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Minutes 2003-06-24 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 24, 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 7:02 p.m. 2. ROLL CALL City Council: Council Members Lubin, Costello, Mayor Pro Tern Dickens, and Mayor Ferrara were present. Council Member Runels was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Community Development Strong, Director of Parks, Recreation and Facilities Hernandez, and Associate Planner Heffernon. 3. FLAG SALUTE Members of Girl Scout Troop 723 led the Flag Salute. 4. INVOCATION Pastor Paul Bautts, Bethel Baptist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Recognition of Local Housing Task Force Members. Mayor Ferrara presented Certificates of Commendation to Larry Anderson, Roy Berger, Michael Byrd, Michael Leon, Wayne Philips, and Hal Rosen in recognition of their service to the City of Arroyo Grande as a member of the Local Housing Task Force. Other members not present who were also acknowledged included Fred Bauer, Jerry Bunin, Carol Hatley, Lenny Jones, Mark London, Sid Richison, Steve Sanders, Gene Stephens, Susan Winsell, and Tom Ikeda. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Costello moved, Mayor Pro Tern 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 Billie Swiqert, Arroyo Grande resident, spoke about issues related to the Loomis Complex and supported leaving the two-story house on the site as it was a part of the City's history. She referred to Hildy's House and stated she felt it had no historical ----~- CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 2 significance. In reference to parking issues on Nelson and Short streets, she stated there were only problems with parking during special events. She opposed taking away any portion of the Village green space for additional parking. 8. CONSENT AGENDA Mayor Pro Tern Dickens moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8. m., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.f. The motion carried on the following roll-call vote: AYES: Dickens, Costello, Lubin, Ferrara NOES: None ABSENT: Runels 8.a. Cash Disbursement Ratification. Recommended Action: Approved the listings of cash disbursements for the period June 1, 2003 - June 15, 2003. 8.b. Statement of Investment Deposits. Recommended Action: Received and filed the report of current investment deposits as of May 31, 2003. 8.c. Consideration of Salary and Benefit Adjustments for Management Employees. Recommended Action: Adopted Resolution No. 3688 approving compensation and benefit adjustments for management employees. 8.d. Consideration of Rejection of Claims Against City -1) SBC-Pacific Bell; and 2) M. & W. Hart. Recommended Action: Rejected Claims for Damages against the City filed by SBC/Pacific Bell, Los Angeles; and Matthew and Wesley Hart, Paso Robles. 8.e. Consideration of Temporary Use Permit 03-004; Authorization to Close City Streets, Use City Property, and Waive Permit and Police Service Fees for the "Arroyo Valley Car Sho", on Saturday, July 26,2003. Recommended Action: Adopted Resolution No. 3689 approving Temporary Use Permit 03-004 for the "Arroyo Valley Car Sho" and authorize the waiver of permit and a portion of police service fees. 8.f. Consideration of Adoption of Ordinance of the City of Arroyo Grande Amending a Portion of the Zoning Map of the City of Arroyo Grande; Development Code Amendment 02-004; Applied by S & S Homes, Located at the Intersection of Ash and Courtland Streets. Recommended Action: Adopted.Ordinance No. 541 amending the Zoning Map for property located at Ash and Courtland Streets. 8.g. Consideration of Award of Contract for. Spring 2003 Slurry Seal Capital Improvement Project, Project No. PW 2003-04. Recommended Action: 1) Awarded a construction contract for the Spring 2003 Slurry Seal Capital Improvement Project to Intermountain Slurry Seal, Inc. in the amount of $143,297.08; 2) Authorized the City Manager to approve change --~_._.- - ------- CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 3 orders not to exceed the contingency of $14,329.70 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $143,441.79 + $14,344.00 = $157,785.79; and, 3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.h. Consideration of Award of Contract for the Soto Sports Complex Lighting Project, Project No. PW 2003-02. Recommended Action: 1) Awarded a construction contract for the Soto Sports Complex Lighting Project to Lee Wilson Company in the amount of $ $202,200; 2) Authorized the City Manager to approve change orders not to exceed the contingency of $20,220 for use only if needed for unanticipated costs during the construction phase of the project (total construction costs = $202,200 + $20,220 = $222,420); and, 3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.i. Consideration of Resolution Establishing Sewer and Water Rates and Charges Outside the City Limits. Recommended Action: Adopted Resolution No. 3690 establishing new water and sewer rates and charges outside the City limits. 