Loading...
Minutes 2002-03-12 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 12, 2002 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:05 p.m. 2. ROLL CALL City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Financial Services Snodgrass; Director of Community Development Strong; Director of Public Works Spagnolo; and Director of Parks, Recreation. & Facilities Hernandez. 3. FLAG SALUTE Members of Boy Scout Troop 70 led the Flag Salute. 4. INVOCATION Rabbi Norman Mendel, Congregation Beth David, San Luis Obispo, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Ferrara moved, Mayor Pro Tem 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. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Fred Bauer, 212 Short Street, reported he had met with Council Member Ferrara and reiterated his concerns regarding the pending litigation against the City regarding the Referendum. Ed Dorfman, 285 La Cresta, also reported he had met with Council Member Ferrara regarding the Referendum and indicated that he continued to feel the lawsuit was CITY COUNCIL MINUTES MARCH 12,2002 PAGE 2 without merit and should be dismissed. He further emphasized the need for new housing units within the City. Ross Kongable, 255 Rodeo Drive, responded to Mr. Bauer's comments regarding pending legal action against the City. Bruce Vanderveen, 1273 Branch Mill Road, spoke in favor of the decision made by the majority of the Council with regard to the development of his parcel. 8. CONSENT AGENDA Council Member Lubin moved and Council Member Ferrara seconded the motion to approve Consent Agenda Items 8.a. through 8.d., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period February 16, 2002 through February 28, 2002. S.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of February 28, 2002. 8.c. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed January 2002 Cash Report and approved the interfund advance from the Water Facility Fund to cover cash deficit in other funds at January 31, 2002. S.d. Consideration of Approval of Minutes. Action: Approved minutes of the Special and Regular City Council Meetings of February 26, 2002 as submitted. AYES: Lubin, Ferrara, Runels, Dickens, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARING 9.a. Proposed Ordinance Amending the Zoning Map of Arroyo Grande from General Commercial (GC) to Senior Housing (SR) and Section 16.32.020 of the Development Code to allow an increase in density; Development Code Amendment Case No. 01-004 and Presentation on Terms of the Proposed Disposition and Development Agreement. Community Development Director Strong presented the staff report and responded to questions from Council. Staff recommended the Council introduce for first reading by CITY COUNCIL MINUTES MARCH 12,2002 PAGE 3 title only an Ordinance amending the Zoning Map from GC to SR for a 3.23-acre portion of a 5.01-acre site and amending Development Code Section 16.32.030 to allow a higher density. Eric Justesen, RRM Design, representing applicant Larry Persons, gave an overview of the project including conceptual design renderings and a conceptual landscape plan. He explained issues with regard to parking requirements and the need for removal of an existing oak tree located on the property. City Manager Adams presented a brief summary of the financial terms for the project which would include funding assistance from the City's Redevelopment Agency. He introduced Mr. Tim Mulrenan, the City's Redevelopment Agency consultant from the firm of Rosenow Spevacek Group, Inc., who reviewed the financing structure and provisions of the proposed Disposition and Development Agreement for the project, which would allow the developer to finance the residential portion of the project through a combination of assistance from the Agency and Federal and State Low Income Housing Tax Credits. Mayor Lady opened the Public Hearing and stated all members of the public were invited to come forward and speak on the matter. George Moylan, Housing Authority of the City of San Luis Obispo, spoke in support of the program and gave a brief history of their agency's first tax credit development project. In response to questions posed by Council, Mr. Moylan stated that the project could have a residency requirement; however, there could be no specific duration of residency required. He commented that the developer would want to be able to market the units and pointed out that City residents may have elderty parents who would relocate from areas outside the City into such a development. He also stated that his organization would be able to bring Section 8 subsidy to this development and favored the proposed phased development approach. Chartes Finney, 150 Via BandeJero, said he felt this was an appropriate place for this proposed project. He inquired about parking and other amenities, specifically with regard to whether or not there would be handicapped elevator access to the second floor and whether there was convenient access to public