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Minutes 2003-03-11 -.--. MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, MARCH 11,2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. RDA: Board Members Runels, Lubin, Costello, Vice Chair Dickens, and Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, and I Director of Community Development Strong. 3. FLAG SALUTE Members of Camp Fire, Wi-Be-Fu-Lo-Fri-Gi led the Flag Salute. 4. INVOCATION Pastor Ron Miller, Bethel Baptist Church, Grover Beach, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation Recognizing Absolutely Incredible Kid Day. Mayor Ferrara presented a proclamation recognizing Thursday, March 20, 2003 as Absolutely Incredible Kid Day. Members of Camp Fire, Wi-Be-Fu-Lo-Fri-Gi accepted the proclamation. 5.b. Proclamation Recognizing March as American Red Cross Month. Mayor Ferrara presented a proclamation recognizing the month of March, 2003 as American Red Cross Month. Mr. Ken Hayes and members of the American Red Cross accepted the proclamation. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tem Dickens moved, Council Member Costello 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. i CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 2 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS The following members of the public addressed the Council: Connie Dunbar, Arroyo Grande, regarding issues of nuclear waste. Jerry Bunin, representing Homebuilders Association of the Central Coast, inviting the Council to attend "A Celebration of Community Housing", a breakfast tour to showcase well designed, moderately priced housing in San Luis Obispo County, on Saturday, May 31,2003. Leslie Halls, representing Affordable Housing Trust Fund, encouraged the Council to attend the community housing tour on May 31, 2003. a. CONSENT AGENDA Council Member Lubin requested item 8.g. be pulled. Council/Board Member Runels moved, and Mayor Pro TemNice Chair Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the exception of Item 8.g., with the recommended courses of action: a.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period February 16, 2003 through February 28, 2003. a.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of February 28, 2003. a.c. Cost Allocation Plan Update. Action: Adopted the Fiscal Year 2003-04 Cost Allocation Plan. a.d. Annual Review of City Investment Policy. Action: Approved without changes the City of Arroyo Grande Investment Policy. a.e. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Redevelopment Agency Meeting of February 11, 2003 and Regular City Council Meeting of February 25, 2003 as submitted. a.f. Consideration of Progress Payment No.2 for the Scenic Creekside Walk, Phase III Project - PW 2002-02. Action: Authorized Progress Payment No. 2 in the amount of $39,688.65 to Maino Construction Company, Inc. a.h. Consideration of Progress Payment No.2 (Final), Notice of Completion, and Release of Retention for the Rodeo Drive Traffic Calming Project, PW 2002-07. Action: 1) Authorized Progress Payment No. 2 (Final) in the amount of $23,933.52 to Papich Construction Company, Inc.; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention of $4,875.89, 35 days after the Notice of Completion has been recorded, if no liens have been filed. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 3 8.L Consideration of Progress Payment No. 2 for the Spruce and Cedar Street Sidewalks Project, PW 2002-05. Action: Authorized Progress Payment NO.2 in the amount of $62,188.88 to Maino Construction Company, Inc.. 8.j. Consideration of Authorization to Solicit Bids for the East Grand Avenue, Phase III Streets cape and Street Improvement Project, PW 2003-02. Action: 1) Approved the construction plans and specifications and authorize the Public Works Department to solicit pUblic construction bids for the Grand Avenue, Phase III Streetscape and Street Improvement Project; 2) Found that the project is categorically exempt from CEQA pursuant to Section 15301(c); and 3) Directed Administrative Services to file a Notice of Exemption. 8.k. Consideration of Extension of Disposition and Development Agreement with Courtland-Arroyo Grande, L.P. [COUNCIURDA] Action: 1) Adopted Resolution No. 3663 consenting to the approval by the Arroyo Grande Redevelopment Agency of extension of certain provisions of a Disposition and Development/Affordable Housing Agreement between the Arroyo Grande Redevelopment Agency and Courtland-Arroyo Grande, L.P. and 2) Adopt Resolution No. RDA 03-01 extending certain provisions of a Disposition and Development/Affordable Housing Agreement between the Agency and Courtland-Arroyo Grande, L.P. On the following roll-call vote, to wit: Council 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. RDA 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. Council Member Lubin declared a potential conflict of interest on Item 8.g. due to real property ownership near the project. 8.g. Consideration of Progress Payment No. 7 for the Rancho Grande Park Project, PW 2002-03. Recommended Action: Authorize Progress Payment NO.7 in the amount of $120,541.63 to Herrera Engineering, Inc. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 4 Council Member Runels moved, and Council Member Costello seconded the motion to approve Item 8.g., with the recommended course of action, and on the following roll-call vote, to wit: AYES: Runels, Costello, Dickens, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Consideration of Participation in Statewide Community Infrastructure Program (SCIP). City Manager Adams presented the staff report and recommended the Council adopt a Resolution approving membership in the California Statewide Communities Development Authority (CSCDA); and 2) Adopt a Resolution authorizing the CSCDA to accept applications from property owners, conduct assessment proceedings and levy assessments against the property of participating owners for non-residential projects. Mayor Ferrara opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Council Member Costello stated he could support the program for non-residential projects and also supported the Council approving the program for projects on a case- by-case basis. Council Members Lubin and Runels expressed concerns about supporting the financing of development fees and did not support the program. Mayor Pro Tem Dickens stated he was originally against the program as it applied to residential developments. He supported the use of the program for commercial projects. He suggested that prior to any application coming before the Council and to have a consistent application of the program, that a clear outline be provided regarding the benefits of a project to the City and Redevelopment Agency and what the developer's needs are that require entering into the program. Mayor Ferrara did not support using the program for residential projects and agreed that projects will have to show specific benefits to the City. He commented that if a project is in the redevelopment area, it would result in tax increment to the City. He stated that this tool might be used rarely; however, approving the program would allow the City to apply the program to future projects, if necessary or desirable. I CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 5 Council Member Costello moved to adopt a Resolution approving, authorizing and directing execution of an amended and restated Joint Exercise of Powers Agreement relating to the California Statewide Communities Development Authority and to direct staff to establish evaluation criteria before any applications are submitted for approval. Mayor Pro Tem Dickens seconded the motion, and on the following roll- call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. Council Member Costello moved to adopt a Resolution joining the Statewide Community Infrastructure Program and authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Arroyo Grande and authorizing related actions, including the direction to staff to establish evaluation criteria before any applications are submitted for approval. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. 9.b. Consideration of Lot Line Adjustment 02-005; Lots 1 and 37 of Tract 2265 (Canyon Way); Stephan Huack. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving Lot Line Adjustment 02-005. Mayor Ferrara opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Mayor Pro Tem Dickens moved to adopt a Resolution instructing the Director of Administrative Services to file a Notice of Exemption and approving Lot Line Adjustment 02-005; Lots 1 and 37 of Tract 2265; applied for by Stephen Huack. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Runels, Lubin, Costello, Ferrara NOES: None ABSENT: None I CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 6 There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.c. Consideration of Planned Sign Program 03-002 to Install a McDonalds Logo Sign on the Walmart Building in the Five Cities Center, 1168 West Branch Street. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving Planning Sign Program Case No. 03-002. Mayor Ferrara opened the Public Hearing. Patti Welsh, Arroyo Grande, inquired whether there would be an impact to parking. Community Development Director Strong replied no. Roy Ramirez, Superior Electrical Advertising, supported staff's recommendation to approve. Upon hearing no further comments, Mayor Ferrara closed the Public Hearing. Council Member Lubin moved to adopt a Resolution approving Planned Sign Program Case No. 03-002 for McDonalds, applied for by Superior Electrical Advertising, located at 1168 West Branch Street. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None I ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.d. Continued Public Hearing: Consideration of Development Code Amendment 01-003 - Revision of the Design Guidelines for Historic Districts. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution repealing a portion of the 1994 "Design Guidelines for Historic Districts" and adopting the 2003 "Design Guidelines and Standards for Historic Districts" as applied to the Village districts in Design Overlay District 2.4; and 2) Introduce Ordinance amending Section 16.08.010 of Title 16 of the Arroyo Grande Municipal Code incorporating the 2003 "Design Guidelines and Standards for Historic Districts" and amending the zoning map for Design Overlay District 2.4 to expand its boundaries. CITY COUNCil/REDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 7 Mayor Pro Tem Dickens expressed concerns that the map had been modified from the Alternative 3 Overlay Map presented to the Council at the previous Regular Council Meeting and asked for clarification. Community Development Director Strong provided clarification regarding modifications to the map. Mayor Ferrara opened the Public Hearing. Chuck Fellows, Arroyo Grande, Chairman of Preserve the Village (PTV), opposed the extension of the Village Mixed Use area designation for parcels fronting Nelson Street and S. Mason Street opposite Nelson Green. He stated the area should remain as Residential as designated in the 2001 General Plan. He urged the Council to modify the proposed Resolution leaving the designation of the parcels on Nelson and S. Mason as called for in the 2001 General Plan. John Keen, Arroyo Grande, commented that the Nelson Green property is zoned for public facilities, and not zoned as a park. He stated it makes sense that the properties across the street would be zoned Mixed Use. Upon hearing no further comments, Mayor Ferrara closed the Public Hearing. Council and staff discussion ensued regarding the Design Overlay District 2.4 Map and concerns were expressed regarding whether or not adequate public notice had been sent to affected property owners. Community Development Director Strong provided clarification regarding the map and the process for approving the General Plan Amendment, Zoning Map Amendment, and District Overlay Map to make them all consistent. He suggested several alternatives, which included: 1) continue the public hearing and mail out notices with the modified map to all affected property owners; or 2) adopt the resolution with the map exhibit presented at the previous meeting (Alternative 3) and present a modified map for Council consideration at a later date. Council Member Costello supported the Design Guidelines and Standards for Historic Districts as presented with the Alternative 3 Overlay Map as originally proposed. Council Member Runels referred to the Alternative 3 Overlay Map with respect to a portion of undeveloped property near Myrtle Street and stated he did not support the proposed zoning designation. He stated he had no other problems with the map presented tonight with regard to the proposed Mixed Use zoning or with the proposed Design Guidelines and Standards for Historic Districts. Council Member Lubin stated he was not in favor of either map. In terms of the Village Design Guidelines, he expressed appreciation of the work done by staff and the advisory bodies, the Chamber, VIA, and PTV, and acknowledged there was some softening of the guidelines and standards; however, he felt there was a small group trying to place its imprint on the Village and he could not support the document. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 8 Mayor Pro Tem Dickens complimented and commended staff for taking all the input and creating a more user-friendly document. He expressed concerns with the Overlay Map and some of the changes that were made. He said he understood the intent of the proposed action; however, he wanted to ensure that legally sufficient notice of the proposed map was sent to the appropriate property owners. He suggested going back to the Alternative 3 Overlay Map as proposed at the last Council meeting, deleting the two properties on Myrtle Street from within the overlay boundaries, and approving it with the Design Guidelines and Standards for Historic Districts. He stated he also did not mind continuing the item in order to conduct one final public review. In response to a question by Mayor Ferrara, Director Strong clarified what was included in the public notices, which did not include the map. I Mayor Ferrara supported the Design Guidelines and Standards for Historic Districts as written and inquired whether Council could approve the document on its own. Mayor Pro Tem Dickens moved to adopt a Resolution repealing a portion of the 1994 Design Guidelines for Historic Districts and adopting the 2003 Design Guidelines and Historic Districts as applied to the Village Districts, and further direct staff to send a mailer to the affected property owners in regard to a public hearing in April depicting the amended Alternative 3 Overlay Map. Following clarification of the motion and further discussion, staff requested a brief recess in order to discuss the issue before providing a recommendation to Council. Mayor Ferrara called a recess at 8:50 p.m. The meeting reconvened at 9:10 p.m. City Manager Adams acknowledged the concerns expressed and recommended continuing the item to April in order to sufficiently address all issues raised by the Council, including noticing requirements. Council Member Lubin moved to continue the public hearing to the next meeting. Council Member Runels seconded the motion. Mayor Ferrara asked if this would allow sufficient time for staff. Director Strong requested that the item be continued to the second meeting in April so that all items can be integrated and considered at one time. Council Member Lubin amended his motion to continue the public hearing to the second meeting in April. 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 .---.....-- -" ------- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MARCH 11, 2003 PAGE 9 There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY COUNCIL MEMBER ITEMS: None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Runels thanked everyone for the concern and support expressed for his daughter during her recent illness and hospitalization. 15. STAFF COMMUNICATIONS City Manager Adams reported that the current taxi operator for the senior subsidized taxi program would be terminating his contract. He stated the SCAT Board would be researching options for a new operator. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 9:18 p.m. A ATTEST: OIU.- re, Director of Administrative Servicesl Deputy City Clerk/Agency Secretary ~--" -- ._~~_._--_.- -----