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Minutes 2001-06-26 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JUNE 26, 2001 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO. GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Lady called the Regular City Council meeting to order at 7:03 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Lubin, and Mayor Lady were present. Mayor Pro Tern Ferrara was absent. Redevelopment Agency: Board Members Runels, Dickens, Lubin, and Chair Lady were present. Vice-Chair Ferrara was absent. . City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Public Works Spagnolo, Director of Parks, Recreation & Facilities Hernandez; Director of Community Development McCants; Director of Economic Development Sheeley; and Assistant Planner Foster. 3. FLAG SALUTE Members of Boy Scout Troop 489 led the Flag Salute. 4. INVOCATION Reverend Dr. Norman Somes, St. Barnabas Episcopal Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Council Member Dickens 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 Patty Welch, 1151 Pradera Court, referred to the sound wall along a portion of Huasna Road and inquired who was responsible for the care of the plants. She requested additional planting along the wall to further address the noise. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 2 Jim Guthrie, 514 Starlight Lane, spoke regarding the issue of cellular antenna sites and suggested the Council agendize the issue in order to develop guidelines. He further suggested the Council place a moratorium on the consideration of further applications until some guidelines were in place. John Keen, 298 N. Elm Street, echoed Mr. Guthrie's comments and stated the City had reviewed four projects for cellular sites in the last two months, which have been considered on a case by case basis. He agreed that the City should create guidelines. Tim Brown, 125 Allen, commented on Consent Agenda Item 8.i. and expressed his appreciation for the City pursuing a settlement with Envicom. 8. CONSENT AGENDA Council Member Runels asked for clarification regarding Consent Agenda Item 8.g. regarding the relocation of an existing driveway and installation of a new utility pole at the intersection limits of Fair Oaks Avenue and Valley Road. Council Member Lubin moved and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8.L, with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period May 1, 2001 through May 15, 2001. 8.b. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed May 2001 Cash Report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of May 31, 2001. 8.c. Consideration of Agreement with Economic Vitality Corporation of San Luis Obispo County. Action: Approved the Economic Vitality Corporation of San Luis Obispo County Agreement. 8.d. Consideration of Agreement with San Luis Obispo County Visitors and Conference Bureau. Action: Approved the San Luis Obispo County Visitors and Conference Bureau Agreement. 8.e. Approval of Minutes. Action: Approved minutes as submitted for the Special City Council Meeting of June 12, 2001 and Regular City Council/Redevelopment Agency Meeting of June 12,2001. 8.1. Authorization of Payment for Scenic Creekside Walk Through the Historic Village of Arroyo Grande - Phase II, Progress Payment No. 6 and Notice of Completion. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 3 Action: 1) Authorized progress payment in the amount of $2,008.57 to R. Simons Company for work completed on the project; 2) Directed staff to file a Notice of Completion; and 3) Authorized the release of the retention of $23,638.30, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.g. Authorization of Additional Funds for the Fair Oaks AvenueNalley Road Traffic Signal, Project No. PW-2000-7. Recommended Action: Appropriated $25,500 from the Traffic Signalization Fund for the Fair Oaks AvenueNalley Road Traffic Signal project for unanticipated additional work. 8.h. Authorization to Apply for Grant Funds for Per Capita Grant Program of the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. Action: Adopted Resolution authorizing staff to apply for per capita grant funds allocated to the City of Arroyo Grande by the Safe Neighborhood Parks, Clean Water, Clear Air, and Coastal Protection Bond Act of 2000. 8.i. Consideration of Settlement of Claims Against Envicom. Action: Authorized the Mayor to execute a release settling the City's claims against Envicom Corporation relating to work on the General Plan Update. AYES: Lubin, Runels, Dickens, Lady NOES: None ABSENT: Ferrara There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Consideration of Proposed Ordinance to Expand the City's Creek Dedication Requirement to Include Meadow Creek and Its Tributaries. Assistant Planner Foster presented the staff report, stating that the Council had previously directed staff to prepare an amendment to the Development Code to revise portions of the Municipal Code to establish a 25 foot creek dedication requirement from the top of the stream bank for Arroyo Grande Creek and it tributaries and Meadow Creek and its tributaries. Mayor Lady opened the public hearing. Bob Brownson, Arroyo Grande resident, spoke in support of the proposed ordinance to include Meadow Creek and its tributaries. Malcolm McEwen, Watershed Coordinator, Coastal San Luis Resource Conservation District, spoke in support of the proposed ordinance and strongly recommended the CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 4 Council adopt the amendment to expand the City's creek dedication requirement for all creeks in Arroyo Grande. He submitted a letter for the record on behalf of the Board of Directors of the Coastal San Luis Resource Conservation District in support of the proposed Ordinance, and responded to questions from Council regarding the benefits of increasing the creek setbacks. Council Member Lubin asked for clarification about the issue of reduced sediment loads. Mr. Ewen responded that in an upstream situation if there were excessive sediment loads and no filtering vegetation to prevent it from reaching the creek, it would settle in the creek channel. He explained that all types of vegetation would help to stabilize the banks and prevent sediment from entering the creeks. Council Member Runels referred to the large portion of sediment going down to the Equestrian Way crossing that comes from outside the City limits. He stated in the past, there was a tremendous amount of erosion that washed out part of the County road, flooding the culvert at Equestrian Way. He said there had been a problem getting permits to clean it out. He spoke about maintenance issues and generally spoke in opposition to the proposed ordinance. Hearing no further public comments, Mayor Lady closed the public hearing. Council Member Dickens moved to introduce for first reading an Ordinance amending Title 9, Chapter 14 of the Municipal Code to expand the City's creek dedication requirement for new discretionary projects to include the area 25 feet from the top of the stream bank for Arroyo Grande Creek and its tributaries and Meadow Creek and its tributaries. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Lady NOES: Runels ABSENT: Ferrara There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of Conditional Use Permit Case No. 00-021; Installation of Cellular Communication Antennas on the Trader Joe's Building located at 937 Rancho Parkway in the Five Cities Center. Assistant Planner Foster presented the staff report. Staff recommended the Council adopt a Resolution approving the installation of cellular communication antennas, flush mounted on the existing Trader Joe's building located at 937 Rancho Parkway. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 5 Council Member Dickens asked for cJarification on the mitigation measure that requires the applicant to perform a radio frequency study to determine possible conflicts with the City's communication system. Director McCants responded that the study would have to determine there would be no interference with public safety equipment, such as police, fire, and ambulance radios. Mayor Lady opened the public hearing. Trey Sklar, JM Consulting, representing the applicant, Alpine PCS, gave a brief history of the company, which is headquartered in San Luis Obispo County and operates in San Luis Obispo, Santa Barbara, and Monterey counties. He reviewed the location and displayed the proposed equipment and cabinet material. Mr. Sklar answered questions from Council regarding frequency ranges and interference. Council Member Lubin inquired why other companies like Nextel were using seventy foot poles if this technology was available. Mr. Sklar responded that there were sites where Alpine would place a pole, depending on what the coverage requirements were. He stated the equipment requirements vary from site to site. Jim Guthrie, 514 Starlight, stated the Planning Commission had discussed achieving the same coverage with multiple sites. He recalled that this coverage also incJudes a tower to be located in Oceano in order to obtain equal coverage. He asked what the height of that tower would be. Mr. Sklar responded that tower would be eighty (80) feet located behind trees on S. 4th Street in an Industrial area. He stated equipment that provided the best coverage was used. In response to the previous public comments for establishing uniform cell site guidelines, Council Member Dickens asked what the City could expect in the next three to five years with regard to this technology. Mr. Sklar responded that as technology advances, the trend is toward identifying smaller sites and the use of fewer towers. Patty Welch, 1151 Pradera Court, commented that the Council should look at precedence if the City was going to allow this. She stated she would not want to see fifteen of these proposed boxes on the Trader Joe's building. Kurtis Fernandez, 1619 Manhattan, Grover Beach, stated there were a lot of structures already in the City to accommodate this technology. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 6 Hearing no further public comments, Mayor Lady closed the public hearing. Council Member Lubin expressed his support for the project as designed. He agreed with the need to create guidelines but supported continuing to review projects on a case-by-case basis until they were adopted. Council Member Runels supported the project. Council Member Dickens supported the project; however, reiterated his concerns regarding the establishment of uniform cell site guidelines within the City. He stated he spoke with the City Manager and Economic Development Director about having a consultant give the Council some professional feedback on this industry and the possible impacts to the City. He stated this was a growing industry and was in favor of providing good service coverage; however, he did not want towers to become a visual blight. He applauded the applicant for addressing this issue in their proposal. Mayor Lady supported the proposal and there was Council consensus to informally direct staff to establish draft guidelines for the Council's review at a future date. Council Member Lubin moved to approve Conditional Use Permit Case No. 00-021 to place a wireless antenna facility on the Trader Joe's building in the Five Cities Center and adopt a Resolution adopting a mitigated negative declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit No. 00-021, located at 937 Rancho Parkway, Applied for by Alpine PCS. Council Member Runels seconded the motion, and on the following roll- call vote, to wit: AYES: Lubin, Runels, Dickens, Lady NOES: None ABSENT: Ferrara There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS: Council Member Dickens declared a conflict of interest in regard to discussion item #1 in the staff report, reserved his right to speak before the Council on the issue as a member of the public, and stepped down from the dais. 10.a. Consideration of General Plan Update Follow-up Issues. Rob Strong, General Plan Update and EIR Consultant presented the staff report and explained that it had been determined that there was a map area that had not been identified in the Land Use Study Areas that was previously reviewed by the Long Range Planning Committee and City Council. First, he reviewed the area located along East CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 7 Myrtle and East Cherry Avenues currently classified as Rural Residential and stated three property owners had requested reclassification to a Single Family Residential (SFR) designation. He stated that SFR designation has five different density categories in the proposed General Plan ranging from Very-Low Density to Medium Density. He explained that alternatives were addressed in the draft Environmental Impact Report ranging from the Low Density through the Low Moderate and Medium Density which could be applied to this 21-acre area. He stated that Council action was not necessary on this issue tonight and that it wouJd be identified as one of the areas of discussion at the Planning Commission hearings in July. Council Member Runels stated there had been an ongoing drainage problem in this area and it was his opinion that to do something now in the General Plan Update would be advantageous to the City so that the drainage problem could be resolved. He stated that if the zoning were changed to maximize the use of the land, it would be of benefit to all the residents in the neighborhood. Mayor Lady opened up the item for public comment. Tim Brown, 125 Allen, asked for clarification that there had been no change in the draft Land Use Element Map. Consultant Strong clarified that the Map, the Draft EIR, and the General Plan policy documents had been distributed and there had been no changes. He clarified that alternatives had been addressed in the Draft EIR. J Johnson, 1208 Huasna Road, spoke on behalf of Grace Stilwell, who owns property adjacent to Noguera Place. He stated she would like to have similar zoning as Noguera Place with Medium Density SFR. Mr. Vandeveer, 756 Myrtle, stated three years ago he had filed an application for a change to R-1 Single Family Residential zoning and he had not heard anything about it since. He stated it was currently being used as R-1 and he would like to see it formally changed to R-1. Reuel Estes, 811 E. Cherry, agreed with Mr. Vandeveer's comments and stated he would like to see better use of the land. Mike Titus, 404 Lierly, stated he was concerned that other neighbors that could be impacted by any possible decision were not notified, although he realized the Council was not making final decisions. He stated that he had spoken to the Council in the past on a number of issues; however, this issue was closer to home. He stated he lived in the affected property and read into the record comments from a letter he had submitted to Consultant Strong when the first map came out regarding the Newsom subdivision. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 8 Larry Turner, 323 Noguera, read a letter into the record regarding the drainage issue affecting the Noguera - Myrtle Street area, opposing any plan that called for an open ditch to be constructed in the easement to solve the drainage problems in the area. Mr. Turner requested that no action be taken until there is an accepted drainage solution that satisfies the 100-year storm requirement. City Manager Adams clarified the status of resolving the drainage issue and highlighted efforts that have been made regarding a design proposal that may resolve a large portion of the drainage problem. He stated staff had met with Mr. Turner and neighbors to receive feedback, is addressing their concerns and is exploring options. Tim Brown, 125 Allen, stated that the City has had the ability to resolve this issue whether or not the property is upzoned or not. He asked for an explanation of the Council's position on how a change in zoning is going to help resolve the drainage problem. Mayor Lady responded that the largest issue was the financial resources needed to construct the best project. Jim Dickens, 769 Branch Mill Road, representing the Dixson Ranch Agriculture Preserve, recommended maintaining the 21 acresc along E. Myrtle and E. Cherry Avenues as low-density single family residential. He stated only two of the twelve property owners have requested a zoning upgrade; and the road infrastructure is inadequate to accommodate the increased residential density. He stated to put in proper road infrastructure would significantly impact the agricultural operations. Mr. Dickens stated the Ranch is moving forward with an agricultural preserve and it is their intent to maintain the property in agriculture in perpetuity. He said increased residential density within the area would further encroach upon their long-term agricultural viability of the property. He spoke on the impact to water resources, and that the solving of the Newsom Springs drainage issue has no bearing on the zoning issue. He commented that Public Works has a project that would be brought to the Council within the year. Ed Harrison, property owner, expressed his concerns that he was not notified of this item of discussion and had no information of what was being proposed. Mr. Vandeveer, 756 Myrtle, responded to Mr. Dickens' comments and stated that Mr. Dickens had written to the property owners requesting 100 feet of their property to protect the agriculture. Hearing no further comments, Mayor Lady closed the public comment period. Following Council discussion and comments, there was Council consensus to identify this item regarding the E. Myrtle and E. Cherry properties as a discussion item at the Planning Commission hearings on the General Plan Update. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 9 Consultant Strong then reviewed item #2, stating that additionaJ Sphere of Influence (SOl) expansion alternatives may be appropriate for General Plan Update discussion, related to Land Use Study Area #8, FredericklALC and Williams Properties southeast of the City Limits. Mayor Lady opened the item for public comment and hearing none, brought the issue back to the Council for discussion. Council and staff discussion ensued regarding the parcels and which portions are currently included within the City's Sphere of Influence; the potential for greenbelt acquisition; protecting the City's boundaries; issues with the potential incorporation of Nipomo; issues related to the Laetitia Winery; and what the benefits would be of including the parcels with the City's Sphere of Influence. Council Members Lubin, Runels, and Mayor Lady supported the inclusion of this area within the City's Sphere of Influence. 11. NEW BUSINESS: 11.a. Discussion Regarding Potential Tourism Business Improvement District. [COUNCIURDA] Economic Development Director Sheeley presented the staff report and recommended the Council/RDA provide direction to staff regarding the establishment of a Tourism Business Improvement District. Council/Board Member Runels asked if staff had any discussion regarding the issue with any of the City's hotel owners or operators. Director Sheeley responded no; however she had talked to Jonni Biaggini, Executive Director of the San Luis Obispo County Visitors and Conference Bureau. She indicated that Ms. Biaggini's expressed concern over the establishment of such a District due to the recent increase in the City's Transient Occupancy Tax, the increase in energy costs that the hotel operators are facing, and that the timing was not the best for establishing such a District. Mayor/Chair Lady opened up the item for public comment. Tim Brown, 125 Allen, asked what the revenue would be used for. He stated that the hotel owners should know ahead of time how it would benefit them. He stated he saw this as an increase in the bed tax. Jim Guthrie, 514 Starlight, stated that the original Transient Occupancy Tax was implemented to create and maintain convention centers