transportation. Chuck Fellows, 507 Le Point, expressed concems regarding the removal of the oak tree on the site. He suggested boxing it and replanting it elsewhere on the site. George Moylan, Housing Authority of the City of San Luis Obispo, invited the Council to visit similar developments in San Luis Obispo. He also addressed concerns expressed by Mr. Finney regarding elevators and stated that although elevators are very expensive to install, he generally supported the installation of elevators in a proposed development of this size. CITY COUNCIL MINUTES MARCH 12, 2002 PAGE 4 Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Member Lubin inquired as to the timing of construction for the commercial portion of the project. Larry Persons, Pacific Harbor Homes, explained that although his firm specializes in residential development, they plan to develop the commercial buildings and have no plans to sell that portion of the project. He spoke of a potential bank tenant; however, due to the focus on processing the tax credit application for the residential portion of the project, no specific timeframes had been determined for the development of the commercial portion of the project. Council Member Lubin asked if a market analysis had been prepared for the 108 units. Mr. Persons replied that preliminary information gathered indicated there would be no problem with occupying all of the units. Mayor Pro Tem Runels asked about the timing for Phase 2 of the senior housing project. Mr. Persons replied that the tax credit rules require that each phase be completed and occupied before funding is granted for the next phase. Council Member Ferrara asked if it were possible to construct the commercial buildings prior to securing tenants. Mr. Persons responded they were not likely to construct the commercial buildings unless the tenants were known because it would be difficult to build it to specifications. There was significant discussion regarding the proposed removal of the oak tree. Director Strong explained that the Planning Commission deliberated alternatives at length and based on costs and potential impacts related to relocating the tree on the site, the Commission opted to mitigate the removal of the tree by requiring the installation of four new trees of substantial size. City Attorney Carmel noted for the record that supplemental information had been distributed to the Council that the Ordinance had been modified on page 2 as follows: "The maximum allowable density for independent living developments shall be eleven dwelling units per gross acre, unless between twenty-five (25) percent and one hundred (100) percent of the total units are to be reserved for low and moderate income residents." Council Member Ferrara moved to introduce for first reading by title only an Ordinance amending the Zoning Map of Arroyo Grande and Section 16.32.020 of the Municipal Code; Development Code Amendment 01-004, Applied for by Larry Persons, as amended. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: CITY COUNCIL MINUTES MARCH 12, 2002 PAGE 5 AYES: Ferrara, Dickens, Runels, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS 10.a. Consideration of Modifications to the Level of Service (LOS) and Traffic Impact Study Policy. Director of Public Works Spagnolo presented the staff report and responded to questions from Council. Staff . recommended the Council review and approve recommended modifications to the Level of Service (LOS) and Traffic Impact Study Policy. Council Member Ferrara acknowledged that most of his comments he submitted on the document had been addressed. He referred to page 4, Project Trip Generation and Design Hour Volumes with regard to the definition of peak hour period and recommended that the weekday period be expanded in order to include traffic studies on weekends. Mayor Lady invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Council Member Lubin moved to approve the recommended modifications to the Level of Service (LOS) and Traffic Impact Study Policy. Council Member Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Ferrara, Runels, Dickens, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10.b. Public Input Process for Design Guidelines for Historic Districts. Community Development Director Strong presented the staff report. Staff recommended the Council consider the proposed structure and schedule of initial Design Guideline workshops and advise staff of any concerns or changes desired. There were no changes to the proposed schedule of workshops. Council received and filed the report. CITY COUNCIL MINUTES MARCH 12,2002 PAGE 6 11. NEW BUSINESS 11.a. Presentation and Discussion of Castlerock Development Proposal Regarding Proposed Rancho Grande Park Property. Council Member Lubin declared a potential conflict of interest due to real property ownership and stepped down from the dais. Council Member Ferrara reported he had received a five-page letter from the developer's attorney the day before which claimed he may have a