Loading...
Minutes 2007-09-25MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 25, 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 7:08 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, Director of Public Works Don Spagnolo, Associate Planner Kelly Heffernon, and Director of Building and Fire Mike Hubert. 3. FLAG SALUTE Members of Cub Scouts Pack 13 Den 2 led the Flag Salute. 4. INVOCATION Dr. Mayer-Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Council Member Guthrie seconded, and the motion passed unanimously that ali ordinances moved for introduction or adoption at the meeting shall be read in title only and all further reading be waived. Mitch Mundahl, property manager representing the apartment tenants at 400 S. Elm Street and 425 Ash Street, submitted a neighborhood petition opposing the construction and use of a dog park at Elm Street Park. 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. Mayor Ferrara pulled Item S.i. Action: Council Member Guthrie moved, and Mayor Pro Tem Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.h, with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Guthrie, Arnold, Costello, Fellows, Ferrara NOES: None ABSENT: None Minutes: City Council Meeting Tuesday, September 25, 2007 Page 2 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 1, 2007 through September 15, 2007. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of August 31, 2007. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council meetings of August 14, 2007, and the Regular City Council meeting of August 28, 2007 as submitted. 8.d. Consideration of Approval of the Arroyo Grande Watershed and Creek Memorandum of Understanding. Action: Approved and authorized the Mayor to execute the proposed Arroyo Grande Watershed and Creek Memorandum of Understanding. 8.e. Consideration of a Consultant Services Agreement with the Wallace Group for the Desalination Funding Study. Action: 1) Approved the Agreement with Wallace Group; 2) Authorized the Mayor to execute the Agreement; and 3) Appropriated an additional $3,317 from the Water Facility Fund for the Study. 8.f. Consideration of an Agreement with the State of California Department of Water Resources for a Desalination Funding Study Grant. Action: Approved Agreement with the State of California Department of Water Resources for the Desalination Funding Study Grant; and authorized the Mayor to execute the Agreement. 8.g. Consideration of a Resolution Adopting Public Works Fees and Service Charges. Action: Adopted Resolution No. 4036 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING SPECIFIED FEES FOR PUBLIC WORKS SERVICES AND EQUIPMENT". 8.h. Consideration of Grant of Temporary License and Agreement with PG&E for Use of City Property. Action: Approved and authorized the Mayor to execute a Grant of Temporary License and Agreement for Use of City Property with Pacific Gas and Electric for a temporary Park-N- Ride lot located at the northeast corner of Old Ranch Road and West Branch Street. 8.i. Consideration of an Award of Contract to R. Burke Construction and Lee Wilson Electric Company, Inc. for Park & Ride Lot at West Branch Street and Old Ranch Road. Recommended Action: 1) Award a contract to R. Burke Construction in the amount of $60,835.00 for grading of the park and ride lot at West Branch Street and Old Ranch Road; 2) Authorize the City Manager to approve change orders not to exceed the contingency of $6,085.00 to R. Burke Construction for use only if needed for unanticipated costs during the construction phase of the project; 3) Award a contract Lee Wilson Electric Company in the amount of $22,300.00 for installation of lighting; and 4) Authorize the City Manager to approve change orders not to exceed the contingency of $2,230.00 to Lee Wilson Electric Company for use only if needed for unanticipated costs during the construction phase of the project. In response to concerns expressed by Mayor Ferrara about whether the lighting fixtures used on the site would be energy efficient with adequate shields, Director Spagnolo responded that the bid was based on the use of a standard street light which would be somewhat shielded and facing down. Mayor Ferrara requested that staff follow up and ensure the lighting fixtures are energy efficient with a reduced glare to mitigate impacts to the neighboring homes. Minutes: City Council Meeting Page 3 Tuesday, September 25, 2007 Action: Mayor Ferrara moved to approve Item 8.i. with the recommended courses of action. Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Ferrara, Fellows, Costello, Guthrie, Arnold NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of Use of State 2007-OS Citizens Option for Public Safety (COPS) Funds. City Manager Steve Adams presented the staff report and recommended Council 1) Approve the Chief of Police's recommendation to utilize the FY 2007-08 COPS funds to continue the multi-year program for the replacement and enhancement of the Police Department's base radio communications equipment; and 2) Authorize the expenditure of $61,834 carried over from the City's FY 2006-07 COPS Program. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council comments included support of the recommendations as proposed by the Chief of Police Action: Council Member Costello moved to approve the Chief of Police's recommendation to utilize the FY 2007-08 COPS funds to continue the multi-year program for the replacement and enhancement of the Police Department's base radio communications equipment. Mayor Pro Tem Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: None Action: Council Member Costello moved to authorize the expenditure of $61,834 carried over from the City's FY 2006-07 COPS Program. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellows, Arnold, Ferrara NOES: None ABSENT: None 9.b. Consideration of Vesting Tentative Tract Map Case No. 04-004 & Planned Unit Development Case No. 04-001 for a Revised Proposal to Construct a Commercial Retail, Office and Residential Development; Applicant - DB 8 M Properties, LLC; Location 415 E. Branch Street. Associate Planner Heffernon presented the staff report and recommended the City Council consider an addendum to a certified EIR and revised proposal for a commercial retail, office and residential project to be developed in the Village of Arroyo Grande (Creekside Mixed-Use Center). Minutes: City Council Meeting Page 4 Tuesday, September 25, 2007 Michael Peachev, representing the applicant, gave an overview of the proposed project using a 3-D model simulation and outlined the main issues associated with the project and efforts made to improve the project. Council questions and discussion ensued regarding parking requirements and configurations; maintenance near the creek; ceiling height of the parking structure; pedestrian access to the creek; elimination of the gate; distance of the pedestrian path from the back of the proposed residences, and whether screening would be installed; the access easement agreement; designation of existing structures as State historical resources; the strength of the Bridge Street culvert in the event of a flood; street width; and lighting within the project. Duane DeBlauw, project applicant, responded to questions and clarified issues regarding the trees along Crown Terrace; intersection improvements at Le Point and Crown Terrace (does not see nexus for improvements at the northwest corner); the proposed width of Le Point Street; and mixed use parking requirements. He expressed concern about conditions requiring the adjacent property owners to register their building as a historical resource with the State and enforcing green build requirements. Mayor Ferrara opened the public hearing Debbie and Bill Murohv expressed concerns about the project's impact on their two residential zoned properties located on the triangular piece between E. Branch and Crown Hill, including loss of their quiet, residential neighborhood; loss of off-street parking; the length of construction; that their properties would be surrounded by commercial/mixed-use and could affect their property values; and noise from the project. They expressed concern about their inability to convert their properties to commercial in the future due to increased commercial use and traffic in the area. Mrs. Murphy expressed concern that they did not receive notice of the neighborhood meetings. She suggested the City consider a zone change to commercial for their lots; and referred to a historic 100-year wall along E. Branch that could present problems for access to a future commercial development and suggested moving the wall to the proposed project between the residential portion and the pedestrian path to address the privacy issue. She also suggested the placement of a stop sign at E. Branch and Crown Hill to mitigate project traffic impacts. Camav Arad, E. Branch Street business owner, expressed appreciation to the Council for denying the first project and to the applicant for their perseverance in coming forward with an improved project which will provide plenty of parking for the businesses and residences. She requested that something be included in writing that the water main would not get turned off during construction. She further expressed hope that the barn would be repainted as depicted in the proposed drawings. Barbara Freel referred to the southeast corner of Le Point Street and Crown Terrace and expressed concern that portions of her property are designated as public right of way on a City map. She also expressed concern that she and others in the neighborhood did not receive notice of tonight's public hearing. Susan Flores, E. Branch Street, spoke in support of the revised project; supported the addition of pedestrian pathways; liked the mixed-use component; noted that the Historical Resources Committee is now in place to assist in evaluating properties for historical designation; and stated that there are remedies available for the Murphy's to address potential parking issues. Mike McConville, E. Branch Street, observed that the area is in transition; noted that the applicants have made great effort to address all the concerns expressed; and spoke in support of the project. Caren Rav, Miller Way, encouraged the Council to discuss and possibly add creek access via a footpath to the proposed development. Debbie Murohv reiterated that their main concern is noise from the project as it relates to the proximity of the residences on Crown Hill to the commercial buildings and courtyard on E. Branch. Minutes: City Council Meeting Page 5 Tuesday, September 25, 2007 Hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments and discussion ensued concerning revisions and improvements to the proposed project as it relates to size and scale, vehicular access and parking, and saving and/or replacing trees; pedestrian access to the creek within the project; promoting green build practices; registration of buildings as historical resources; street and intersection improvements associated with the project; that rezoning of the residential property across the street on Crown Terrace is a separate issue from this project; support for adding a condition (#116) to require the applicant to provide evidence of all easements necessary for unimpeded public access to the project site, as