and the tourism industry. He said this proposal would be tough for Arroyo Grande, as it was not a true destination CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 10 City. He stated the Visitors and Conference Bureau does a good job of promoting tourism. Council/Board Members Lubin and Runels did not support the proposal. Council/Board Member Dickens suggested making phone calls to the two largest hoteJs in the City to see if the owners/operators were interested in the proposal and that there was no need to come back to the Council unless there was a positive response. Mayor/Chair Lady did not support the proposal; however, the Council/Board agreed by consensus to direct staff to contact the two largest hotel/motels in the City to determine if there was any interest in pursuing a tourism business improvement district. If there were no interest expressed, the proposal would be dropped. 11.b. Consideration of Policy Modification for Development Impact Fees for Projects Approved Prior to Adoption of New Impact Fees. City Manager Adams presented the staff report and recommended the Council leave intact the existing policy of assessing development impact fees based upon the fees in effect at the time of building permit issuance. Mayor Lady opened the item for public comment, and hearing none, brought the item back to the Council for consideration. There was unanimous consensus of the Council to leave intact the existing policy of assessing development impact fees based upon the fees in effect at the time of building permit issuance. 12. CITY COUNCIL REPORTS a. MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District (SSLOCSD). Approved FY 2001-02 Annual Budget; Reviewed the County Airport Lease; Reviewed personnel issues; Reported the District $9 million in reserves; District is investigating ideas for future expansion. (2) Other. None. b. MAYOR PRO TEM TONY M. FERRARA Mayor Lady acknowledged a written memorandum submitted by Mayor Pro T em which gave the following reports: (1) Integrated Waste Management Authority Board (IWMA). Summer executive meetings, as well as the July Board meeting, have been canceled; Will be following-up with the multi-family recycling issue with Bill Worrell. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 11 (2) Air Pollution Control District (APCD). Bob Carr, APCD Control Officer for SLO County, is retiring. Will be working with County Supervisor Katcho Achadjian to find a replacement. (3) Long Range Planning Committee (LRPC). No report. (4) Other. Attended the League of Cities Channel Counties meeting in Santa Barbara; Attended the SLO County Mayor's lunch on behalf of Mayor Lady; Both meetings held discussion on the League's proposed Grass Roots program. c. COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Advisory Board. No report. The Zone 3 Technical Committee met and conducted an audit at the Water Treatment Plant. The County is looking at ways to upgrade. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. The Lopez Dam remediation project is on schedule. d. COUNCIL MEMBER JIM DICKENS (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). Reported on potential funding for streetscape projects. (2) Community Recreation Center Subcommittee. Meets tomorrow; continuing to work with Cal Poly on the project. (3) Economic Opportunity Commission (EOC). Reported that EOC is building its own site in San Luis Obispo which will be part of the Albertson's shopping center. (4) South County Youth Coalition. No report. (5) Other. None. e. COUNCIL MEMBER SANDY LUBIN (1) South County Area Transit (SCAT). Reported that the transition station had been moved from Ramona Avenue to the Train Station and that the City of Grover Beach has issued a letter to SCAT requesting that the transition station be removed from their City within six months. Also reported that there have been issues with the contractor regarding the routes. The Board approved a free shuttle program running from the end of Grand Avenue to Lopez Lake during the summer months. (2) Economic Vitality Corporation. The Executive Director has resigned; Interim Director is Ray Johnson from Atascadero; Meeting with City Managers and City Council representatives on Thursday; Has been appointed to the Strategic Planning. Committee; By-laws changed and approved with potential need for further revisions; and the EVC has a new web site. (3) Other. None. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUNE 26, 2001 PAGE 12 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER ITEMS City Manager Adams. reported that the San Luis Obispo Council of Governments (SLOCOG) would be making a presentation on the Regional Transportation Plan and Regional Housing Needs Allocation Process at the July 10th City Council meeting. 15. COUNCIL COMMUNICATIONS None. 16. STAFF COMMUNICATIONS None. 17. ADJOURNMENT Mayor Lady adjourned the meeting at 10:00 p.m. ~--- -------. ATTEST: I il) JAUtJ/L~ re, Director of Administrative Services/ Deputy City Clerk