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Minutes 2000-09-12 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 12, 2000 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:20 p.m. 2. ROLL CALL City Council: Redevelopment Agency: X Mayor Lady X Chair Lady X Mayor Pro Tem Ferrara X Vice Chair Ferrara X Council Member Runels X Board Member Runels X Council Member Tolley X Board Member Tolley X Council Member Dickens X Board Member Dickens Staff Present: X-City Manager X-Chief of Police X-City Attorney X-Director of Administrative Services _Director of Building and Fire X-Director of Community Development X-Director of Economic Development X-Director of Public Works _Director of Parks, Recreation, and Facilities X-Director of Financial Services 3. FLAG SALUTE The Arroyo Grande Lions Club led the flag salute. 4. INVOCATION Pastor Vince Llamas, New Life Community Church, Pismo Beach, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. PROCLAMATION - "NA TIONAL POLLUTION PREVENTION WEEK" Tim Fuhs, representing the San Luis Obispo County Air Pollution Control District, accepted the Proclamation. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 5.b. Mayor Lady introduced Steven Adams as the new City Manager. He called a break at 7:35 p.m. to hold a brief reception to welcome Mr. Adams to the City. The Council/RDA reconvened at 7:45 p,m, 6. AGENDA REVIEW 6.a. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Runels moved, Mayor Pro Tern Ferrara seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. PUBLIC HEARINGS: 7.a. APPEAL OF PLANNING COMMISSION'S DECISION TO DENY TE~T A TIVE TRACT MAP 2265 AMENDMENT 00-001 REGARDING THE UNDERGROUNDING OF PUBLIC UTILITIES: VILLAGE GLEN Council Member Tolley declared a conflict of interest as a result of real property owned near the project and stepped down from the dais. Community Development Director McCants highlighted the staff report and stated that staff recommended the City Council adopt a resolution upholding the decision of the Planning Commission of July 18, 2000 to deny Tentative Tract map 2265 Amendment 00-001. Mayor Lady opened the Public Hearing. Gary Young, 2850 Mesa Alta Lane, project applicant, displayed an overhead showing the utility poles near Lot 15 of Tract 2265 for reference purposes. He referred to power poles 1, 2, 3, and 4 on the picture and stated the poles were not on their property. He stated that pole 4 was located about 12-13 feet away from their property serving eight homes. He explained that pole 4 was not in question as it was located outside of the project boundary, Mr. Young stated that it was pole 3 that they have been requested to take down because it lies within 6 feet of the project boundaries. He referred to the conditions in Development Code Section 9-15.050 requiring above ground utilities to be placed underground and read them into the record. He said subsection A.4. requires unclergrounding of utilities located along or within six feet of the rear or side lot lines of the property to be developed. He said he thought the intent of the provision was that If there were a pole on your property within six feet of the boundary, you would be required to underground it. He said he was being requested to underground pole 3, which was not on his property, and he would have to secure easements from other property owners to go onto their property. He concluded by stating that it would be a burden to require underground placement of the poles on the other properties. 2 .....__......_.______n__ --~-----_.,-_.__._~-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 Joseph Sullivan, a resident near the proposed project, asked if the contractor had the right to change the topography of the earth to suit the builder. He explained that there was a portion of land on James Way that had been raised significantly, blocking the views of the mountains from the homes across the street. Director Spagnolo responded that the developer was allowed to change the topography of the existing ground in accordance with the grading ordinance. Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Member Dickens asked staff about the interpretation of Development Code Section 9-15.050, Director McCants replied that staff's interpretation was that anyone of the four conditions required that the utilities be placed underground and that is how the ordinance has consistently been applied. Council Member Dickens referred to written communication received by Mr. Shaw from 295 Canyon Way and asked if he would be involved in any potential easements that need to be granted. Director Spagnolo replied he would not. After clarifying the language in the Development Code, Mayor Pro Tem Ferrara stated that past practice and application of the Code indicates that if any of the circumstances exist then utilities will be placed underground. Following further Council discussion regarding the requirements and interpretation of the Development Code with respect to placing utilities underground, there was consensus of the Council to uphold the decision of the Planning Commission. Mayor Pro Tem Ferrara moved to adopt a Resolution upholding the decision of the Planning Commission to deny Tentative Tract Map 2265 Amendment 00-001 and read the title of the Resolution. Council Member Dickens seconded the motion. - Voice Vote LRolI Call Vote Aye Lady Aye Ferrara Ave Runels Absent Tolley Ave Dickens 3 -_.'