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Minutes 2008-08-14MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 14, 2008 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting, to order at 7:05 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie and Ed Arnold, Mayor Pro Tem Chuck Fellows, and Mayor Tony Ferrara were present. Council Member Joe Costello was absent. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Financial Services Angela Kraetsch, Director of Parks, Recreation and Facilities Doug Perrin, Director of Public Works Don Spagnolo, Director of Community Development Rob Strong, and Associate Planner Teresa McClish. 3. FLAG SALUTE Members of Boy Scouts of America Troop 489 led the Flag Salute 4. INVOCATION Pastor Ouimette was not present. No invocation was given. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Arnold, Council Member Guthrie 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 Pearl Cole inquired when the creeks would be cleaned out and noted that there was a lot of debris buildup under the Traffic Way Bridge. She also noted that there was a lot of new ivy growing. Mayor Ferrara requested that Ms. Cole follow-up with City Manager Adams. He noted that the City works with Central Coast Salmon Enhancement and other agencies on programs to address creek clean-up and maintenance. He also noted that permits from State Fish & Game were required prior to entering the creeks for maintenance. 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. There were no public comments received. Minutes: City Council Meeting Tuesday, October 14, 2008 Mayor Ferrara pulled Item 8.k. from the Consent Agenda. Page 2 Action: Council Member Guthrie moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.j. The motion passed on the following roll-call vote: AYES: Guthrie, Arnold, Fellows, Ferrara NOES: None ABSENT: Costello 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2008 through September 30, 2008. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of September 15, 2008, and the Regular City Council/Redevelopment Agency Meeting of September 23, 2008, as submitted. 8.c. Consideration of Cancellation of the November 11, 2008 City Council Meeting. Action: Canceled the regularly scheduled meeting on November 11, 2008. 8.d. Consideration of Council Appointment to Architectural Review Committee. Action: Approved the recommendation of Mayor Pro Tem Fellows to appoint Sue Avrit to the Architectural Review Committee. 8.e. Consideration of an Award of Contract to California Coastal Development Inc. for Construction of the Village Green Improvement Project, PW 2007-05. Action: 1) Awarded a construction contract to California Coastal Development Inc. for the Village Green Improvement Project, PW 2007-05, in the amount of $242,425; 2) Authorized the City Manager to approve change orders not the exceed the 10% contingency in the amount of $24,243.00 for unanticipated costs during the construction phase of the project; and 3) Approved transfer of $18,000 from Park Improvement Funds, that were carried over from FY 2007-08 for turf renovations at the Soto Sports Complex to the Village Green Improvement Project. 8.f. Consideration of Consultant Services Agreement with MNS Engineers Inc. for the Design of the City Hall Parking Lot Bioswale/Drainage Filter; Crown Hill (Paulding Middle School) Sidewalks; Elm Street Sidewalks; and Montego Street/Hillcrest Drive Intersection Improvements Capital Improvement Projects. Action: 1) Approved a consultant services agreement with MNS Engineers Inc. in the amount of $24,990 for the design of the City Hall Parking Lot Bioswale/Drainage Filter; Crown Hill (Paulding Middle School) Sidewalks; Elm Street Sidewalks; and Montego Street/Hillcrest Drive intersection improvements capital improvement projects (PW-2008- 07); and 2) Authorized the Mayor to execute the agreement. 8.g. Consideration of a Resolution Accepting an Offer of Dedication for an Easement for Public Road Purposes for Los Berros Road in Conjunction with the St. John's Lutheran Church Annexation. Action: Adopted Resolution No. 4132 as follows: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING AN OFFER OF DEDICATION FOR AN EASEMENT FOR A PUBLIC ROAD PURPOSES IN CONJUNCTION WITH ST. JOHN'S LUTHERAN CHURCH ANNEXATION". Minutes: City Council Meeting Page 3 Tuesday, October 14, 2008 S.h. Consideration of a Consultant Services Agreement with Cannon Associates to Furnish and Install Two Variable Frequency Drives and Associated Equipment for the Soto Sports Complex Irrigation System. Action: Approved a consultant services agreement with Cannon Associates in the amount of $27,419.54 to furnish and integrate two (2) variable frequency drives and associated equipment for the Soto Sports Complex irrigation system. 