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Minutes 2000-02-22 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 22,2000 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 7:00 p,m, 2, ROLL CALL City Council: X Council Member Runels X Council Member Tolley X Council Member Dickens X Mayor Pro Tern Ferrara X Mayor Lady . Staff Present: X-Interim City Manager/Chief of Police X-City Attorney X-Director of Administrative Services Director of Building and Fire X-Director of Community Development Director of Economic Development X-Director of Public Works X-Director of Parks and Recreation X-Director of Financial Services L-Associate Engineer 3, FLAG SALUTE Members of the American Legion Post No, 136 led the Pledge of Allegiance, 4, INVOCATION Pastor James Wickstrom, Berean Bible Church, delivered the invocation, 5, SPECIAL PRESENTATIONS 5,a, PROCLAMATION - SPAY DAY USA Irene Moorehouse accepted the Proclamation declaring February 29, 2000 as Spay Day USA. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 5,b, ORAL PRESENTATION BY PAAVO OGREN, FINANCIAL CONSULTANT TO ZONE 3, REGARDING LOPEZ DAM BOND ISSUE, MEASURE C Mr, Ogren gave a brief presentation on Measure C, He explained that Measure C would ask voters to approve taxes to pay a portion of the Lopez Dam seismic safety project, He stated that the State of California Division of Safety and Dams required the retrofit project. He presented an overview of the proposed financing method for the project. 6, AGENDA REVIEW None, 6,A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y Council Member Tolley moved, Council Member Runels 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. PUBLIC HEARINGS: 7 ~a. . CONSIDERATION OF A PURCHASING POLICIES AND PROCEDURES MANUAL Financial Services Director Snodgrass highlighted the staff report, She explained that the proposed Manual, Ordinance and Resolution would establish purchasing policies and procedures for the bidding, ordering, and payment authorization for all types bf City purchases, Mayor Lady opened the Public Hearing, and upon hearing no comments he closed the Public Hearing, Following Council comments in support of the proposed purchasing policies and procedures, Council Member Tolley moved to 1) Approve the Purchasing Polices and Procedures Manual dated February 2000; 2) Introduce for first reading by title an Ordinance repealing chapter 4 of Title 2 of the Arroyo Grande Municipal Code and adding thereto a new Chapter 4; and 3) Continue the public hearing to March 14, 2000 to consider the adoption of the Ordinance and adoption of a Resolution establishing levels of purchasing authority. Council Member Runels seconded the motion. _Voice Vote L Roll Call Vote ~Lady Ave Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 2 CITYCOUNCILlREDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 " 7.b, CONSIDE.RA TION OF AN AFFORDABLE HOUSING REQUIREMENTS ORDINANCE Community Development Director McCants highlighted the staff report, He explained that the. proposed Ordinance would establish an in-lieu fee to support 'affordable housing within the City, and provides the option for a developer to dedicate land or provide low/moderate income housing within its project. He explained the proposed fee structure and stated that projects with four or fewer units would not be subject to the Ordinance, Council and staff discussion included a suggestion to impose a timeframe in the Ordinance on when the funds should be spent; that the Ordinance implements the goals, policies, and objectives in the Housing El,ement of the General Plan; clarification that the Ordinance would apply to existing approved projects for which a building permit has not yet been issued; that a separate fund did not currently exist for the collection of affordable housing fees; that the next required update of the Housing Element of the General Plan is scheduled for 2003; and how the County median income level was determined by the Federal and State government. Mayor Lady opened the Public Hearing, Ed Dorfman, 285 La Cresta, noted that housing is very expensive in this area and that these fees are a tax on new homeowners, He said the builders pass the fees on to the homeowners, He stated that the Ordinance drives the cost of housing even higher, He said housing would be less attainable, He said a tax should be on the ballot for people to vote on, Mayor Pro Tern Ferrara asked Mr, Dorfman for his perspective. as a developer on whether he would rather have a fee structure in place by Ordinance or setting aside a certain percentage in a project as required for building low income housing, Mr. Dorfman replied that setting aside percentages was a cumbersome task and he would rather pay the in-lieu fees. Hearing no further comments, Mayor Lady closed the Public Hearing. Council Member Tolley stated he would like to see the Ordinance include a timeframe and dollar amount for when an affordable housing project would have to be built. Council Member Dickens referred to Section 9-19,060 C. of the proposed Ordinance relating to the statement that housing units shall remain affordable for a term Qf not less than thirty years and asked how.that was determined and who would regulate it. 3 -....---- CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 Director McCants responded that the Ordinance proposes that the City would contract with the Housing Authority of the City of San Luis Obispo to conduct an annual certification of the units, Council Member Dickens commented that the City was required by the State to provide affordable housing and the Ordinance implements the current General Plan Housing Element policies, Mayor Pro Tern Ferrara referred to the successful Juniper Street apartment project, which was a partnership between the owner of the property and Peoples Self-Help Housing. He said these are the types of projects the City should be encouraging, He referred to the letters received from Peoples Self-Help Housing Corporation and Housing Authority of the City of San Luis Obispo relating to concerns about the proposed Ordinance, He suggested that staff meet with representatives from ~hese organizations to evaluate the criteria and establish partnerships. He spoke about potential opportunities for affordable housing multi.family projects as a result of redevelopment. He asked staff if any other cities in the County had similar Ordinances, Director McCants replied that Arroyo Grande would be the first in the County to adopt an Affordable Housing Ordinance. He explained that the Ordinance was not intended to provide a fund which would construct twenty units per year, He said that the Ordinance would be used as a supplement to other efforts by agencies such as Peoples Self-Help Housing to provide affordable housing, He said the proposed Ordinance is in very strict compliance with the provisions of the adopted Housing Element. Mayor Pro Tern Ferrara moved to postpone a decision on the Ordinance amending Title 9 of the Arroyo Grande Municipal Code and the proposed Chapter 19 to establish mandatory affordable housing requirements consistent with the current General Plan Housing Element; and further proposed that staff establish a committee to include Community Development staff, Peoples Self-Help Housing, Housing Authority of the City of San Luis Obispo, and an Economic Opportunities Commission representative and that the proposed Ordinance be used for discussion on how' the City can encourage affordable housing projects; and report back to the Council on outcomes of the Committee within 90 days, Council Member Dickens seconded the motion, Council Member Tolley suggested that instead of creating a committee, provide direction to have staff meet with the groups and gather input to bring back to Council in a report. Mayor Pro Tern Ferrara responded that it could be done either way; that it could be an Ad-Hoc Committee that may meet only once, _Voice Vote K- Roll Call Vote 4 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 '. Aye Lady Ave Ferrara Aye Runels Aye Tolley Ave Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 8. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Ella Honeycutt, 560 Oak Hill Road, spoke about the erosion problems on James \ Way due to grading activities and said it was very costly to lose top soil, Colleen Martin, 855 Olive, spoke about Consent Agenda Item 9.e, relating to the adoption of an Ordinance amending the Mun;cipal Code to allow. portable signs, She stated if the Council adopted the Ordinance, she encouraged the Council to give full reign to the Code Enforcement Officer in enforcing the Ordinance, Laura Hudson spoke on behalf of the American Civil Liberties Union and asked the Council to publicly denounce Propositions 21 and 22. Peter Welsh, 1151 Pradera Court, asked if there were any future plans to fix Huasna Road between Stanley Avenue and Strother Park, Mayor Lady acknowledged Mr, Walsh's concerns and explained the City has a Pavement Management System in place that identifies the higher priorities for street repair and maintenance, 9, CONSENT AGENDA Council Member Tolley requested that Item 9,e, be pulled from the Consent Agenda for a roll-call vote, Council Member Runels requested that Item 9.i, be pulled from the Consent Agenda. Council Member Tolley moved and Mayor Pro Tern Ferrara seconded the motion to approve Consent Agenda Items 9,a, through 9.h" excluding Item 9.e" with the recommended courses of action, a, Cash Disbursement Ratification, Approved, b. Minutes of City Council Meetings of January 25, 2000 and February 8, 2000, Approved, c, Request for Authorization to Close City Streets and use City Property for the Following Annual Events: Easter in the Village; Strawberry Festival; Fourth of July, Adopted Resolution No. 3429. d, Request for Authorization to Use City Property for the March of Dimes Walk America on Saturday, May 6, 2000, Adopted Resolution No. 3430. f, Declaration of Surplus Property, Adopted Resolution No, 3431, 5 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 g, Budget Amendment Request for Emergency Repairs to Sewer Lift Station No.1. Approved. h, Grand Avenue, Elm Street to Halcyon Road, Project No. 60-70.90.98-6 - Progress Payment No, 7, Approved, _Voice Vote K- Roll Call Vote Aye Mayor Lady Aye Mayor Pro Tern Ferrara Aye Council Member Runels Aye Council Member Tolley Aye Council Member Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.e, Adoption of an Ordinance Amending Chapters 13 and 18. of Title 9 of the Municipal Code to Allow Portable Signs. Council Member Tolley commented that he had previously voted against the proposed Ordinance. He agreed with previous public-comments that it would be difficult to enforce, He requested the Council reconsider approving the Ordinance, Mayor Pro Tern Ferrara clarified that when the Ordinance was originally proposed he was under the impression that the City was providing a degree of leniency to make allowances for the construction along Grand Avenue so businesses would have a better opportunity to advertise, and he had suggested that it be extended to special events. He said he was concerned about allowing portable signs on a full-time basis and he had voted in favor of the Ordinance with the provision that the Council would review it after one year, Council Member Dickens moved to adopt Ordinance No, 512 C.S. amending Chapters 13 and 18 of Title 9 of the Municipal Code to allow portable signs, Council Member Runels seconded the motion, _Voice Vote LRolI Call Vote Ave Mayor Lady ~Mayor Pro Tern Ferrara ~Council Member Runels ~Council Member Tolley Aye Council Member Dickens There being 3 A YES and 2 NOES, the motion is hereby declared to be passed, 6 . CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 '. g.i. Program. Supplement Agreements for the Fair Oaks AvenueNalley Road and Tally Ho Road Reconstruction Projects. Council Member Runels referred to the Fair Oaks AvenueNalley Road project and suggested that the bidding process for the project be finished so that work can begin the day school lets out for the summer, thereby reducing traffic impacts. Council Member Runels moved to 1) Adopt a Resolution authorizing the Mayor to execute Program Supplement Agreement No. 256 for the Fair Oaks AvenueNalley Road Project; 2) Adopt a Resolution authorizing the Mayor to execute Program Supplement Agreement No, 257 for the Tally Ho Road Project; and 3) Direct the Director of Administrative Services to submit the Program Supplement Agreements and authorizing Resolutions to Caltrans. Council Member Dickens seconded the motion, _Voice Vote LRolI Call Vote Aye Mayor Lady Aye Mayor Pro Tern Ferrara Aye Council Member Runels Aye Council Member Tolley Ave. Council Member Dickens. There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 10, CONTINUED BUSINESS 10.a, LEVEL OF SERVICE POLICY AND TRAFFIC STUDY GUIDELINES Director of Public Works Spagnolo highlighted the staff report. He explained that with the recent number of development project applications, concerns have been raised regarding the consistency of the method used to evaluate the proposed traffic and the mitigation for the potential impacts, He stated that a set of six questions regarding the City's policy on traffic analysis and mitigation measures were posed for consideration and the Traffic Commission, Planning Commission, City Council, and public provided input on the proposed guidelines, Mayor Lady opened the discussion for public comment, and upon hearing no comments brought the issue back to the Council for consideration. Mayor Pro Tern Ferrara commented that the City has not had any guidelines for traffic consultants and there was no standardization. He spoke in favor of the proposed guidelines; stating that the peak hour trips were reasonable; and the guidelines provide a check and balance for intensity of use, Council Member Runels commented that even though the City was trying to address traffic, the City was subject to projects occurring in the County that was beyond the City's control. He further commented that most of the intersections in 7 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 the City operate at lower levels of service only at certain times of the day and he would like to see some method in place that averages it out. There was Council consensus in support of the recommended policies which would provide guidelines and standardization for traffic consultants. Council Members agreed that the policies should be reviewed in one year, Mayor Pro Tem Ferrara moved to approve the following policies regarding Level of Service Analysis and Traffic Studies: 1) Traffic studies shall include roadway capacity, safety and design analyses, The current Highway Capacity manual shall be the methodology used for capacity analyses of all roadways and intersections; 2) Mitigation measures shall be required for developments generating twenty (20) peak hour trips (PHT) or more which impact any roadway facility now operating or forecast to operate below LOS C; 3) Direct Public Works staff to meet with the applicant prior to approving any application as complete to discuss traffic study needs', potentially significant traffic impacts and possible mitigation measures; 4) Direct City staff to incorporate these policies in the General Plan Circulation Element; and 5) Revisit these policies after one year to evaluate effectiveness and revise as necessary, Council Member Dickens seconded the motion, _Voice Vote LRolI Call Vote Ave Mayo~ Lady ~Mayor Pro Tem Ferrara Aye Council Member Runels . Ave Council Member Tolley Ave Council Member Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11. NEW BUSINESS 11.a, CONTRACT CHANGE ORDER - GRAND A VENUE PHASE II. ELM STREET PAVING Director of Public Works Spagnolo highlighted the staff report. He explained that the construction project on Grand Avenue was nearing completion and due to the careful design and construction management of the project, sufficient funds remain in the project contingency to provide for additional paving beyond the original scope of work, Council and staff discussion included clarification that the estimate would not exceed the original contract amount approved by the Council; does not include installation of sidewalks; and future plans for a sidewalk improvement and widening project using Transportation Impact Fee funds. May~r Lady opened the discussion for public comment. 8 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 " Colleen Martin; 855 Olive, asked if a dirt area south of Sunset Drive would be paved near the block wall. Interim City Manager TerBorch responded no, that the area she was 'referring to was not in the public right-of.way, Hearing no further comments, Mayor Lady closed the public comments and brought the issue back to the Council for consideration, Council Member Runels moved to approve a Contract Change Order for the Grand Avenue Phase II Project to Whitaker Contractors in the amount of $106,800 to pave Elm Street from Grand Avenue to Fair Oaks Avenue, Council Member Tolley seconded the motion, _Voice Vote L Roll Call Vote ~Mayor Lady ~Mayor Pro Tern Ferrara Aye Council Member Runels Ave Council Mem6er Tolley ~Council. Member Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Mayor Lady called a break at 8:40 p.m. The Council reconvened at 8:45 p,m, 11,b, DRAFT GENERAL PLAN ELEMENTS Community Development Director McCants introduced Consultant Rick Harter from Envicom, He stated that staff recommended Council authorize the distribution of the draft document for public review and direct staff to prepare a Notice of Preparation, which is the first step in the environmental review process under the California Environmental Quality Act. Mr. Harter gave a brief overview of the draft General Plan Elements and explained that the focus so far has been on agricultural and residential policies. He stated those policies such as commercial, public facilities, and parks remain to be developed, He said the document was based on information gathered from public input at workshops and the citizen survey, He reviewed the general concepts and layout of the document. Following Council questions and discussion, Mayor Lady opened the discussion for public comment. Mike Titus, 404 Lierly, stated that he was disappointed that there were not more Long Range Planning Committee or Core Outreach Team members present tonight. 9 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 Charlotte Wilson, 802 Bambi, asked how the City was going to make the information available for the public to review, Mayor lady responded that the City would be issuing press releases and conducting workshops relating to the General Plan Update, Colleen Martin, 855 Olive Street, stated that there was a great response to the citizen survey and it was a good tool for the General Plan Update. C.Z, Brown, 350 Old Ranch Road, stated he had reviewed the draft documents and he urged the Council to conduct workshops and conduct town hall meetings to inform the public, He also questioned how the SOAR initiative would interface with the General Plan, Victor Tose stated he was #27 on the list of applicants who have filed General Plan Amendment requests and he was eager for a resolution on his request. Hearing no further comments, Mayor lady closed the public comments and brought the issue back to the Council for consideration, Council comments and discu~sion included direction to staff to contact all the property owners who have submitted General Plan Amendment requests to ensure their requests had not changed; existing agriculture land uses and perceived pressure for development; whether or not the draft land Use map had been correlated to the Water Master Plan and how it affects the City's water resources; tying in the Circulation Element with the land Use Elen:tent as it relates to infrastructure impacts; request to send the draft land Use Element to the County Agricultural Commissioner for review; heavily advertising the availability of the draft document for review; and the scheduling of workshops to review the draft element. Council Member Dickens suggested the following minor changes to the draft document prior to distribution: - Page lUE-8a, policy lU1-5: 'Agricultural Reserve' should be changed to 'Agricultural Preserve', - Would like to see specific language incorporated relating to commercial greenhouses. Council Member Dickens also referred to the draft land Use Map and stated that the land use designation of the parcel on the corner of Traffic Way and E, Cherry Avenue had been changed, He recommended that it be taken off of the draft map and considered as a request along with the other pending applications