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Minutes 2003-01-28 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 28, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Dickens, Lubin, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Chief of Police TerBorch, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, and Director of Community Development Strong. 3. FLAG SALUTE Members of Boy Scout Troop 489 led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh-Day Adventist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Lubin moved, Council Member Dickens 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 Connie Dunbar, Arroyo Grande, spoke regarding issues relating to nuclear waste and distributed copies of a video to the Council entitled Nuclear Power and Terrorism, produced by the Avila Foundation. She also displayed a public hearing schedule for the next Nuclear Regulatory Commission meeting. James O'Keefe, Arroyo Grande, representing Kings Fish & Ctlips on E. Grand Avenue, referred to the E. Grand Avenue improvement project and expressed concerns that work would be done during the busiest business season as it had in the first phase. He opposed any measures that would limit or prohibit parking in front of the businesses and suggested that construction be done at night. ___ _____m__ ,_~__ CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 2 Colleen Martin, Arroyo Grande, spoke regarding the City's schools and the possibility of the closing and selling of the Harloe Elementary School site to fund the building of a new school. She referred to the approval of the Hidden Oaks Elementary School site and stated that was intended to add to the school system and was not meant as a replacement site. She urged the City Council to contact the school district and find out its intentions regarding Harloe School, and announced that the next School Board meeting would be held at 7:30 p.m. on Tuesday, February 4' 2003. Piper Adelman, Arroyo Grande, commented that the school district and the City had collaborated in the past. She reported that the Harloe PTA was not spending any money on improvements to the school until they knew more about what the school district planned on doing. Otis Page, Arroyo Grande, referred to recent correspondence regarding the moratorium and also inquired as to why the item on the Policy/Procedure for Conducting City Council Business was on the Consent Calendar. Chuck Fellows, chairman of Preserve the Village, announced that the organization had donated three trees to the City to be planted at Rancho Grande Park. He suggested that tree tags be placed identifying the names of the trees. 8. CONSENT AGENDA Council Member Lubin requested Item 8.f. be pulled. Council Member Costello requested Item 8.h. be pulled. Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the exception of Item 8.f., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period January 1, 2003 - January 15, 2003. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the December 2002 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds at December 31,2002. 8.c. Consideration of Adjustment to Impact Fees. Action: Adopted Resolution No. 3643 approving the annual adjustment to the City's Impact Fees. CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 3 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Redevelopment Agency Meeting of January 14, 2003 as submitted. 8.e. Consideration of Disposal of Surplus Bicycles. Action: Adopted Resolution No. 3644 declaring bicycles as surplus for donation to the San Luis Obispo County Sheriff's Office to be refurbished and donated to needy children. 8.g. Council Appointments to Various Boards, Commissions, and Committees. Action: Approved the appointments to various City Boards, Commissions, and Committees. AYES: Runels, Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 8.f. Consideration of Modifications to the Policy/Procedure for Conducting City Council Business. Recommended Action: Adopt Resolution approving the revised Policy/Procedure for Conducting City Council Business with the modifications directed by the City Council at the January 14, 2003 meeting. Council Member Lubin inquired whether this item would be open for public comment, and he asked questions of Chief of Police TerBorch regarding the City's past experience and frequency related to disturbances at Council meetings. Mayor Ferrara agreed that the language regarding disturbances could be condensed; however, he felt that there should be some procedure in place in the event enforcement is necessary. Mayor Ferrara opened up the item for public comment. The following members of the public addressed the Council: Otis Page, Arroyo Grande Ed Dorfman, Arroyo Grande Hearing no further public comments, Mayor Ferrara brought the item back to Council for consideration. Following Council discussion, Council Member Costello moved to adopt Resolution No. 3645 approving the revised Policy/Procedure for Conducting City Council Business, with the exception of Item #3, and further directed staff to modify #3, Disturbance of City CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 4 Council Meetings, to soften the language and bring it back to Council for approval. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Costello, Dickens, Ferrara NOES: Lubin ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 8.h. Consideration of Approval of the Revised Urban Water Management Plan. Recommended Action: Adopt Resolution approving revisions to the 2000 Urban Water Management Plan to address requests of the California Department of Water Resources (DWR). Council Member Costello asked questions of staff regarding the amount of water being used per person per day; projected water usage at build out; what the City's groundwater entitlement is; and clarification regarding whether changes would be reflected in the Plan's review and update in the year 2005. Mayor Pro Tem Dickens referred to a typographical error on the bottom of page 1 of the Urban Water Management Plan. Staff clarified that the reference to "Lopez" Unified School District would be corrected to read "Lucia Mar" Unified School District. Mayor Pro Tem Dickens referred to page 11, Table 6 [Comparison of Current Supply and Demand for Normal, Single, Dry and Multiple Dry Years (acre-feet)] and requested that the footnote regarding the City's projected 1 % growth rate, located at the bottom of Table 5 [Projected Water Usage, 2005-2020] be added following Table 6 as well. Mayor Ferrara opened the item for public comment, and upon hearing none, brought the item back to Council for consideration. Council Member Lubin moved to adopt a Resolution approving revisions to the 2000 Urban Water Management Plan, as amended, to address requests of the California Department of Water Resources (DWR). Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Costello, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARING: None. --..-... CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 5 10. CONTINUED BUSINESS 10.a. Consideration of an Ordinance Amending Municipal Code Chapter 13.24 "Excavation, Grading, Erosion and Sedimentation Control". Director of Public Works Spagnolo presented the staff report and recommended the Council adopt an Ordinance amending Municipal Code Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control". Mayor Ferrara opened the item for public comment, and upon hearing none, brought the item back to Council for consideration. Council Member Runels moved to adopt an Ordinance amending Municipal Code Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control", Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 1 a.b. Consideration of Issuance of General Obligation Bonds for Expansion of Fire Station. City Manager Adams presented the staff report and introduced Brian Forbath, Special Bond Counsel, Stradling Yocca Carlson & Rauth, and Alan Miller, Financial Advisor, A.M. Miller, Inc. Mr. Forbath reviewed the process for issuance of the general obligation bonds and recommended the Council a) Adopt a Resolution declaring the City's intention to sell bonds in the amount not to exceed one million nine hundred thousand dollars ($1,900,000), fixing the time and place for taking bids, and directing publication of notice inviting bids; and b) Adopt a Resolution providing for the issuance of the General Obligation Bonds, Mr. Miller reviewed the bidding process, the anticipated interest rate, and the City's excellent credit rating. Council Member Lubin inquired about the procedure for opening of the bids and suggested that a City staff representative be present at the bid opening. Mayor Ferrara opened the item for public comment, and upon hearing none, brought the item back to Council for consideration. Council Member Lubin moved to adopt a Resolution declaring the City's intention to sell bonds in the amount not to exceed one million nine hundred thousand dollars ($1,900,000), fixing the time and place for taking bids, and directing publication of notice CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 6 inviting bids. Council Member Costello seconded the motion, and on the following roll- call vote, to wit: AYES: Lubin, Costello, Runels, Dickens, Ferrara I NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution providing for the issuance of the General Obligation Bonds. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Costello, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Mayor Ferrara called a break at 8:45 p.m. The Council reconvened at 8:50 p.m. 11. NEW BUSINESS 11.a. Consideration of Resolution Regarding Loomis Complex Nomination to State Historical Resources Commission and Discussion of Process for Local Designation of Historical Resources and/or Landmarks. Community Development Director Strong presented the staff report and recommended the Council: 1) Consider adoption of a Resolution in support of nomination of the Loomis Complex to the California Register of Historical Resources by the State Historical Resource Commission; and 2) Discuss establishing a formal legally recognized procedure for designation of Historical Resources and/or Landmarks and provide direction to staff. Following Council questions of staff, Mayor Ferrara opened up the item for public comment. The following members of the public addressed the Council: Donna Anderson, rural Arroyo Grande, supported historical designation of the Loomis Complex. Heather Jensen, Arroyo Grande, expressed concerns with the timing of the proposed action with the project's Draft Environmental Impact Report (EIR) just being released. She stated there was merit in bring the South County Historical Society in as a lead instead of the City and encouraged proceeding slowly. CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 7 Scott Wachenheim, representing Preserve The Village, supported historical designation of the Loomix Complex and supported formation of a City ordinance for designating historical resources. Gordon Bennett, Arroyo Grande, supported historical designation of the Loomis Complex. David Loomis, Arroyo Grande, opposed historical designation of the Loomis Complex. Annetta Bennett, stated she was a member of the South County Historical Society, and she personally supported historical designation of the Loomis Complex. She commented that the Historical Society was too busy to take on another project and favored the City taking the lead on this proposal. Chuck Fellows, representing Preserve The Village, supported historical designation of the Loomis Complex. Howard Mankins, Arroyo Grande, stated he was also a member of the South County Historical Society, and he expressed concerns with this item entering the political area. He opposed the City taking a position on the historical status of the Loomis Complex. Wayne Kinq, Pismo Beach, opposed historical designation of the Loomis Complex. Beth Wachenheim, Arroyo Grande, supported historical designation of the Loomis Complex. Joe Bowd, representing developer Richard DeBlauw, stated that the EIR would include determinations regarding the existing structures. He supported establishing a process for local designation of historical resources and/or landmarks that would coordinate with the CEQA process; however, he stated the City should not take a position until after CEQA review. He spoke in opposition to the proposed historical designation at this time as a decision to adopt would prejudice the review of the proposed project. Richard DeBlauw, Arroyo Grande, objected to the City taking a position on this item before public hearings could be held on the proposed project. He commented that the City required the EIR, a draft of which had been completed and distributed. Byron Grant, Arroyo Grande, opposed historical designation of the Loomis Complex. Bill McCann, Arroyo Grande, spoke in support and said it was never to soon to start the process of preservation. Duane DeBlauw, Arroyo Grande, spoke in opposition and urged the Council to wait to make a decision until after hearings for the project were held. Kristen Barnich, Arroyo Grande, spoke in support of historical designation of the Loomis Complex. Hearing no further public comments, Mayor Ferrara brought the item back to Council for consideration. Council Member Costello stated he did not believe the State's granting historical status to the buildings would kill the project, based on staffs response. He supported staff recommendations 1 and 2. Council Member Dickens responded to public comments and stated he was not taking a position on the proposed project. He reviewed the relevant regulations set forth in the CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 8 California Public Resources Code (PRC). He supported State historical designation of the buildings as they met 3 of the 4 eligibility criteria established in PRC 5024.1. Council Member Runels did not support historical designation of the Loomis Complex. Council Member Lubin referred to statements in the project's EIR that do not support historical designation of the subject buildings. He stated it was his belief that adoption of the proposed Resolution would circumvent the process and provide a position on the proposed project. He commented that the property owner was not requesting the City take a position, therefore, he opposed the recommendation supporting nomination of the Loomis Complex to the California Register of Historical Resources by the State Historical Resource Commission. Council Member Lubin supported the recommendation to discuss a process for local designation of historical resources and/or landmarks and further suggested that the South County Historical Society be actively involved. Mayor Ferrara stated he did not see how the City's support for historical nomination of the buildings would impact the project. He commented that the State has the EIR and review of the project would continue. He supported staff's recommendations; however, he did not favor appropriating funding for outside resources to develop an ordinance and process for local designation of historical resources, requesting that the work be done in- house. Mayor Pro Tem Dickens moved to adopt a Resolution in support of nomination of the Loomis Complex to the California Register of Historical Resources by the State Historical Resource Commission; and to further discuss establishing a formal legally recognized procedure for designation of Historical Resources and/or Landmarks. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. Mayor Ferrara called a break at 10:40 p.m. The Council reconvened at 10:45 p.m. 11.b. Consideration of East Grand Avenue, Phase III, Streetscape and Street Improvement Concept Plan. City Manager Adams presented the staff report. Community Development Director Strong presented a review of streetscape enhancements, including bulbouts, raised medians, colored concrete sidewalks, parking and bicycle lanes. Director of Public Works Spagnolo presented a review of the proposed street improvements; the project's budget; grant funding status; and the project schedule. ---..- CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 9 Mayor Ferrara inquired about lighting treatments and whether decorative street lighting would be included. Director Strong responded that conduit would be installed for future installation of decorative street lighting. Mayor Ferrara inquired what plan was in place to minimize the impact to businesses along E. Grand Avenue throughout the project. Director Spagnolo replied that there would be no asphalt removal or removal and replacement of sewer lines, therefore the project's impact to businesses would not be as extensive in this phase. He further reported that two lanes of traffic would remain open at all times. Mayor Ferrara inquired about parking and access impacts. Director Spagnolo replied that access to driveways would be open at all times and that there would be some limited parking on E. Grand Avenue at times. Council Member Runels inquired whether all public utility companies had been notified. Director Spagnolo replied yes, they would all be required to sign off on the plans. Council Member Lubin inquired about future undergrounding and the potential effect to the street. Director Spagnolo replied that there would be no impact on the street as future undergrounding would be installed in the sidewalk area and that the crossings would be installed as part of the E. Grand Ave project. Council Member Costello asked if any of the businesses were dependent on parking on E. Grand Avenue. Director Spagnolo assured that the contractor would work with the businesses regarding parking issues. Mayor Pro Tem Dickens supported the concepts presented. Mayor Ferrara opened the item for public comment. Vern Frederick, Arroyo Grande, commented that his tenants on E. Grand Avenue were not notified of this meeting. Hearing no further comments, Mayor Ferrara brought the item back to Council for consideration. Mayor Pro Tem Dickens moved to approve the proposed concept plan for the East Grand Avenue, Phase III Streetscape and Street Improvement Project. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Runels, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 10 11.c. Consideration of Pre-Application Review 02-015; The Pike and Elm; Richard Sharp, Applicant. Community Development Director Strong presented the staff report and introduced the applicant, Richard Sharp. Staff recommended the Council review the proposed senior housing project and provide feedback to the applicant. Richard Sharp, applicant, gave an overview of the project and requested affordable housing funding assistance from the City for this project. Mayor Pro Tem Dickens inquired how the units would be maintained as affordable housing units. Mr. Sharp responded they would be ownership units, not rental units. Director Strong explained the deed restriction requirement pursuant to the City's affordable housing ordinance. Director Strong responded to questions from Council Member Costello regarding the subterranean garages and how they would function with regard to drainage. Council Member Runels commented on the number of senior housing projects that have been approved in concept and inquired whether this project could be unrestricted as to age requirement. Mr. Sharp replied it would affect the parking requirements and the project would be cost prohibitive if not age-restricted. Mayor Ferrara opened the item for public comment, and upon hearing none, brought the item back to Council for consideration. Council Member Runels supported the project as proposed. Mayor Pro Tem Dickens supported the project and offered the following suggestions: 1) include natural lighting inlets into the parking garage; 2) increase landscape buffer along Elm Street; and 3) focus on interaction and compatibility with the adjacent 7-11 store. Council Member Lubin commented on the number of units as it related to the density bonus and inquired why the City was not requiring undergrounding of the utilities. Director Strong replied that any new utilities are required to be placed underground; however, the requirement for undergrounding existing utilities could be waived. Following further discussion regarding buffer requirements, clarification regarding the balance of the City's affordable housing fee fund, and comments generally supporting the project, Mayor Ferrara ensured that the applicant had received sufficient feedback and direction with regard to the proposed project. There was no action taken on this item. -.._--- I CITY COUNCIL MINUTES I JANUARY 28, 2003 ! PAGE 11 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1 ) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Reported that as a result of the State budget, infrastructure grant funds have been impacted and projects have been evaluated. Gave an update on the status of the Brisco and EI Campo Project Study Reports (PSRs), which have been postponed. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Mayor Pro Tern Dickens attended as the alternate. (3) Integrated Waste Management Authority (IWMA). Recycling rate dropped 1 % to 51 % with the incorporation of Paso Robles. Discussion held urging other agencies to adopt the construction and demolition recycling waste program in order to maintain the required recycling percentage rate. (4) Other. 1) Attended the Public Safety Policy Committee meeting last week, addressed issues related to 9-1-1 ; addressed issues related to reorganization of some of the State agencies and took a position; received presentation and discussed issues related to Indian gaming and the purchase of lands from some of the tribes. 2) Attended Channel Counties Division meeting hosted by the City of Buellton at which 22 of the 25 cities within the Division were represented. He requested more Council and staff representation from Arroyo Grande at future meetings. b. MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalition. 1) Revised the Coalition's Mission Statement; and 2) Reported that a San Luis Obispo Youth Council is being formed. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Discussed routine procedural items; reported concerns from recent storms regarding inflow and infiltration of the sewer entities. Will be reviewing the spill prevention program. (3) Other. Announced that volunteers are needed for the South County 24- Hour Relay, which is scheduled for March 29 & 30, 2003. c. COUNCIL MEMBER THOMAS A. RUNELS: (1 ) Zone 3 Water Advisory Board. Discussion held regarding the water treatment plant upgrade; reported that the lake level increased due to the recent rains; reported that the Lopez Dam remediation project is 80% complete; Recreation area revenue has seen an 8-9% increase over prior year. (2) County Water Resources Advisory Committee (WRAC). Discussion held regarding State water; received presentation about desalinating water in the Morro Bay area for distribution up and down the coast. (3) Other. None. CITY COUNCIL MINUTES JANUARY 28, 2003 PAGE 12 d. COUNCIL MEMBER SANDY LUBIN: (1) South County Area Transit (SCAT). Has not met; however, there have been some issues with the taxi service. (2) Economic Vitality Corporation (EVC). 1) Received presentation from Pacific Bell which reported that technology they have provided to this area is the same as or better than Silicon Valley in terms of equipment. 2) Received report from a representative of the Home Builders Association regarding median home pricing and housing vacancy factors. 3) Reported that City of San Luis Obispo is offering an $85,000 toward housing costs to potential senior department head applicants. 4) Discussed the State budget deficit, which revealed that the State infrastructure budget deficit is $175 billion. (3) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). Met 1/22/03. Nipomo advisory subcommittee met for the last time and has been disbanded. Reported that the ban on backyard burning would be going into effect in 18 months. An educational video is being prepared and will be available to the public by the end of February. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS a) Request to place on future agenda a status report and discussion regarding State water. (RUNELS) Council Member Runels requested, and the City Council concurred, that an item be added to the February 11, 2003 City Council agenda regarding the potential acquisition of State water. b) Request to place on future agenda consideration of prohibition of parking vehicles on front lawns. (COSTELLO) Council Member Costello requested, and the City Council concurred, to place on a future City Council agenda consideration of prohibiting the parking of vehicles on front lawns. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS Council Member Lubin requested, and the City Council concurred, to place on a future agenda discussion of the Lucia Mar Unified School District's proposal to close Harloe Elementary School. Council Member Dickens requested staff look into recent problems with overnight camping behind McDonald's parking lot. - CITY COUNCIL MINUTES JANUARY 28, 2093 PAGE 13 16. STAFF COMMUNICATIONS City Manager Adams presented the latest information regarding the status of the State budget. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 12:17 a.m. Ton#~ ATTEST: ;)JWwv/UL- re, Director of Administrative Servicesl Deputy City Clerk