potential conflict of interest with regard to this item. He stated that he believed he did not have a conflict; however, the Fair Political Practices Commission (FPPC) had directed him to send a copy of the letter and backup documentation to the FPPC for a written opinion. He stated that since this Agenda item was a presentation of information and did not require action from the Council tonight, it was his intent to sit and listen to public comments. He concluded by stating he would not be making any statements this evening and that not stepping down would not stand in conflict with the way the item is agendized. City Manager Adams gave a brief introduction of the proposal and introduced Dean Coker, representing Castlerock Development. Dean Coker, Senior Planner for Castle rock Development, presented and submitted for the record a prepared written proposal entitled "A Land Exchange", dated March 12, 2002 (on file in the Administrative Services Department). He gave a brief profile of Castle rock Development, a brief biography of his professional background, explained the original development proposal for Tract 1998, and then gave an overview of a proposal to exchange the 26.6-acre property designated for Tract 1998 with the 10-acre City-owned property designated for Rancho Grande Park. Mayor Lady invited comments from those in the audience who wished to be heard on the matter. Cynthia Duncan, 507 Rosemary Lane, spoke in opposition. Donna Mitchell, 323 Via Bandelero, spoke in opposition. Anna Unkovich, urged the Council to consider all proposals carefully to find a win-win resolution and to make an informed decision. Carl Goldman, 125 Rodeo Drive, spoke in opposition. Maurice Phillips, 158 Avenida de Diamante, spoke in opposition. Charles Finney, 150 Via Bandelero, spoke in opposition. Holly Nishida, 122 Avenida de Diamante, spoke in opposition. Robert Rose, 499 Rosemary Lane, spoke in opposition. Paul Farrell, 765 Asilo, spoke in opposition. Bob Brownson, 653 Asilo, served as a spokesman for the preservation of Tract 1998. Karen Tait, 645 Asilo, read a statement prepared by her husband, Doug Tait, supporting the concept of a nature/preserve type park for Tract 1998. CITY COUNCIL MINUTES MARCH 12,2002 PAGE 7 AI Neas, 487 Via Bandelero, spoke in opposition. Charlie DeRego, 247 Via Bandelero, spoke in opposition. John Lange, 146 Avenida de Diamante, spoke in opposition. Karen Lange, 146 A venida de Diamante, spoke in opposition. Ross Kongable, 255 Rodeo Drive, spoke in opposition. Otis Page, 606 Myrtle, stated the proposal was worthy of the Council's consideration and further recommended letting the voters decide. Marian Fiorentino, 337 Mesquite, spoke in opposition. Norma Hare, 613 Avenida de Diamante, spoke in opposition. Hearing no further comments, Mayor Lady brought the item back to Council for discussion. Council Member Dickens asked Director of Parks, Recreation, and Facilities Hernandez what the current timeline was for the construction of Rancho Grande Park and whether the appraisals for the three lots had been obtained. Director Hernandez replied that construction documents were ready and staff was prepared to request authorization from the Council at its next regular meeting to solicit bids. He explained that Phase 1 would consist of grading, irrigation and turf, and stated that depending on potential award of grant funds, the park could be complete within one year. He reported that the appraisal of each of the three lots ranged from $200,000 to $275,000. Council Member Dickens referred to the City's "Adopt-A-Bench" program for Rancho Grande Park and asked how much had been collected. Director Hernandez responded over $5,000 had been donated. Council Member Dickens commented on quality of life issues; entitlements on Tract 1998; the numerous public hearings the current site of Rancho Grande Park has gone through; favored continuing to move forward with plans for Rancho Grande Park; and encouraged Castlerock to continue looking at other reasonable alternatives for Tract 1998. Mayor Lady thanked the public for providing input with regard to this issue. Council Member Lubin returned to the dais. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. CITY COUNCIL MINUTES MARCH 12,2002 PAGE 8 14. COUNCIL COMMUNICATIONS Mayor Pro Tern Runels distributed a letter to the Council regarding a meeting to be held at 6:30 p.m. on Wednesday, March 13, 2002 at the Cypress Ridge Pavilion building to discuss boundaries between Nipomo and Arroyo Grande. 15. STAFF COMMUNICATIONS None. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 10:33 p.m. to Wednesday, March 20, 2002, at 6:45 p.m., in the City Council Chambers located at 215 E. Branch Street, Arroyo Grande, California, then to a Special Meeting on Wednesday, March 20, 2002 at 7:00 p.m. The next Regular Meeting of the City Council will be Tuesday, March 26, 2002, at 7:00 p.m., in the City Council Chambers, located at 215 E. Branch Street, Arroyo Grande, California. -~ Michael A. Lady, r ATTEST: