Minutes 2002-01-22
MINUTES
. . REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 22,2002
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Pro Tem Runels called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Members Dickens, Ferrara, Lubin, and Mayor Pro Tem
Runels were present. Mayor Lady was absent.
City Staff Present: City Manager Adams; City Attomey Carmel; Director of
Administrative Services Wetmore; Community Development
Director Strong; Director of Parks, Recreation and Facilities; and
Director of Public Works Spagnolo.
3. FLAG SALUTE
Members of Boy Scout Troop 234 led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation.
5. SPECIAL PRESENTATIONS
S.a. Proclamation - Spay Day U.S.A.
Mayor Pro Tem Runels presented the Proclamation recognizing the month of February
2002 and February 26, 2002 as "Spay Day U.S.A.... Dion Schwulst, OwnerNolunteer,
Cal Coast Pet Rescue, accepted the Proclamation.
S.b. Proclamation - Attained the Rank of Eagle Scout: Mark George Hasbun.
Mayor Pro Tem Runels presented a Proclamation to Mark George Hasbun
congratulating him for achieving the rank of Eagle Scout and recognizing his
commitment, diligence, and dedication in undertaking and completing his Eagle Scout.
project.
6. AGENDA REVIEW
None. I
6.a. Resolutions and Ordinances Read In Title Only
Council Member Dickens moved, Council Member 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.
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PAGE 2
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Dion Schwulst, representing Cal Coast Pet Rescue, spoke regarding the issue of stray,
feral cats in the City and her history of rescuing, neutering, and spaying the cats. She
said she would like to find a way for the City to allocate funds to reputable animal
rescue organizations. She said Cal Coat Pet Rescue received some funding from the
Maddy Foundation fund provided through the Califomia Veterinary Medical Association.
She stated she would like to discuss the issue further with a Council Member at a future
date.
a. CONSENT AGENDA
Mayor Pro Tem Runels asked staff to explain why an Environmental Impact Report
(EIR) was necessary for the Creekside Center project (Item 8.j.). Director Strong
explained that due to the historic structures on the site and the conflicting opinions
regarding the significance of the structures, an EIR is required in order to comply with
CECA regulations.
Council Member Lubin moved and Council Member Ferrara seconded the motion to
approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of
action:
a.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period January 1,
2002 through January 15, 2002.
a.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from
the Water Facility Fund.
Action: Received and filed November 2001 Cash Report and approved the
interfund advance from the Water Facility Fund to cover cash deficits in other
funds at 11/30/01.
a.c. Consideration of Project Development (AS-1600) Fees.
Action: Accepted and filed the report on the receipt and use of AB-1600 fees
during the fiscal year ending June 30, 2001.
a.d. Consideration of Annual Adjustment of Impact Fees. ,
Action: Adopted Resolution No. 3574 approving the annual adjustment to the ,
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City's Impact Fees. I
a.e. Consideration of In-lieu Fee for Off-Street Parking Adjustment. I
Action: Adopted Resolution No. 3575 approving an adjustment to the in-lieu fees I
for off-street parking in the Parking and Business Improvement area of the ,
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Village. I
a.f. Consideration of Approval of Minutes. I
Action: Approved minutes for the Special and Regular City Council Meetings of I
December 11, 2001, and for the Regular City Council Meeting of January 8, 2002 I
as submitted.
a.g. Rejection of Claim Against City - D. Cashier.
Action: Rejected claim.
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JANUARY 22, 2002
PAGE 3
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8.h. Consideration of Payment to Utility Companies for Work on the Oak Park I
Boulevard Widening Project, Project PW-oO-o1.
Action: 1) Authorized payments that total $101,800 to affected utility companies
including Pacific Gas & Electric ($80,500), Pacific Bell ($14,800), and Charter
Communications ($6,500) for design and construction services on the Oak Park
Boulevard Widening Project; and 2) Authorized the City Manager to approve
change orders not to exceed the contingency of $10,800 for use only if needed
for unanticipated undergrounding costs during the construction phase of the
project.
8.i. Authorization to Refund Application Fees for the Arroyo Grande Village
improvement Association Christmas Caroling in the Village.
Action: Considered and approved request to refund the fee for Temporary Use
Permit 01-029.