-'.,-~--_..- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Tolley returned to the dais. 8. CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS Richard Venable, 849 Mesa Drive, referred to the City Council's role as the Redevelopment Agency and distributed an article published by The Tribune on Saturday, September 9, 2000 entitled "Cities cry 'blight' as excuse to redevelop". He encouraged the Council to read the article. 9. CONSENT AGENDA Council Member Dickens requested that Item 9.f. and Item 9.i. be pulled for discussion. Council Member Tolley announced that he had a conflict of interest on Agenda Item 9.i. and would 110t vote on the item. 9.f. Adoption of an Ordinance of the City of Arroyo Grande Amending in its Entiretv Chapter 13. Title 5. of the Arroyo Grande MuniciDal Code Regardina a Juvenile Nighttime Curfew. Council Member Dickens referred to the Supplemental Report regarding Item 9.f. and stated that a request had been made from an individual who wanted to make public comments regarding the proposed ordinance. Mayor Lady opened up the discussion for public comments. Gail Lightfoot, 849 Mesa Drive, spoke about the Juvenile Nighttime Curfew Ordinance. She stated this was an important issue to her, politically as a Libertarian and as a candidate for U.S. Senate. She said that the Senate has a lot of bills that relate to juveniles and there was a movement in this country to isolate juveniles for special treatment for their protection. She stated although there was good will intended, it selects juveniles out by age which was not allowed with any other age. She said that in this community she did not think it was a problem. She said that any curfew at any time violates the First and Fourth Amendments. She said this was a very important issue, which needed to be used very judiciously and in a positive way. 9.i. ApDroval of ODen Space Aareement for Tract 2265. Council Member Dickens stated that in response to discussion with staff, a Supplem.,ntal Report had been distributed which modifies paragraph 2(a) of the Open Space Agreement for Tract 2265. The proposed modification authorizes agricultural uses which are consistent with the nature and purpose of the Agreement, such as orchards, vineyards, and non-commercial grazing of cattle, horses and sheep, subject to compliance with the Development Code. 4 .----- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 Mayor Pro TemNice Chair Ferrara moved to approve Consent Agenda Items 9.a. through 9.k., with the exception of Item 9.i., with the recommended courses of action. Council/Board Member Runels seconded the motion. City Attorney Carmel read the titles of Ordinance No. 517 C.S, and Ordinance No. 518 C.S. a. Cash Disbursement Ratification. Approved. b. Statement of Investment Deposits. Approved. c. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Approved. d. Minutes of City Council/Redevelopment Agency Meeting of August 22, 2000. Approved. e. Adoption of an Ordinance of the City Council of the City of Arroyo Grande Adding Chapter 16, Title 5 of the Arroyo Grande Municipal Code Entitled "Regulation of the Sale and Distribution of Tobacco Products". Adopted Ordinance No. 517 C.S. f. Adoption of an Ordinance of the City of Arroyo Grande Amending in its Entirety Chapter 13, Title 5, of the Arroyo Grande Municipal Code Regarding a Juvenile Nighttime Curfew. Adopted Ordinance No. 518 C.S. g. . Economic Vitality Corporation of San Luis Obispo County Agreement. Approved. h. Authorization to Close City Streets and Use City Property for the 63rd Annual Arroyo Grande Valley Harvest Festival, September 29-30, 2000. Adopted Resolution No. 3477. j. Approval of Open Space Agreement for Tract 2207. Approved. k. Authorization to File a Notice of Completion, Approve Progress Payment No.1, Notice of Completion and Authorize Release of Retention for Fire Station Re-roof Project. Approved. Voice Vote LRolI Call Vote City Council RedeveloDment Agency Aye Lady Ave Lady Aye Ferrara Ave Ferrara Aye Runels Aye Runels Ave Tolley Ave Tolley Aye Dickens Aye Dickens There being 5 A YES, and 0 NOES, the motion is hereby declared to be passed. Council Member Dickens moved to approve Consent Agenda Item 9.i. as amended, with the recommended course of action. Council Member Runels seconded the motion. Voice Vote LRolI Call Vote 5 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 City Council Ave Lady Ave Ferrara Ave Runels Absent Tolley Ave Dickens There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS . None. 11. NEW BUSINESS 11.a. RODEO DRIVE: REQUEST FOR SPEED HUMPS Staff recommended the Council review the Traffic Commission's recommendation to approve the residents' request to install eight (8) modified speed humps at various locations between Grace Lane and Mercedes Lane as a traffic calming measure to address an increase in speed and volume of vehicles on Rodeo Drive. He explained that the Traffic Commission reviewed the request and has recommended the City Council approve the request. Mayor Pro Tem Ferrara asked about the funding issue and what commitments have been made to next year's Capital Improvement Program (CIP). Director Spagnolo responded that there are no firm commitments at this time for next year's CIP. He said there are projects that are in the CIP that are to be funded in future years. Mayor Lady opened the Public Hearing. Larry Greene, 393 Rodeo Drive, spoke in favor of the request for installation of speed humps on Rodeo Drive. He explained that the project was a result of actions taken by the Council in November 1999 when the Village Glen project consisting of forty homes and an elementary school was approved. He said the Council voted unanimously to direct staff to work with the residents along Rodeo Drive to develop a proposal and funding strategy to mitigate the significant negative traffic impacts resulting from the development of Village Glen. He requested that members of the audience in support of the plan stand to demonstrate support of the plan. He gave a review of the traffic and speed problems on Rodeo Drive as highlighted in a letter submitted by Rodeo Drive residents included as Attachment 2 in the staff report. Ron Dodgen, 182 Rodeo Drive, spoke in favor of the project. He addressed the process the residents of Royal Oaks have undertaken to resolve the traffic 6 . ---------.----,---.-" -...- -......--....-..-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 problems. He said there were 300-350 hours of meetings with staff involvement to prepare a plan and get conceptual approval from the Traffic Commission. Once conceptual approval was received, there was a series of neighborhood meetings with 88% approval of the plan. He noted for the record that three (3) Individuals on the street originally in favor of the plan have since changed their position. He spoke about the traffic mitigation goals and reviewed various options discussed such as Botts dots, speed bumps, police enforcement, signage, i-way, cul-de-sac, Grace Lane extension, and modified speed humps. He explained that previous botts dots installed on the street have had no effect to mitigate traffic on the street. He described the proposed plan of modified speed humps with landscaped bulb-outs in the street, addressed budgetary concerns, and displayed a map showing the proposed location of the speed humps and landscape planters. He concluded by addressing the concerns about .traffic speed, volume, and safety and requested the Council approve the proposed plan. Maggie Summers, 1470 Newport Avenue, submitted a letter for the record signed by eleven Newport Avenue residents stating that they are very happy with the speed humps on their street and that over the past year traffic has calmed and overall speed has been reduced, Leslie Brown, 400 Rodeo Drive, spoke in favor of the proposed plan. Kay Bucalski, 443 Rodeo Drive, spoke In favor of the proposed plan. Dick Franks, 879 Fair Oaks Avenue, stated he had served 14 years on the Traffic Commission and has observed traffic on many occasions. He expressed his opinion that speed humps do not work and will not provide the results that residents want. He stated that initially, speed humps can be effective, but cautioned the Council to look at the speeds after one year. Robin Greene, 393 Rodeo Drive, spoke in favor of the proposed plan and submitted letters from Don Septnitz, David and Sharon Naccaratl - 173 Rodeo Drive, Susan Stern - 664 Via Vaquero, and Donna Sommer - 177 Avenida de Diamante, supporting the proposed plan. Wendell Schultz, 433 Emerald Bay Drive, stated he could support the modified speed humps; however, he thought the planter boxes are a safety hazard and very costly. He encouraged the Council to support the speed humps but cautioned about the landscaped bulb-outs. Mike Fleming, 1407 Noyes Road, spoke in favor of the proposed plan. Lavonia Dodgen, 182 Rodeo Drive, spoke in favor of the proposed plan. Isabel Tellez, 415 Rodeo Drive, spoke In favor of the proposed plan. Beverly Cosper, Rodeo Drive, spoke in favor of the proposed plan. 7 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 Judith Hughes, 239 Rodeo Drive, addressed the comments about the speed humps without the bulb-outs. She stated the purpose was to get people to travel toward the middle of the street. She commented that the bulb-outs were an essential part of the plan. Andrea Portney, 425 Emerald Bay Drive, spoke in favor of the proposed plan. Larry Greene addressed comments regarding the plan without the bulb-outs. He stated the installation of the entire plan was necessary to ensure success of the plan. Council Member Dickens asked Mr. Greene if there had been a selection of trees yet and whether the irrigation was considered in the potential funding strategy. Mr. Gree"e replied that the City has a palette of approved street trees and that all costs are estimates. Rick Tellez, 415 Rodeo Drive, spoke in favor of the proposed plan. Carl Alfono, representing J.H. Land Development, spoke about proposed Tract 2236, which includes an extension of Grace Lane. He said he would be happy to meet with residents regarding the extension of Grace Lane. Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Member Tolley commented that he had voted against the speed humps on Newport Avenue; however, the Council had taken responsibility about traffic mitigation when it approved the Village Glen project. He stated he could support the project in next year's CIP Budget. Council Member Runels asked Chief TerBorch where the majority of traffic violators in this area were from. Chief TerBorch replied that on an average weekday, about 70% of those receiving traffic citations reside in the immediate area. There was further discussion regarding stop signs as a traffic mitigation measure; whether there was existing safety data on bulb-outs; the potential for traffic volume reduction as a result of a future extension of Grace Lane; and the cost effectiveness of the proposed plan. The Council concurred that the proposed plan would result in a significant remedy of the existing traffic problems, commended the residents for their efforts; and indicated that the project should be included in the FY 2000-01 Capital Improvement Project Budget. 8 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12,2000 Mayor Pro Tem Ferrara moved to accept the Traffic Commission's recommendation to approve the residents' request to install eight (8) modified speed humps on Rodeo Drive, Council Member Dickens seconded the motion. Council Member Tolley asked for clarification in the motion on when the project would be funded. Mayor Pro Tem Ferrara amended the motion to accept the Traffic Commission's recommendation to approve the residents' request to install eight (8) modified speed humps on Rodeo Drive and that funding for the project be assigned to the Fiscal Year 2000-01 Capital Improvement Project Budget. Council Member Dickens seconded the motion. - Voice Vote LRolI Call Vote Ave Lady Aye Ferrara Ave Runels Ave Tolley Ave Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.b. CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND HIGGINS ASSOCIATES FOR THE CIRCULATION ELEMENT UPDATE AND TRAFFIC MODEL Community Development Director McCants highlighted the staff report. Staff recommended that the Council approve an agreement in the amount of $51,850 with Higgins Associates. Council Member Dickens referred to the previous scope of work approved by Council in October 1997, and asked if the scope of work had been changed and whether there would be cost savings with the new agreement. Director McCants stated that the scope of work is essentially the same; however, he did not think there would be savings in the overall cost of the project due to time delays and the change of consultants that has occurred. He explained that the cost difference between the two proposals was that some of the work that the prior consultant completed would be used by Higgins Associates. Council Member Dickens asked if the current scope of work for the General Plan Update is still $308,256. Director McCants responded that an analysis had not been completed to determine precisely what the costs would end up being; however, it was anticipated that the costs would exceed $308,000, 9 . -- ----.._~-_._-,_..,_._._-_..,....._.. .._--~ CITY COUNCIUREDEVElOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 Council Member Dickens stated for the record that he had a problem with that and that the scope of work needs to be kept within that contract. Council Member Runels referred to Exhibit A, Section B. - Available Information and asked for clarification that traffic circulation issues have been studied on twelve different occasions. Director McCants stated that the Circulation Element is a requirement to develop a viable land Use Element. He explained that the development of a Circulation Element is a highly technical engineering function. He said much of the data that has been developed would be used in this effort. Mayor Pro Tem Ferrara commented that he would like to see the level of Service Policy incorporated into the Circulation Element, He also referred to the Brisco interchange and clarified that Higgins Associates prepared the traffic study on Brisco for Dokken Engineering. He spoke of the results of the traffic study and the creation of the lOS Policy. He suggested that when Higgins Associates approaches the Brisco issue in the Circulation Element, to use the information from the original evaluation. Mayor Pro Tem Ferrara referred to page 11, and asked for interpretation of Task 3A regarding Growth Impacts and Mitigations, He asked if it was the intent to develop four or five potential land use alternatives and to stl,ldyeach alternative in terms of traffic impacts. He commented that the best approach would be to reach a position on land use and then conduct the traffic analysis and model. Director McCants explained that the California Environmental Quality Act (CEQA) process requires consideration of at least three land use alternatives with the associated traffic analyses. Mayor lady opened up the discussion for public comment, and hearing none, brought the issue back to the Council for consideration. Council Member Tolley stated that costs are a concern; however, the City needs to move forward on this process. Council Member Runels spoke in favor of moving forward with the process and approving the agreement. Council Member Dickens referred