to have staff complete and submit a Local Groundwater Assistance Fund Application to the State of California Department of Water Resources. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS None. 16. STAFF COMMUNICATIONS None. 17. ADJOURNMENT Mayor Lady adjourned the meeting at 11 :05 p.m. -------------- - . CITY COUNCIL MINUTES SEPTEMBER 24, 2002 PAGE 12 MJ:'~~ ATTEST: ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK