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Minutes 1999-09-28 CITY COUNCIL MINUTES TUESDAY, SEPTEMBER 28, 1999 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Honorable Mayor Lady called the regular City Council meeting of the City of Arroyo Grande to order at 7:08 p.m. 2. ROLL CALL City Council: X Council Member Runels X Council Member Tolley X Council Member Dickens X Mayor Pro Tem Ferrara X Mayor Lady S1 AFF PRESENT lLCity Manager .x.. City Attorney .x..Director of Administrative Services .x..Chief of Police _ Director of Building and Fire .x..Director of Community Development .x..Director of Public Works .x..Director of Parks and Recreation lLDirector of Financial Services .x..Consultant Engineer 3. FLAG SALUTE Camp Fire Boys and Girls led the Pledge of Allegiance. 4. INVOCATION Pastor Bob Ainsworth, New Life Community Church of the Nazarene, Pismo Beach, delivered the invocation, 5, SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW City Manager Hunt stated that there was correspondence relating to Agenda Item 10.a., and a letter received relating to Agenda Item 10.b. ~-".- -_.~.._- CITY COUNCIL MINUTES SEPTEMBER 28, 1999 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y Council Member Runels, moved, Council Member Dickens seconded, and the motion pa$sed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. PUBLIC HEARING 7.a. PUBLIC HEARING CONCERNING USE OF STATE 1999-2000 CITIZENS OPTION FOR PUBLIC SAFETY (COPS) FUNDS Chief of Police TerBorch highlighted the staff report, He explained that the City of Arroyo Grande received $35,530 from the State for the COPS program, and the expenditure would also include a carryover of $2,770 in interest and savings from COPS funds received over the last three fiscal years. He reviewed the proposed expenditures of State funds for law enforcement services, and recommended the Council conduct the required public hearing, make any modifications, and approve tl1e total expenditure of $38,300 for the COPS program. Council discussion included questions regarding time limits on spending the authorized funds; if there was an ability to redirect the proposed funds to ;enhance automation capabilities if the project did not move forward within the County; and whether there were warranties on the proposed purchase of eleven hand held radios, Chief TerBorch responded that the funds should be spent this fiscal year; however, if a specific program did not move forward, the funds could be redirected with City Council approval. He also stated that the hand held radios would be covered by warranties. After being assured that the public hearing had been duly published an~ all legal requirements met, Mayor Lady opened the Public Hearing. Hearing no comments, the public hearing was closed. Council Member Tolley moved to' approve the expenditure of $38,300 as authorized by the State for law enforcement services under the Citizens Option for Public Safety (COPS) Program. Council Member Dickens seconded the motion. _Voice Vote LRolI Call Vote A)lLLady A)lLFerrara ~Runels ~Tolley ~Dicken.s There being 5 A YEiS and 0 NOES, the motion is hereby declared to be passed. 2 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 8. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS None. 9.. CONSENT AGENDA Mayor Pro Tern Ferrara moved and Council Member Runels seconded the motion to approve Consent Agenda Items 9.a. through 9,i" with the recommended courses of action. - a. Cash Disbursement Ratification. Approved. b. Statement of Investment Deposits. Approved. c. Minutes of City Council Meeting of September 14, 1999. Approved. d. Rejection of Claim Against City - B, Sampson. Rejected Claim. e. Conflict of Interest Code Review. Resolution No. 3396 Adopted. f. Agreement with Five Cities Youth Basketball. Approved. g, Lease Agreement for 134 S. Mason Street. Approved. h. Authorization to Solicit Bids for Emergency Stand-by Generator. Approved. i. Grand Avenue, Elm Street to Halcyon Road, Project No. 60-70-90-98-6 _ Progress Payment No.2. Approved. _Voice Vote LRolI Call Vote AyiLLady AyiLFerrara An-Runels ~Tolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to b~ passed. CONTINUED BUSINESS 1 O,a. LOPEZ DAM REMEDIATION PROJECT STATUS REPORT Director of Financial Services Snodgrass highlighted the staff report. She introduced the .Project Team of Paavo Ogren from Cannon Associates; Lou Carella from RMC Consultants; and John Bonow from Public Financial Management, who have been working with the Finance Directo'rs from the Zone 3 contracting agencies to develop options for financing the Dam Remediation Project. The City Council was requested to provide direction regarding the placement of a Zone 3 tax measure on the March 2000 ballot. Mr. Carella defined the roles of the Project Team, and gave a project status overview. He explained that the . Finance Committee for the project has been meeting on a monthly basis to determine financing options, impacts of the financing options on all of the communities within Zone 3, and securities for the financing of the project. He stated that direction is being sought on how much of the fiJ1ancing should be secured through water rates, and how much should be 3 