8.j. Consideration of Award of Contract to Tenera Environmental to Provide Services in Conjunction with the Annual Creek Cleaning Program. Recommended Action: 1) Awarded a contract to Tenera Environmental to Provide Services in Conjunction with the Annual Creek Cleaning Program, in the amount of $13,100.00; and 2) Authorized the Mayor to execute the Consultant Services Agreement. 8.k. Consideration of an Amendment to the SHAlSTP Cooperative Agreement with the San Luis Obispo Council of Governments. Recommended Action: 1) Authorized the Mayor to execute Amendment NO.5 to the SHA/STP Cooperative Agreement No. AG-TEA21-01; and 2) Directed the Director of Administrative Services to submit Amendment No. 5 to the SHA/STP Cooperative Agreement No. AG-TEA21-01 to the San Luis Obispo Council of Governments. 8.1. Consideration of Appropriation for an Air Conditioning Unit. Recommended Action: Approved allocation of $4,000 from the General Fund for the purchase and installation of an air conditioning unit for the City Council Chambers upstairs conference, cablecasting and computer server room. 8.m. Consideration of Salary and Benefit Adjustments for Part-time Employees. Recommended Action: Adopted Resolution No. 3691 approving compensation and benefit adjustments for part-time employees. 9. PUBLIC HEARINGS: Mayor Ferrara declared a potential conflict of interest on Item 9.a. due to real property ownership near the project. He further clarified that he only had a conflict of interest on the portion of the project being considered this evening (Tract 2471). He stepped down from the dais. Mayor Pro Tem Dickens presided over Item 9.a. ------_._,.~- --~-----_._., ._---- CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 4 9.a. Consideration of Development Code Amendment 02-003, Specific Plan Amendment 02-002, and Tentative Tract Map 02-003; Berry Gardens Subarea 3; 1595 East Grand Avenue. Community Development Director Strong presented the staff report, recommended the Council: 1) Adopt a Resolution approving Specific Plan Amendment 02-002; 2) Introduce I I an Ordinance amending the Zoning Map of the City of Arroyo Grande, Development Code Amendment 02-002, to rezone 1.6 acres of Subarea 3 of the Berry Gardens Specific Plan from Rural Residential (RR) to Single Family Residential with Specific Plan overlay (SFR-SP); and 3) Adopt a Resolution approving Tentative Tract Map 02-003, creating nine (9) residential lots on a 1.6-acre portion of Subarea 3 of the Berry Gardens Specific Plan as applied for by Masumoto Revocable Trust, subject to certain conditions. Director Strong responded to questions from Council regarding issues related to affordable housing in-lieu fee provisions. Mayor Pro Tern Dickens opened the public hearing. Terry Orton, Westland Engineering, requested clarification regarding the affordable housing in-lieu fee provision and further stated that the applicant supports all other conditions of approval for the project. Upon hearing no further public comments, Mayor Pro Tern Dickens closed the public hearing. Council and staff discussion ensued with regard to the status of the Housing Element Update, potential changes to the affordable housing provisions, and clarification that the affordable housing in-lieu fee is based on a percentage of total construction costs. Council Member Lubin spoke in favor of the project and stated that as a smaller project, he could support the requirement for payment of the in-lieu fee for affordable housing; however, he was not clear what the fee would be and did not want the fee to be open- ended. He commented that he was willing to increase the fee to 6% of construction costs. Council Member Costello supported the project. He acknowledged that because the project included less than 12 units, on-site affordable housing units were not required, therefore he supported the requirement for the payment of affordable housing in-lieu fees. Mayor Pro Tern Dickens referred to the original intentions for the Berry Gardens project to be an entire affordable housing project. He commented that due to the housing market and the State mandate, there was a need to look at the project differently. He stressed the need to create housing stock that meets all income levels. He was not in favor of changing the existing provision for affordable housing in-lieu fees. He supported the project moving forward as proposed. ...~---- --~-'-- CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 5 In response to Council discussion regarding the affordable housing in-lieu fee provision, City Attorney Carmel suggested modified language in Special Condition #7 as follows: "Prior to issuance of building permits, the applicant shall pay an affordable housing in- lieu fee equal to the greater of 3% of construction costs or the affordable housing in-lieu fee duly authorized by Ordinance in effect at the time building permits are issued." Council Member Lubin moved to adopt a Resolution approving Specific Plan Amendment 02-002; Located at 1595 East Grand Avenue; Applied for by Matsumoto Revocable Trust. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens NOES: None ABSENT: Runels, Ferrara There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution, as amended, approving Tentative Tract Map 02-003; Located at 1595 East Grad Avenue; Applied for by Matsumoto Revocable Trust. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens NOES: None ABSENT: Runels, Ferrara There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Council Member Lubin moved to introduce an Ordinance amending the Zoning Map of the City of Arroyo Grande; Development Code Amendment 02-002; Applied for by Matsumoto Revocable Trust. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens NOES: None ABSENT: Runels, Ferrara There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara returned to the dais. ---.'...--'-- CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 6 9.b. Consideration of Rezoning the Village Commercial District and Portions of the General Commercial and Office Professional District to Village Core Downtown, Village Mixed Use, Village Residential and Single Family Residential; Revising Land Use Regulations in Title 16 to Address Requirements for Mixed Use Districts and Approval Processes. Community Development Director Strong gave a brief explanation on the request for the continuation and recommended the Council open the public hearing, accept public comment, and continue the hearing to August 12, 2003. Mayor Ferrara opened the Public Hearing, and upon hearing no comments, he closed the Public Hearing. Council Member Lubin moved to continue the hearing to the August 12, 2003 City Council meeting. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration to Authorize the Circulation of the Draft Storm Water Management Plan. Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Authorize the circulation of the draft Storm Water Management Plan (SWMP) for public comment; and 2) Direct staff to return to the City Council in approximately 60 days with a summary of public comments and make any modifications deemed necessary or appropriate. Mayor Ferrara opened up the item for public comment, and upon hearing no public comments, he closed the floor to public comment. Mayor Pro Tern Dickens moved to authorize the circulation of the draft Storm Water Management Plan (SWMP) for public comment, and to direct staff to return to the City CounCil in approximately 60 days with a summary of public comments and make any -'.'~-'---"_. CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 7 modifications deemed necessary or appropriate. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello, Lubin, Ferrara NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1 ) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Met June 4th; Discussed Caltrans District 5 projects and activities; Reported that STIP funding has been delayed until October; RTIP project applications will be considered in April 2004; Discussed pending legislative issues; Reported that several ribbon cutting and ground-breaking ceremonies were held, including one in Arroyo Grande for the Creekside Path Phase III project; Reported that a lot of projects are being funded in the South County. (2) Integrated Waste Management Authority (IWMA). 1) Election of Officers was held; 2) Reviewed the Proposed FY 03-04 Program Objectives and Budget; and 3) Received local enforcement agency update for landfills. (3) Other. None. b. MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalition. No report. (2) South San Luis Obispo County Sanitation District (SSLOCSD). No report. (3) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS: (ABSENT) (1) Zone 3 Water Advisory Board. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. d. COUNCIL MEMBER SANDY LUBIN: (1 ) South County Area Transit (SCAT). 1) Reported that the Board negotiated a three-year contract for the Senior Taxi Service which necessitated an increase in fees back to the original $40 per 10-ride card; 2) Approved FY 03-04 Budget; and 3) Discussed SCAT operations; will continue with current operations in-house and will contract out maintenance and dispatch. -~- -~- CITY COUNCIL MINUTES JUNE 24, 2003 PAGE 8 (2) Economic Vitality Corporation (EVC). Meets tomorrow. Will be last meeting as Chairman of the Board; new Chair will be Missy Hobson from PG&E. (3) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). No report. Next meeting is in July. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: a) Discussion Regarding Conflict of Council Meeting of September 9, 2003 with League of California Cities Annual Conference, September 7-10, 2003. (FERRARA) Mayor Ferrara suggested that the Council consider cancellation of thEf September 9th meeting due to the Annual LOCC Conference. Council agreed to put the matter on the July 8,2003 City Council Agenda for consideration. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Council Members Lubin and Costello reported that they would not be present at.the July 8, 2003 City Council Meeting. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:22 p.m. TOnYM~ ATTEST: ~M- Kelly Wetm e, rector of Administrative Servicesl Deputy City Clerk (Approved at CC Mtg 7/'/03 )