8.j. Consideration of EIR Consultant Services Agreement, Creekside Center
Project.
Action: 1) Approved the Consultant Services Agreement; and 2) Approved the
Applicant's Agreement.
AYES: Lubin, Ferrara, Dickens, Runels
NOES: None f
ABSENT: Lady There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
9. PUBLIC HEARiNG
9.a. Consideration of Conditional Use Permit Case No. 01-010 to Construct a 60-
Unit Senior Apartment Complex and a 3,000 Square Foot Senior Recreation
Center.
Community Development Director Strong presented the staff report. He explained that
the Council previously considered this project on December 11, 2001 and continued the
public hearing to request staff to prepare policy language regarding financial assistance
from the City's Affordable Housing In-Lieu Fund and park fee waivers. The Planning
Commission recommended the Council 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 Case No. 01-010. Staff further
recommended the Council review the information provided regarding affordable hosing
assistance allocation for the proposed project and authorize housing funding assistance
in the amount of $40,700; and review the information provided regarding the applicant's
request for park fee waivers and authorize a fee waiver of $3,985 of the Community
Center Impact Fees and fee credit of $39,671.84 for Park Development Fees.
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Mayor Pro Tem Runels opened the Public Hearing and stated all members of the public
were invited to come forward and speak on the matter.
Ray Abdun-Nur, 955 Via Las Aguilas, stated he had spoken on the issue previously. He
said the main concem of the Homeowners Association was the impact of increased
traffic and safety of the senior citizens. He made several suggestions and requested
the Council reconsider the traffic issues. He also stated he would like to see a concrete
tile roof on the project in order to better blend in with the surrounding buildings and to
eliminate a fire hazard as the building backs up to wooded open space.
Earl Paulding, 232 La Cresta Drive, spoke in support of senior housing in this area. He
said persons inquiring about senior housing have approached him. He spoke of the
non-profit corporation that was formed to operate a senior center within the project.
Jerre Sumpter, 575 Via Las Aguilas, stated he would ask what can be assured with
regard to traffic safety. He referred to Camino Mercado from Rancho Parkway to W. I
Branch and the number of driveways along the stretch of road. He wanted to know
what could be done to ensure traffic moves safely. He also requested consideration for
a tile roof on the project, referring to all similar surrounding commercial buildings in
order to provide for a comparable visual effect.
Gary Young, 2850 Mesa Alta Lane, applicant, referred to his written correspondence
included in the staff report and requested a further reduction in the park fees above
staffs recommendation; requested an increase in the affordable housing in-lieu fee
allocation due to the fact that 25% of the units were being allocated to moderate income i
seniors; and requested more clarification and a commitment from the City with regard to
the amount and timing of reimbursement from the Traffic Signalization Fund for the
traffic signal required to be installed.
Hearing no further public comments, Mayor Pro Tem Runels closed the Public Hearing.
Council Member Lubin asked questions of the applicant regarding the proposed roof
material; commented that in terms of traffic, any issues that arise could be brought to
the Traffic Commission to consider potential parking restrictions or red-curbs; and asked
about the formulas used for calculating the affordable housing allocation and park fee
waiver.
Council Member Ferrara also asked questions of the applicant regarding the proposed
roof material and strongly suggested that concrete tile or flat concrete look-alike tile
would be more accepted and look more pleasing aesthetically.
Mr. Young stated the Architectural Review Committee had unanimously agreed with the
proposed craftsman-style theme for the project. He stated a tile roof would not be
compatible with that type of theme. He stated that the roof would have the appearance
CITY COUNCIL MINUTES
JANUARY 22, 2002
PAGE 5
of a shingle roof for architectural relief and would blend in with the surrounding
landscape.
Council Member Ferrara referred to the signalization issue and asked if there was a
composite traffic plan for Camino Mercado. He asked for clarification that when other
approved projects are built, they would also contribute their fair share for the signal.
Public Works Director Spagnolo replied yes, that through an agreement the applicant
would be reimbursed for its costs.