to the 1997 Consultant Services Agreement and asked for a follow-up on the status of the provisions in the Agreement. City Attorney Carmel said that the consultant is still bound by the Agreement, but the consultant has raised issues regarding modifications to the scope of work. 10 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 City Manager Adams acknowledged the priorities of the Council regarding the General Plan Update and stated it was his intent to return to the Council with a full status report and recommendations as soon as possible. Mayor Pro Tern Ferrara clarified that the proposed Consultant Services Agreement was between the City and Higgins Associates and that Envlcom was no longer directly involved in terms of the preparation of the Circulation Element. Director McCants replied that was correct. Mayor Pro Tern Ferrara suggested that the City coordinate efforts with Higgins Associates to start work on issues not associated with land use. Council Member Runels moved to approve an agreement in the amount of $51,850 with Higgins Associates, Mayor Pro Tern Ferrara requested that the motion include that the City monitor the scope of work; that Higgins Associates rely on their previous work and data on the Brisco interchange and use that as a baseline study for that portion of the contract; and that staff work with Higgins to ensure that the scope of work is timed properly with the development of the Land Use Map and three iand use alternatives. Council Member Runels agreed to the amended motion. Mayor Pro Tern Ferrara seconded the motion. - Voice Vote lLRolI Call Vote Ave Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 12. COUNCIURDA COMMUNICATIONS . Mayor Lady referred to correspondence forwarded by Dr. Steve Hansen which included information from the Children and Families Commission of San Luis Obispo County regarding the fluoridation of drinking water. Mayor Lady asked if the Council had any interest in the issue and whether it should be referred to staff for further research. Council Members discussed the issue of fluoridated drinking water and reached consensus not to pursue the matter at this time and directed staff to respond to the inquiry. 11 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 City Manager Adams suggested that staff come back with infonnation on what the City is currently doing with regard to fluoridated drinking water and what the current status is. Mayor Lady requested that the City Manager follow-up with Dr. Hansen to infonn him of the discussion, . Council Member Dickens referred to recent media coverage about the truck traffic issue relating to the Lopez Dam seismic remediation project. He distributed a draft letter he composed which would be sent to contractors bidding on the project. He encouraged the Council to take a similar stand on alternative routes that could be utilized that would not significantly impact the timeframe of the project and would better protect the Village merchants. There was extensive discussion regarding the proposed truck route; the certified Environmental Impact Report for the project; and the mitigation measures that have been put in place regarding traffic impacts. Council Member Dickens said his goal in sending the letter was to let the bidders know what the concerns are in order to negotiate the use of alternative routes with the contractor who is awarded the bid. Mayor Pro T em Ferrara commented that a traffic safety plan was still in the works that could address some of the concerns. He stated It should be stressed to the bidders that alternative routes are available and truck drivers are encouraged to use the routes for safety purposes and to minimize negative impacts. Council Member Runels indicated that because the trucks can only travel through the Village four days per week, they may be utilizing the alternative routes on the remaining days. Chief TerBorch stated that at a previous Council meeting, there was discussion that the City would be actively involved in working on the traffic safety plan to look at additional mitigation measures. Mayor Lady stated he supported Council Member Dickens' proposed letter. Chief TerBorch stated that since this was not an agendized Item, Council could not take any action. He suggested Council Members send their own individual letters regarding the issue. . Mayor Pro Tem Ferrara inquired about the partitions that Trader Joe's had installed. 12 "----- --.- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 12, 2000 Chief TerBorch stated one partition was built to screen the shopping carts and the other partition was to screen the pallet area, He stated a follow-up memo on the issue would be forthcoming to Council, . Mayor Pro Tern Ferrara reported that he had received letters from neighbors regarding the trash bins located behind the Marshall's store' and the pallets being stacked outside by the Office Max store. 13. STAFF COMMUNICATIONS None. 14, ADJOURNMENT Council Member Dickens moved, Council Member Runels seconded, and the motion passed unanimously to adjourn the meeting. Time: 10:43 p.m. ~ ?Q~~ MICHAELA. LADY, MAY R ATTEST: ~ ORE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK 13 ..... -----------_._------