8.i. Consideration of Temporary Use Permit No. 08-017 Authorizing No Parking on East and West Branch Street, the Closure of Short Street at East Branch Street and the Use of Safety Measures on East and West Branch Street between Traffic Way and Mason Street on Friday, October 31, 2008 for'Halloween in the Village'." Action: Approved Temporary Use Permit No. 08-017 and adopted Resolution No. 4133 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE C/TY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. OS-017 AND AUTHORIZING THE CLOSURE OF SHORT STREET AT EAST BRANCH, IMPLEMENTING NO PARKING ON BRANCH STREET AND USE OF SAFETY MEASURES ON FRIDAY OCTOBER 31, 2008 FOR "HALLOWEEN /N THE VILLAGE". 8.j. Consideration of Time Extension 08-006 for Coastal Christian School; 1220 Farroll Avenue. Action: Adopted Resolution No. 4134 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AONE-YEAR TIME EXTENSION FOR AMENDED CONDITIONAL USE PERMIT 03-004; 1220 FARROLL AVENUE; APPLIED FOR BY COASTAL CHRISTIAN SCHOOL." ITEMS PULLED FROM THE CONSENT AGENDA 8.k. Consideration of Appropriation of Funds for a Pilot Soil Moisture Gauge Program. Recommended Action: Appropriate $10,000 from the Water Neutralization Fund to initiate a pilot soil moisture gauge program. Mayor Ferrara asked if the soil moisture gauge was another term for a rain gauge. Director Spagnolo responded that the proposed gauge measures the moisture level in soil, whereas a rain gauge generally collects and measures the amount of rainfall. Mayor Ferrara inquired whether the City would be able to use the proposed soil moisture gauge at City facilities in conjunction with its water conservation efforts and programs. City Manager Adams explained that the proposed gauges are manual gauges which would be provided to residents; however, there were other automatic gauges that could be used by the City. He noted that the City would be hiring a consultant to survey water volume usage within City facilities. Action: Mayor Ferrara moved, and Council Member Arnold seconded the motion to approve Consent Agenda Item 8.k., as recommended. The motion passed on the following roll-call vote: AYES: Ferrara, Arnold, Guthrie, Fellows NOES: None ABSENT: Costello Minutes: City Council Meeting Tuesday, October 14, 2008 9. PUBLIC HEARINGS Page 4 9.a. Consideration of Adoption of a Resolution Denying an Appeal and Upholding the Parks and Recreation Commission's Approval of Tree Removals. Parks, Recreation, and Facilities Director Perrin presented a brief background of the appeal concerning the application for removal of two eucalyptus trees at 415 E. Branch Street. He noted that a letter had been received from the appellant, Mr. Hayes, stating he could not attend the meeting and requesting a continuance. Staff recommended the Council open the public hearing, and then continue the public hearing to the regular City Council Meeting of November 25, 2008. Mayor Ferrara opened the public hearing. No public comments were received. Action: Mayor Pro Tem Fellows moved to continue the public hearing to the regular City Council Meeting of November 25, 2008. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Arnold, Ferrara NOES: None ABSENT: Costello 9.b. Consideration of Introduction of a Proposed Ordinance Amending Chapter 12.16 of the City of Arroyo Grande Municipal Code Relating to the Community Tree Program. Parks, Recreation, and Facilities Director Perrin presented the staff report and recommended the Council introduce an Ordinance amending portions of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code relating to the Community Tree Program. Staff responded to questions from Council regarding tree height as it relates to restrictions over sidewalks; whether the City has the necessary equipment to trim the trees to the proposed height limit; an estimate of how many tree trimming correction notices would be sent to property owners; and whether a list existed of undesirable trees that would not require a tree removal permit. Mayor Ferrara opened the public hearing, and upon receiving no public comments, he closed the public hearing. Council comments ensued including support for the proposed Ordinance; that the proposed tree branch height regulations comply with the State Fire Code; that the changes to the appeal provisions are appropriate; that the language in the correction notices to property owners requesting tree trimming be softened to prevent over-pruning of trees; and that staff needs to move forward with establishing a list of undesirable trees that would not require a tree removal permit. Action: Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL Minutes: City Council Meeting Tuesday, October 14, 2008 Page 5 CODE RELATING TO THE COMMUNITY TREE PROGRAM'; and to direct staff to review and revise the language in the notice of correction letter sent to property owners. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: Costello 9.c. Consideration of an Ordinance to Amend Chapter 16.04 of the Municipal Code Revising Definitions for Floor Area and Lot Coverage and Chapter 16.08 Relating to the Design Guidelines and Standards for Historic Districts to Modify Floor Area Ratio (FAR), Lot Coverage, Setbacks, Building Height and Covered Parking Provisions and Clarify Design Features for "Spanish Eclectic" Styles Applicable to Residential Development in the Historic Character Design Overlay District D-2.4. Assistant Planner McClish presented the staff report and recommended the Council: 1) Introduce an Ordinance to amend the Development Code -Modify definitions for "lot coverage" and "Floor Area, gross" in the Development Code (Chapter 16.04) applicable citywide and the Design Guidelines and Standards for the Historic Character overlay District D-2 (incorporated by reference in Chapter 16.08); and 2) Adopt a Resolution to amend text and graphics in the Design Guidelines and Standards for the Historic Character Overlay District D-2.4 relating to mass and scale. Staff responded to questions from Council regarding the number of non- conforming homes in the Village; how many homes in the Village would become non- conforming if the proposed standards were approved; clarification concerning the use of outside walls when calculating lot or site coverage; clarification concerning allowed modifications to non- conforming houses; confirmation that covered patios are added in the gross floor area calculations as they add to the mass, bulk, and scale of the house; clarification that minor exceptions are allowed for the use of energy efficient materials; alternative ways to mitigate the mass of vertical walls; clarification regarding design modifications to the Spanish Eclectic style; and clarification that the Planning Commission had not reviewed the additional graphics provided by Mark Vasquez; however, staff supports inclusion of the graphics in the Design Guidelines and Standards for Historic Districts. Mayor Ferrara opened the public hearing. Mark Vasquez, spoke in favor of the proposed Ordinance and changes to the Design Guidelines and Standards. He responded to issues raised about gross floor area calculations and noted the standards should not create a problem for new construction or remodels; noted that the survey that was performed may include anomalies as it relates to non-conforming houses; and commented on setback standards, covered patios, and energy efficient materials as it relates to floor area and lot coverage calculations. Susan Flores, East Branch Street, spoke in favor of the proposed Ordinance and changes to the Design Guidelines and Standards. She noted she had attended a few workshops, and commented that the recent minor remodel on her house still falls within the proposed guidelines and standards. Upon receiving no further public comments, Mayor Ferrara closed the public hearing. Minutes: City Council Meeting Tuesday, October 14, 2008 Page 6 Council Member Guthrie provided the following comments: • Acknowledged that the issue at hand is to review mansionization in the Village; • Noted that there have been many unclear issues and that the proposal is intended to clarify and quantify the kind of building structure that is appropriate for the Village; • Acknowledged the existing Guidelines were good; however, they are more aesthetic- oriented; • Supported using exterior wall in calculation of lot or site coverage; • Noted that if energy efficient construction is desired, would result in a smaller house; • Supported including the garage in the total square footage and floor area ratio calculation, especially if trying to control bulk and scale of homes; • Expressed concern about how covered patios and front porches are defined; • Acknowledged non-conformity issue as a result of the proposed changes; • Supported separating out the issue of the Spanish Eclectic design for more discussion and to better define, or to potentially exclude this style; • Supported staffs recommendations as proposed, and sending the portion concerning Spanish Eclectic design back to the Planning Commission. Council Member Arnold provided the following comments: • Would not be supporting staff's recommendations; • Acknowledged the function of the Architectural Review Committee (ARC), its importance in reviewing plans, and emphasized the need for design professionals