Council Member Ferrara stated that given the variables on Camino Mercado, increased
circulation with this project, the Kolbo project, and the Cool project, he could not ignore
the increase in traffic, despite the installation of the signal. He suggested the need to
start focusing on a comprehensive traffic plan for this road in order to ease the
additional traffic burden. Director Spagnolo agreed and mentioned some of the overall
concepts that have been addressed in the Brisco/Hwy 101 Project Study Report.
Council Member Ferrara asked questions of Parks, Recreation, and Facilities Director
Hernandez regarding waiving of park fees and agreed with the approach used to
calculate a waiver for this project.
Council Member Ferrara concluded by stating he was hoping for better architectural
blending with regard to roofing material; expressed that the traffic issue is a concern;
commented that congestion within the urban core is going to intensify; and a traffic plan
is needed to address these issues. He stated that with regard to the safety issue, he
was not as concerned with this proposal as with the previously proposed project, as this
would not be an assisted living facility and steps had been taken to reduce the grade.
He agreed there was a need for moderate-income senior housing and a place for
seniors to meet. He favored approving the fee waivers as recommended.
Council Member Dickens agreed that the cumulative traffic impact would definitely need
to be addressed. He believed that this project had other factors that outweigh other
issues, and referred to conditions of approval #63 which addresses street widening;
#66 regarding the requirement for installation of a traffic signal; and #67 requiring the
installation of curb and sidewalk. After asking for clarification regarding the sample roof
material and the difference between the 35 and 40-year roof, he expressed a desire that
the roof show more definition. He commented that with regard to the park fees, the City
could collect park improvement fees over the next ten years and not be able to build a
facility as proposed by the applicant. He stated he would favor a 100% waiver of the
park fees and urged the Council to reconsider. He supported staffs recommendation
regarding the housing in-lieu fee allocation and had no issue with the traffic signal
reimbursement agreement if the applicant could work the details out with staff.
Mayor Pro Tem Runels referred to condition of approval #13, which states the
development shall be restricted to senior citizens ages 55 and older, and asked if both
CITY COUNCIL MINUTES
JANUARY 22, 2002
PAGE 6
spouses have to be 55 or older. Director Strong stated that the intent of the condition
was that one person qualifies.
Mayor Pro Tem Runels spoke about the water neutralization program and commented
that most facilities in the City had been retrofitted. He suggested that the City require
an in-lieu payment instead. Director Spagnolo replied that the City offers the applicant
the ability/option to pay a fee or to retrofit.
Council Member Lubin asked when the applicant would be reimbursed for the traffic
signal expenses. Director Spagnolo responded that those details would be negotiated
in the Traffic Signal Reimbursement Agreement. City Attorney Carmel suggested that
perhaps the Council would like to set parameters for reimbursement. Discussion
ensued on the matter.
There was further discussion on the difference between the park development and park
improvement fees and what they are used for and clarification of existing policies and
procedures on fee waivers.
Council Member Lubin stated that he could support some increase in the waiver, but not
a 100% waiver of the park fees; he supported the affordable housing fee allocation,
however, he felt it was prudent for the Council to direct how the reimbursement was
paid and suggested a "pay as you go" method of reimbursement; agreed that the
concems expressed about the roof material were valid, however a 40 year composite
roof is good, provides good definition, and would blend in; agreed regarding the need to
look at concerns with traffic as the project moves forward; commented that the sooner
the project gets moving, the sooner the signal would be installed; and strongly
recommended the painting of a center line along Camino Mercado. He supported the
project as proposed.
Council Member Ferrara expressed concern with altering the policy with regard to fee
waivers and supported allowing the applicant to use the protest process currently in
effect. Discussion ensued about the protest procedure and suggestions for setting a
specified time of reimbursement to the applicant for the installation of the traffic signal.
Staff was directed to include a two (2) year term in the Traffic Signal Reimbursement I
Agreement.
City Manager Adams suggested adding a condition to the project regarding the senior I
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center, which would require the applicant to enter into an agreement with the entity in I
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charge of the operation of such a center. City Attomey Carmel stated that subject to the
applicant's approval, the condition could read as follows: "Condition #83. Senior Center I
Aareement. Prior to issuance of a Certificate of Occupancy, the applicant shall enter
into an agreement with a private, non-profit entity or public entity for the operation of the
Senior Center within the project for the maximum benefit of the Arroyo Grande and
South County senior citizen community. The Agreement shall have a minimum term of
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PAGE 7
ten (10) years and shall be subject to the approval of the City of Arroyo Grande City
Manager and City Attomey."