shown on the project plans; a suggestion that the placement of a gate between the residential and commercial uses would be evaluated after a certain period of time; support for use of bioswales; and support for a monument that designates the historic significance of the railway. Action: Mayor Pro Tem Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO CONSIDER AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT, ADOPT A MITIGATION MONITORING PROGRAM, INSTRUCT THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVE VESTING TENTATIVE TRACT MAP CASE NO. 04-004 AND PLANNED UNIT DEVELOPMENT CASE NO. 04001, LOCATED AT 415 EAST BRANCH STREET, APPLIED FOR BY DB 8 M PROPERTY, LLC", with additional changes as follows: 1) that the railroad landscape detail as presented tonight be included; 2) that the footpath to the creek be installed if feasible after study by the City; 3) that a provision to re-evaluate the placement of a gate between the residential and commercial uses after two years be included; 4) that the Cypress trees in the northeast corner be removed and replaced with a new landscape plan to be approved by the ARC; 5) that Condition #116 be added as follows: "Prior to issuance of grading or building permits for the project, the applicant shall provide evidence, to the satisfaction of the City Attorney, of all easements necessary for unimpeded public access to the project site, as shown on the project plans'; 6) that the applicant use the City's Green Build Checklist only for guidelines and informational purposes; 7) to remove the requirement that-the two Brown properties be listed on the Historical registry until a later date when they may come forward with their own project or until the Historical Resources Committee makes a formal recommendation; and 8) amending Condition #58 to include drainage and sidewalk improvements on the northwest corner, and the City providing partial funding assistance, as determined feasible. Council Member Guthrie seconded the motion. The motion carried on the following roll call vote: AYES: Arnold, Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: None Mayor Ferrara called a break at 10:10 p.m. The Council reconvened at 10:23 p.m. 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS None. Minutes: City Council Meeting Page 6 Tuesday, September 25, 2007 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). The Board received and reviewed information on most recent Regional Housing Needs Allocation numbers for San Luis Obispo County provided by the State Housing and Community Development Department. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that locking manhole hole covers had been installed in six areas associated with the Bakeman Lane trunkline. (3) Other. None. b. MAYOR PRO TEM ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. (2) Economic Vitality Corporation (EVC). No report. Next meeting is on Wednesday. (3) Other. None. c. COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board. 1) Reported that a recent lightening storm blew out some of the pumps in the new facility and have been replaced under warranty. 2) Reported on the progress of the Habitat Conservation Plan. (2) Air Pollution Control District (APCD). Meets tomorrow where environmental awards will be presented, and additional grant funding has been made available to the Lucia Mar Unified School District to assist in replacing an older diesel bus. (3) Fire Oversight Committee. Reported on hiring status of a new Battalion Chief. (4) Fire Consolidation Oversight Committee. No report. (5) Other. None. d. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). Reported there have been some bus connection problems due to bus route changes; reported on funding available for local bus stop improvements. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Other. None. e. COUNCIL MEMBER CHUCK FELLOWS: (1) South County Youth Coalition. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS: a.) Request to consider future agenda item and/or discussion on concerns regarding reduction of local cable television franchisee office hours (COSTELLO) Council Member Costello expressed concern regarding the potential closure of Charter Communication's local office in Arroyo Grande. Following brief discussion, the Council directed staff to look into the matter and provide a memorandum back to Council with a status report. Mayor Ferrara expressed concern about the lack of recycling containers at Soto Sports Complex. He requested that staff place more recycling containers at Soto Sports Complex and other City parks. Minutes: City Council Meeting Tuesday, September 25, 2007 14. CITY MANAGER ITEMS: None. Page 7 15. COUNCIL COMMUNICATIONS: In response to a report from Council Member Fellows concerning the recycling of fluorescent light bulbs, City Manager Adams announced he had met with IWMA staff members and would pass on information he had received to the Council. Mayor Pro Tem Amold reminded the community about the Harvest Festival this coming weekend. Mayor Ferrara announced he would be attending the America In Bloom National Awards in Rockford, Illinois this coming weekend. Mayor Ferrara announced that the first Council meeting in October would be "Aloha Shirt Day". 16. STAFF COMMUNICATIONS: City Manager Adams reported that staff would be reviewing the permit process for public entertainment activities. City Manager Adams reported that staff had implemented a new format for staff reports and solicited feedback from the Council. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. meeting at 10:45 p.m. Tony ATTEST: Kelly Wet ore, ;,ity Clerk (Approved at CC Mtg l D -23 -1007 )