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 secured through property tax. He talked a~out the Contract Review Committee that has been formed to modify the existing water supply agreements for the Lopez Dam. Mr. Carella said the project remains on schedule with a completion date of summer 2002.' , Mr, Ogren discussed scheduling issues for the Dam Remediation Project. He referred to a chart that displayed steps completed to date, and remaining steps with actions required by the City Council over the next year. Mr. Bonow addressed financing options such as issuing revenue bonds secured by water sale revenues; participating in a Zone 3 wide tax ballot measure for a portion of the cost; or placing an Arroyo Grande tax ballot measure on the March 2000 ballot independently of the other agencies within Zone 3. There was discussion about the costs for Lopez water versus State water. Mr. Carella explained that the value for Lopez water is from $700 to 800 an acr:e foot, and State water for South County is approximately $1,100 to $1,20.0 an acre foot. / He stated that Lopez water continues to be a good value. Council Member Runels asked if the Finance Committee had explored applying for State grant funds for the project. Mr. Carella responded that the Committee has explored grant options available through the Department of Water Resources and Division of Safety of Dams, and will continue to look at those opportunities. In response to questions from Council, Mr. Ogren explained that with approximately fifty percent (50%) of the cost covered through general obligation bonds, property tax would increase to about three and a half percent (3.5%). There was further discussion on how to finance the project with the least impact on cost per user; whether or not it was the best approach to pursue a county- wide ballot measure; total costs assuming 100% revenue bonds vs. total costs with 50% general obligation security credit; and impacts to water rates should a tax measure not pass. Mayor Lady opened up the discussion for public comment. David Shaw, 295 Canyon Way, stated the Council should work with the County Board of Supervisors to get money from the State for this project. He urged the Council to talk to local State representatives. Hearing no further comments, the Mayor closed the public discussion. Following Council comments on the various funding options, Council Member Runels moved to recommend to the Zone 3 Board that the County Board of Supervisors submit a $10 million bond issue on the March 2000 ballot, with the emphasis that if it fails, the next step would be an increase' in water rates or Lopez charges. Council Member Runels further moved to pursue legislative 4 CITY COUNCIL MINUTES SEPTEMBER 28,1999 alternatives and any State resources available through Division of Dam Safety. Mayor Pro Tem Ferrara seconded the motion; _Voice Vote LRolI Call Vote Ay1! Lady An-Ferrara ~Runels An-Tolley ~Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10.b. DIRECTION REGARDING HIGHWAY 101/BRISCO ROAD LEVEL OF SERVICE POLICY Director of Community Development McCants highlighted the staff report. He stated that Council is requested to provide direction to staff for processing project applications that contribute traffic to the 101/Brisco Interchange or other intersections and/or roadways currently projected to operate at a level of service "D" . Council Member Tolley asked if this item was being discussed because of the discussion of the project on James Way. Director McCants replied that was correct. Council discussion and questions included how to define "short-term" for a project's planned improvements; how many roadways in the City have a level of service lower than "C"; how long it will be before improvements are made to the Highway 101/Brisco Road interchange; and if the $1.5 million in the Transportation Facility Impact Fee account could accomplish any amount of mitigation at the Brisco Interchange without CalTrans. There was further discussion on whether or not General Plan Policy 8.2.1. should be used. as ..a method of implementing General Plan Policy 8.1.b, which requires the payment of traffic impact fees as a mitigation measure to ensure appropriate levels of service are maintained. Consultant Engineer Craig Campbell stated the Project Study Report (PSR) does not address phasing of improvements for the Brisco Interchange and it would be difficult for the City to do the improvements without the approval of CalTrans. He referred to the PSR, which has a timeline of seven years for the project. Director McCants stated that based on the 1998 draft Circulation Element update, the intersection at East and West Branch is at a level of service "Fi', and the intersection at Fair Oaks and Traffic Way is at a level of service "D". Consultant Campbell stated that the current level of service "D" for three roadway segments near,the Brisco Road/Hwy 101 underpass were identified in the PSR. 5 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 Mayor Lady opened up the discussion for public comment, Craig Smith, land use consultant and attorney, 1101 S. Broadway in Santa Maria, stated he assists S&S Homes in their land use planning and project development. He said the funds for infrastructure improvements have to come from some source. He spoke about cumulative impacts, and AB1600 - the dev~lopment fee statute which allows local agencies to a~sess fees. He spoke in favor of assessing fees so developers provide their fair share toward improvements. He quoted Section 15130 (a3) of Office and Planning Research Guidelines for the record as follows: "An EIR may determine that a project's contribution to a significant cumulative impact will be rendered less than cumulatively considerable and thus is not significant. A project's contribution Is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact." He said the City has a traffic mitigation measure fee In place and the funds have. to be spent on those improvements that have been designated. Jack Hardy, 250 Estuary Way in Grover Beach, stated that a lot of effort, time, and money has been spent on projects that could be in peril depending on the Council's decision. He gave a brief history of S&S Construction. He spoke about five acres of property on EI Camino Real that is zoned to allow up to 45 units. He explained that S&S is proposing a project with less density at 26 units, and has been working with the City to obtain approval on the project. John Mack, architect for S&S Homes, stated he had been working with City staff to plan environmentally superior homes, He cited the traffic impacts for their project would result in 10 trips per day per unit resulting in 260 trips per day. He stated it was determined with staff that the traffic impact on the Brisco/101 intersection would be less than one-quarter of one percent. He requested that S&S be allowed to move forward with the project and pay the traffic mitigation measure fees of $538 per unit, He displayed an exhibit of the proposed project and passed out information on 35 projects that have been submitted or approved by the City listing anticipated transportation facility fee .impact revenues. He urged the Council to let the current process move forward, Hearing no further comments, the Mayor closed the public discussion. Mayor Pro Tem Ferrara commented that the Five Cities Center paid a substantial amount of money into the impact fee fund, and the project Is probably most responsible for the condition currently at Brisco with improvements not being complete for five to seven years. He referred to statements in the PSR about the current level of service which is presently well below current City standards. He commented that this situation would further deteriorate with build-out, and it is an expensive long-term mitigation strategy. Mayor Pro Tem Ferrara commented on the Village Glen project. He stated that the original project, according to the City's General Plan and CEQA rules, would 6 -----.---- CITY COUNCIL MINUTES SEPTEMBER 28,1999 contribute to an overall significant degradation of the level of service at Brisco and Halcyon and the project impact. could not be mitigated. He said the project was then resubmitted with reduced density, the addition of an elementary school, and reduced and redirected bus circulation, which are legitimate mitigation measures. Mayor Pro Tem Ferrara stated he would support the spirit of Environmental Action No.3, but not the reasoning that defines the future Brisco mitigation action as short term. "He also supported that General Plan policy 8.1,b. and 8.2.1. work together. He opposed the rationale that having the Brisco project on the City's Facility Impact Fee project list makes it a short term project. Council Member Tolley commented that all development in the City would stop if a policy decision is made that no intersection could fall to a level of service below "C", and would cause the City to lose development impact fees for the purposes of infrastructure improvements. He stated that accepting traffic impact fees is tangible mitigation, and discretion needs to be continued on a case by case basis. He stated that policy 8.1.b., on its own, impacts all projects and p~ojects would not be approved; however, if policy 8.1.b is tied into policy 8.2.1, it gives the Council discretion to consider projects on a case by case basis, and the ability to collect and apply traffic impact fees to help mitigate the traffic circulation issues. Council Member Runels stated he was not in favor of changing the current policy for reviewing .development projects. Council Member Dickens stated that when he reviews projects, he refers to the policy guidelines in the General Plan. He said the issue for him was what is a planned improvement in the short term, and he does not believe that a PSR that is pending is an adequate planned improvement. He commented that if the City continued with proposed development projects and collected fees, the City would still fall short of the funds needed for its priority transportation projects. He suggested that the City has a responsibility to identify what needs to be done and how improvements can be done in a timely fashion. He concurred with Mayor Pro Tern Ferrara that one to two years is short-term to have completed plans, funding methods identified, and construction timelines in place for infrastructure improvements. . He also concurred that policies 8.1.b. and 8.2.1. work together because mitigation fees can be identified and used as a 'condition for the project, Mayor Lady talked about the quality of life in Arroyo Grande and whether or not it has been compromised in the City. He talked about traffic impact fees and how they will affect the City. Mayor Pro Tem Ferrara moved to 1) have the staff report, along with Council's minutes from this meeting, presented to the Traffic Commission and Planning Commission for review, public comment, and recommendations; and that the matter be returned to the Council within 120 days for action, with some new alternatives or restated alternatives; 2) that in the interim period (120 days), that Community Development advise all applicants whose projects contribute to, or 7 CITY COUNCIL MINUTES SEPTEMBER 28,1999 . cause independently, the level of service on any roadway segl11ent or any intersection to fall below LOS "C", and said applicant cannot offer tangible mitigation to offset their own project impacts, that their applications be denied; 3) that in the interim period (120 days), traffic impact fees can be accepted as a tangible mitigation measure if they can be applied directly to an approved mitigation project scheduled to commence within two years of the completion of the applicant's project, and an analysis is conclusive that such a' mitigation project will offset the impacts of the applicant's project; and 4) that this matter be presented as indicated to the Long Range Planning Committee and the Consultant, with direction to monitor and thoroughly define related thresholds and interpretations in the n~w Land Use Element of the General Plan. Council Member Dickens seconded the motion, _Voice Vote LRolI Call Vote &L.Lady A)lLFerrara t<<LRunels ~Tolley A)lLDickens There being 3 A YES and 2 NOES, the motion is hereby declared to be passed. 10.c. GRAND AVENUE/EAST BRANCH STREET (STATE ROUTE 227) CORRIDOR STUDY Director of Pliblic Works Spagnolo highlighted the staff report. He explained the study analyzed the operation of Grand Avenue and East Branch including the movement of vehicles and pedestrians, He reviewed the recommended modifications, which were reviewed by the Traffic Commission and Planning Commission. Council commented that most of the concerns about this corridor have been addressed, Mayor Lady opened the discussion for public comment. Ted Gibbs, 1020 Grand Avenue, thanked staff and the Traffic Commission for listening to the concerns of the businesses on Grand Avenue. Hearing no further comments, the Mayor closed the public discussion. Council Member Runels moved to approve the Grand Avenue/East Branch Street (State Route 227) Corridor Study with the modifications as recommended by the Traffic Commission. Council Member Dickens seconded the motion. 8 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 _Voice Vote LRolI Call Vote ~Lady ~Ferrara ~Runels ~Tolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10.d. REVISIONS TO TRAFFIC COMMISSION DUTIES Director of Public Works Spagnolo highlighted the staff report. He explained that the most significant revision included the establishment of the timing and extent of review of development projects by the Traffic Commission. He stated the Traffic Commission would now serve as an advisory board to the Planning Commission and City Council. Council Member Dickens referred to the advisory role and asked what the Traffic Commission's previous role was. Director Spagnolo explained that the Traffic Commission's primary function was to advise the Director of Public Works on manners related to parking and striping issues only. Mayor Lady opened the discussion for public comment. Hearing no comments, the Mayor closed the public discussion, Council Member Runels moved to introduce by title an Ordinance of the City Council of the City of Arroyo Grande amending Arroyo Grande Municipal Code Section 4-3.21 (d) Regarding the Traffic Commission's Purpose and Scope. Council Member Dickens seconded the motion. _Voice Vote LRolI Call Vote ~ Lady ~Ferrara ~Runels An.Tolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Mayor Pro Tem Ferrara moved to revise the Traffic Commission's duties in the Commissioners' Handbook. Council Member Dickens seconded the motion. 9 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 _Voice Vote LRolI Call Vote AY.!:. Lady ~Ferrara ~Runels ~Tolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11. NEW BUSINESS 11.a. SELECTION OF REGIONAL STATE HIGHWAY ACCOUNT (RSHA) AND TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) FUNDING PROJECTS . Director of Public Works Spagnolo highlighted the staff report. He explained that staff has identified various projects as potential candidates for both funding sources for Council's consideration. Council Member'Runels referred to Project No, 1 - Elm Street, Fair Oaks Avenue to Grand Avenue and asked if there was enough money to extend the project to Farroll Avenue. Director Spagnolo responded that the estimate was high for the project and it would depend on how much overlay is planned for the project. Council Member Dickens asked about the Creekside Walk project phasing and if staff would have enough time to submit the proposal for phase three since phase two of the project is currently out for public review. Director Spagnolo responded there was sufficient time, Mayor Lady opened the discussion for public comment. Hearing no comments, the Mayor closed the public discussion, Council Member Tolley moved to 1) adopt a resolution indicating the Council's interest in securing RSHA and TEA funding for the proposed projects; 2) authorize staff to prepared SLOCOG funding applications for' the candidate projects selected by the Council; and 3) direct staff to forward the funding applications and resolution to SLOCOG for funding consideration~ Council Member Runels seconded the motion, _Voice Vote LRolI Call Vote ~ Lady AnLFerrara AnLRunels ~Tolley AyjLDickens 10 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.b, AUTHORIZATION TO ADD ASSISTANT PLANNER POSITION TO CITY'S PERSONNEL COMPLEMENT Director of Community Development McCants highlighted the staff report. He explained that this authorization would allow the Community Development Department to recruit for both levels of classification so that the position could be filled at the Assistant Planner level if there was no qualified candidates at the Associate Planner level. He clarified that staff was not recommending an additional position be added to the Department. Council comments and questions included the current level of staffing in the Department; contract employees versus regular full-time employees; and if certification was required of Planners, Director McCants explained that there was only one full-time Associate Planner on staff, and the City employed one contract Planner. He explained that there is no certification or licensing required for Planners. Mayor Lady opened the discussion for public comment. Hearing no comments, he closed the public discussion, Mayor Pro Tern Ferrara moved to adopt a resolution establishing the position and salary range for Assistant Planner. Council Member Runels seconded the motion. _Voice Vote LRolI Call Vote ~ Lady AyjLFerrara ~Runels A:iJt.Tolley AyjLDickens 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). The Director is leaving the District after 24 years of service. The Interim Director is Jeff Appleton, who has been with the District for 10 years. (2) Other. 11 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 b. MAYOR PRO TEM TONY M. FERRARA (1) Integrated Waste Management Authority Board (IWMA). The lead issue at last meeting was an update on RALCCO by County Environmental Health. The County has served RALCCO a 30-day notice to clean up its site of dated recycled material. County is also seeking a court order to dig for haz-mat drums at RALCC.O site. Also reported that proposal to realign baseline figure for diversion rate was denied by California Integrated Waste Management Board. CIWMB does support overall regionalization of the percentages. Conducted brief overview of proposed commercial/industrial recycli,ng ordinance to Board. (2) Economic Vitality Corporation (EVC). Discussion included rationale of including an Economic Element as part of the General Plan. (3) Air Pollution Control District (APCD). Discussed MOVER project; reviewed criteria for this grant program, (4) Economic Development Task Force. No report, (5) Other. c, COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Advisory Board. Discussed problems with water line at the Village Centre project; discussed an early warning system with the School District; and conducted tour with attorneys involved in the water rights litigation case, (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. d. COUNCIL MEMBER STEVE TOLLEY (1) Long-Range Planning Committee. Met on September 22nd; final consensus of Committee was to have the consultant prepare a draft Land Use Element and Land Use Map for review by the Committee in six to eight weeks, Further consensus of the Committee to expedite the' process so it can get to the Planning Commission for review before the end of this year. (2) South County Youth Coalition. Still recruiting for an Executive Director; discussed budget issues; and discussed the proposed five Cities Recreational Community Center. (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). No action taken on contract operator for CCA T due to tie vote;. and discussed local sales tax option for transportation. (4) Other. 12 CITY COUNCIL MINUTES SEPTEMBER 28, 1999 e. COUNCIL MEMBER JIM DICKENS (1) South County Area Transit (SCAT). Trolley is operating on weekends only. (2) Economic Development Committee/Chamber of Commerce. No report; this Committee has been dormant for a period of time. (3) Community Recreation Center Subcommittee. Initial publicity conducted with float in Harvest Festival Parade and displays of information in the Council Chamber during the Harvest ~estival event. Received fifty-five responses to survey passed out during the Festival. Will start making presentations to other agencies soon. (4) Other. 13. STAFF COMMUNICATIONS None. 14. ADJOURNMENT Council Member Runels moved, Council Member Dickens seconded, and the motion passed unanimously to adjourn the meeting, Time: 10:38 p.m. ATTEST: th 1 JtudNZ-- RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK 13