on the ARC; • Supports the Spanish Eclectic design; referred to recent approval by the Council of a Spanish Eclectic home in the Village; • Has concern with the new floor area ratio including the proposed items; does not believe floor area ratio and lot coverage should be the same and noted that floor area ratio is now more restrictive than lot coverage. He stated that lot coverage should work with the floor area ratio to control mass and scale. He did not dispute whether the garage should be included, although the floor area ratio should have been adjusted accordingly; • Noted that basements are included in the floor area ratio calculation which does not make sense because it would be a way for people to add square footage without adding to mass and scale and should be encouraged; • Stated there are too many issues that he believes amount to a taking; • Stated that the number of people who attended the workshops are a small percentage of the number of people who would be impacted by the proposal; • Stated that non-conforming homes in the Village would go from 25% to 50% if the proposal is approved, which is unacceptable; • Agreed there are homes that should not have been built in the Village; • Believed that new homes should be reviewed more carefully at the staff, ARC and Planning Commission level. Mayor Pro Tem Fellows provided the following comments: • Acknowledged that there has been good attendance at the workshops and stated that what he has seen over the past one or two years has been a good process; • Acknowledged the work of the Architectural Review Committee and Planning Commission and could support most of what is being proposed; • Appreciated input and volunteer work from Mark Vasquez; • Referred to Alternate 5 regarding Spanish Eclectic style and supported further restricting its Minutes: City Council Meeting Tuesday, October 14, 2008 Page 7 use in the Village; would like to see this issue excised and discussed further; • Does not want to see a high percentage of Spanish Eclectic style homes in the Village; • Supported adding Table 1 and the additional graphics designed by Mark Vasquez into the Design Guidelines and Standards to assist applicants in understanding what is acceptable; • Stated this was an excellent upgrade to the Design Guidelines and Standards; however, it is not good if the conditions of approval are not enforced; • Suggested that the conditions of approval be required to be listed on the plans and then a way must be found to make sure they are implemented and enforced prior to issuance of Certificate of Occupancy; • Believed that covered patios are part of the bulk of the building; • Supported staffs recommendations as proposed, and taking out the Spanish Eclectic style for further discussion. In response to a question by Mayor Ferrara, City Attorney Carmel explained that the proposed Ordinance does not include any of the Spanish Eclectic style wording, and could be introduced. He explained the Resolution, which contained the Spanish Eclectic style wording, could be modified. City Manager Adams suggested another option would be to approve the proposed changes regarding Spanish Eclectic style tonight and then ask the Planning Commission to discuss further changes. He explained that the proposed language is actually more restrictive than what currently exists for Spanish Eclectic style. Mayor Ferrara provided the following comments: • Supported the logic for focusing on exterior walls, which is common in floor area ratio calculations; • Supported the inclusion of garages in floor area ratio calculation; • Referred to the construction of exterior walls and whether or not the recommended changes impact the use of energy efficient materials, noted that the entire purpose of this proposal is to protect the City's Historic Village, and believed that at some point green building technology won't be so reliant on the thickness of a wall as it will be the material that is used; • Believed that some time should be taken to clarify the issue of how to treat the covered or enclosed patio as there as several variations and impacts in bulk and mass that result; • Emphasized that the whole purpose is to create standards that protect the Historic districts; agreed that City staff and advisory body members can make these determinations; however, the biggest challenge is having standards that are not ambiguous; • Supported staff's recommendations as proposed, with the exception of those addressing the Spanish Eclectic style and would like more clarification on the patio issue. Discussion ensued concerning whether to modify the proposed Ordinance and Resolution now or approve the documents as proposed and then direct the Planning Commission to further review the Spanish Eclectic style issues. Further discussion ensued regarding the definition of "roofed structure" and Associate Planner McClish suggested that the proposed language be expanded to exclude eaves, awnings, and trellises. Action: Mayor Pro Tem Fellows moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF ARROYO GRANDE APPROVING DEVELOPMENT CODE AMENDMENT DCA-OS-03 TO AMEND CHAPTER 16.04 OF THE MUNICIPAL CODE Minutes: City Council Meeting Tuesday, October 14, 2008 Page 8 REVISING DEFINITIONS FOR FLOOR AREA AND LOT COVERAGE APPLICABLE CIT'YW/DE AND CHAPTER 16.08 RELATING TO THE DESIGN GUIDELINES AND STANDARDS FOR HISTORIC DISTRICTS TO MODIFY FLOOR AREA RATIO (FAR), LOT COVERAGE, SETBACK, BUILDING HEIGHT AND COVERED PARKING PROVISIONS AND CLARIFY DESIGN FEATURES FOR "SPANISH ECLECTIC" STYLES APPLICABLE TO RESIDENTIAL DEVELOPMENT IN THE HISTORIC CHARACTER DESIGN OVERLAY DISTRICT D-2.4". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Ferrara NOES: Arnold ABSENT: Costello Action: Mayor Pro Tem Fellows moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF ARROYO GRANDE APPROVING DEVELOPMENT CODE AMENDMENT DCA-OS-03 TO AMEND THE DESIGN GUIDELINES AND STANDARDS FOR HISTORIC DISTRICTS TO MODIFY FLOOR AREA RATIO (FAR), LOT COVERAGE, SETBACK, BUILDING HEIGHT AND COVERED PARKING PROVISIONS AND CLARIFY DESIGN FEATURES FOR "SPANISH ECLECTIC" STYLES APPLICABLE TO RESIDENTIAL DEVELOPMENT IN THE HISTORIC CHARACTER DESIGN OVERLAY DISTRICT D-2.4'; as amended to include Alternative 1, Table 1, floor area ratio modifications; to include the graphics in Attachment 3; to add language in Table 1 excluding eaves, awnings, and trellises; and to direct the Planning Commission to further review the Spanish Eclectic style for further modifications. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Ferrara NOES: Arnold ABSENT: Costello 10. CONTINUED BUSINESS ITEMS 10.a. Consideration of Relinquishment Agreement with Caltrans to Assume Ownership and Control of the Portion of Route 227 through the Village. Director of Public Works Spagnolo presented the staff report and recommended Council approve a Relinquishment Agreement with Caltrans to assume ownership and control of the portion of Route 227 passing through the Village. Staff responded to questions from Council concerning the criteria used to determine the eastern limit of the relinquishment area; that the monument sign, landscaped area, and everything to the right of that area near the Grand Avenue freeway entrance is included in the area being relinquished; how the cost to repair and bring the street up to City standards was negotiated with Caltrans; and which provision in the Agreement addresses the Caltrans payment to the City. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Minutes: City Council Meeting Tuesday, October 14, 2008 Page 9 Susan Flores, E. Branch Street, spoke in support of the relinquishment. She noted she had attended many meetings on this issue over the years as she lives on E. Branch Street. She said that Caltrans has not repaired the road since 1998 or 1999; did not want to delay City projects to improve the road; noted that the City would be able to determine the speed limit which would address some deterioration of the road and guarantee pedestrian safety; that the City could pursue enhancements including bike lanes; referred to the Huasna Valley oil project and noted the City would have control over truck traffic through the Village; that this relinquishment has been discussed for a long time and she would like to see it go through. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments included support for the relinquishment agreement; acknowledgment of the risks concerning the payment from Caltrans; and that the benefits of relinquishment outweigh the disadvantages. Action: Council Member Arnold moved to approve a Relinquishment Agreement with Caltrans to assume ownership and control of the portion of Route 227 passing through the Village. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: Costello 11. NEW BUSINESS ITEMS None. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Pro Tem Fellows thanked staff for the report on fuel usage reduction. Mayor Ferrara stated that the City had submitted an application for a Safe Routes to Schools Grant for Ocean View Elementary, and announced that the City was successful in obtaining the grant. He noted the City received one of two grants that were approved in the County. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 9:44 p.m. Minutes: City Council Meeting Tuesday, October 14, 2008 Tony Ferra or ATTEST: ~~ l~ ~ Kelly Wets or i y Clerk (Approved at CC Mtg 0-2 Page 10