Mr. Young agreed to added Condition #83, as proposed.
Council Member Lubin moved to 1) Approve a Resolution, as amended to add
Condition #83, adopting a mitigated negative declaration, instructing the Director of
Administrative Services to file a Notice of Determination, and approving Conditional Use
Permit Case No. 01-010, located at 579 Camino Mercado, applied for by Central Coast
Real Estate Development, Inc., 2) Authorize housing funding assistance in the amount
of $40,700; and 3) Authorize a fee waiver of $3,985 of the Community Center Impact
Fees and fee credit of $39,671.84 for Park Development Fees. Council Member
Ferrara seconded the motion.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Proposed Process for Traffic Way Area Strategic Plan.
City Manager Adams presented the staff report. He explained that staff had started to
identify a number of issues and needs of existing businesses on Traffic Way, including
parking, traffic, and ability for expansion. He explained the purpose of the Strategic
Plan was to facilitate retention and expansion of existing businesses on Traffic Way,
which is a primary objective of the City's economic development strategy and program,
and identify options for land uses and redevelopment opportunities. Community
Development Director Strong further explained that a portion of Traffic Way is
designated as Mixed Use and explained the process may include streetscape ideas and
design guidelines.
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Mayor Pro Tem Runels stated that every business and property owner on Traffic Way I
should be notified prior to any meetings. City Manager Adams explained that the I
process would be more focused due to smaller group meetings.
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Council Member Lubin asked about the status of design engineering for E. Grand I
Avenue. Director Strong replied that a presentation on the E. Grand Avenue Master I
Plan was scheduled for the February 12th Council meeting. I
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Mayor Pro Tem Runels opened up the item for public comment, and upon hearing none, I
brought the issue back to Council for consideration.
Council directed staff to proceed with the proposed Traffic Way Area Strategic Plan
process.
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CITY COUNCIL MINUTES
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PAGE 8
12. CITY COUNCIL REPORTS
a. MAYOR MICHAEL LADY (Mayor Lady was absent)
(1) South San Luis Obispo County Sanitation District (ssLOCsD). No
report.
(2) Other. None.
b. MAYOR PRO TEM THOMAS A. RUNELs
(1) Zone 3 Advisory Board. Met last week to discuss water treatment plant
upgrade and progress; Budget going to Finance Committee for review in
February.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
c. COUNCIL MEMBER JIM DICKENS
(1) Community Recreation Center Subcommittee. Meets tomorrow. Will be
looking at progress in giving presentations to neighboring cities. I
(2) Economic Opportunity Commission (EOC). Distributed copies of
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Resolution adopted by the EOC Board relating to the Tobacco Settlement ,
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Initiative Position Statement.
(3) South County Youth Coalition. No report. Meets next month. I
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(4) Other. None. i
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d. COUNCIL MEMBER TONY M. FERRARA
(1) Integrated Waste Management Authority Board (IWMA). Mayor Pro
Tern Runels attended last meeting as the alternate. Discussed expansion !
of composting area. I
(2) Air Pollution Control District (APCD). In process of selecting new APCO; I
final interviews to be held with hiring decision to be made soon. I
(3) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (sLOCOG/sLORTA). Discussed State HCD housing I
mandate. At issue is the formulas HCD is using. SLOCOG will be !
proposing new figures and challenging the State's baseline figures. I
Currently waiting to see if the State will accept SLOCOG's proposal. I
(4) Other. None. i
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e. COUNCIL MEMBER SANDY LUBIN I
(1) South County Area Transit (SCAT). Met in December. Major issue of
discussion was the in-house running of SCAT operations. Reported that it
was going well; however, the costs were more than anticipated, especially
with respect to insurance liability and workers compensation. Also
discussed routes and the potential of a route on Camino Mercado. Finally,
decision was made to change the election of officers to the month of March.
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CITY COUNCIL MINUTES
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PAGE 10
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Thorn s 'A.. Runels, Mayor Pro Tern I
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ATTEST: I
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JcUUOAf2-- I
re, Director of Administrative Servicesl
Deputy City Clerk
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