for land use amendments. Mr, Harter spoke about policy lU1-15 which addresses agriculture parcels that are I~ss than the minimum size and are surrounded on all sides by existing urban uses, 10 . CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 . . Further Council discussion included whether pesticide use had been addressed; the term "value added agriculture" and whether it could be included in the General Plan to distinguish between the types of uses that support agriculture; and about when to conduct workshops for consideration of the pending General Plan Amendment requests, Council Member Tolley moved to direct staff to distribute the Draft Land Use Element and the Draft Agriculture/Open Space/Conservation Element for a 60.day public review period to include two workshops with dates to be determined at a subsequent meeting; direct staff to prepare and circulate a Notice of Preparation for the Environmental Impact Report as required by the California Environmental Quality Act; and set March 28, 2000 as the date for the 'City Council to consider the disposition of the pending requests for General Plan Amendments which have not been included in the Draft General Plan Elements. Council Member Runels seconded the motion, _Voice Vote LRolI Call Vote . Ave. Mayor Lady Aye Mayor Pro Tem Ferrara ~Council Member Runels ~Council Member Tolley Aye Council Member Dickens 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). City of Pismo Beach to discuss joining the District or refurbishing their plant. Other. None, b, MAYOR PRO TEM TONY M, FERRARA (1 ) Integrated Waste Management Authority Board (IWMA). No report. (2) Economic Vitality Corporation (EVC), Received presentation by representatives of SOAR initiative. (3) Air Pollution Control District (APCD). Burn rule passed on 6-4 vote, (4) Economic Development Task Force, Subcommittee formed to tie Economic Development Plan. into City's Redevelopment Plan and Home.based Business Plan, Economic Development Director to contact Council Members Tolley and Dickens regarding tie-in of Youth Master Plan also, Discussed "value-added agriculture" and if this concept would be included in the ED Plan, (5) Other, None, 11 . CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 , c, COUNCIL MEMBER THOMAS A, RUNELS (1) Zone 3 Advisory Board, 1) Presentations are being made by Zone 3 representatives to inform the public about Measure C. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. Provided an update on the Santa Maria groundwater basin lawsuit. d, COUNCIL MEMBER STEVE TOLLEY (1 ) Long-Range Planning Committee, . No report, (2) South County Youth Coalition, No report. (4) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). 1) StORT A voted 6-4 to issue RFP on Director position; 2) Passed on previous Council comments to SLOCOG Board relating to additional review time on the Brisco/Halcyon/101 PSR, (5) Other, Gave a joint presentation with Pismo Beach Council Member and City of San Luis Obispo Personnel Director titled "Educating the Elected Official on Human Resources/Labor Relations" at the League's Employee Relations Institute in Santa Barbara, e, COUNCIL MEMBER JIM DICKENS (1 ) South County Area Transit (SCAT), Set up a meeting with Arroyo Grande Chamber of Commerce to receive feedback on Trolley issue, ' Chamber sent out a questionnaire to the business community. Overall comments indicate trolley system could benefit from one more year, (2) Economic Development Committee/Chamber of .Commerce, Will re- initiate the committee some time in the future to implement ideas from Economic Development Plan, (3) Five Cities Recreational Cen~er Subcommittee, Presentation given to Pismo Beach City Council was well received, (4) EOC. Discussed Community Development Block Grants funds and how municipalities can use them. (5) Other. None. 13, COUNCIL COMMUNICATIONS Mayor Pro Tern Ferrara reported the following: . He met with City staff and representatives from Investec relating to issues at the Five Cities Center; . He met with the Director of Public Works and Executive Director from SLOCOG relating to an alternative for the Brisco Road/Halcyon/101 Project Study Report (PSR); . He responded in writing on behalf of the League's Public Safety Policy Committee in opposition to Proposition 1A. 12 - CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 22, 2000 ~ 14, STAFF COMMUNICATIONS Interim City Manager TerBorch reported the following: . Representatives from Trader Joe's had contacted the Community Development Department about various permit applications; . Dates for General Plan Update workshops would be set at the March 28, 2000 City Council meeting; . A date for a Redevelopment Agency meeting was being scheduled and would be announced when confirmed, . Videotapes are available for viewing at the Arroyo Grande Police Department relating to Community Policing. AGPD is featured in the videos, 15. ADJOURNMENT Council Member Tolley moved, Council Member Runels seconded, and the motion. passed unanimously to adjourn the meeting, Time: 10:51 p,m. MI:HAEL~ A~;;2 I '(. ~ ') ! ('/ ,: 'l1;L~/tc- KELL Y)WET, ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK ! ,.-.., 13