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Minutes 2003-10-28 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 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 Runels, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. Council Member Lubin was absent. - City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Acting Community DeveJopment Director Heffernon, Assistant Planner Bergman, Planning Jntern Krasnove, Chief Building Inspector Schmidt, and Director of Parks, Recreation and Facilities Hernandez. 3. FLAG SALUTE Members of the Knights of Columbus led the Flag Salute. 4. INVOCATION I Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Recognizing October as Disability Achievement Month. Mayor Ferrara presented Mr. Mark Shaffer, Executive Director, UCP of San Luis Obispo, with an Honorary ProcJamation recognizing October as Disability Achievement Month. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Council Member Costello seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title onJy and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. 8. CONSENT AGENDA Mayor Pro Tem Dickens requested that Item 8.g. be pulled for separate roll-call vote. Council Member Costello moved, and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City Attorney Carmel read the Ordinance title for Item 8.e. The motion carried on the following roll-call vote: AYES: Costello, Runels, Dickens, Ferrara NOES: None ABSENT: Lubin CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 2 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period October 1, 2003 - October 15, 2003. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the September 2003 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at September 30,2003. 8.c. Consideration of Adjustment to Medical Insurance Benefits for Arroyo Grande Police OffIcers' Association (AGPOA) and Arroyo Grande Career FIrefighters' Association (AGCFA). Action: 1) Adopted Resolution No. 3715 Establishing the City's Contribution Toward HeaJth Care Coverage for Members of the AGPOA; and 2) Adopted Resolution No. 3716 Establishing the City's Contribution Toward Health Care Coverage for Members of the AGCFA. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the SpeciaJ and Regular City Council Meetings of October 14, 2003 as submitted. 8.e. Consideration of Adoption of Ordinance Amending, Repealing and Adding Provisions to Titles 1, 2, 3 and 16 of the Arroyo Grande Municipal Code. Action: Adopted Ordinance No. 547. 8.f. Consideration of Award of Bid for Contracted Custodial Services. Action: Awarded the bid for contract custodial services to Clean Sweep Janitorial in the amount of. $4, 134.15 per month, and authorize the Mayor to execute the Contractor Services Agreement. Mayor Pro Tem Dickens declared a conflict of interest on Jtem 8.g. due to family ownership of real property near the project. 8.g. Consideration of Acceptance of the Branch Mill Road Rehabilitation and Drainage Improvements Project, PW 2003..03. Recommended Action: 1) Accept the project improvements as constructed by Papich Construction Company in accordance with the plans and specifications for the Branch Mill Road Rehabilitation and Drainage Improvements Project; 2) Direct staff to file a Notice of Completion; and, 3) Authorize release of retention of $21,944.36, thirty-fIVe (35) days after the Notice of CompJetion has been recorded, if no liens have been filed. Council Member Runels moved to approve Jtem 8.g. with the recommended course of action, Council Member Costello seconded the motion, and the motion carried on the following roll-call vote: AYES: Runels, Costello, Ferrara NOES: None ABSENT: Lubin, Dickens ----~-----~...__.- CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 3 9. PUBLIC HEARINGS: 9.a. Consideration of Appeal of Viewshed Review Case No. 03-004; 195 N. Elm Street; S. Accornero. Planning Intern Krasnove presented the staff report and recommended the CounciJ adopt a Resolution denying the appeal of the Planning Commission's denial of Viewshed Review Case No. 03-004. Mayor Ferrara opened the public hearing. Sandy Accornero, appellant, spoke in support of the proposed project and submitted letters in support of the project from the following neighbors Jocated on N. Elm Street: Mr. and Mrs. Ray O. VaJdez, Mr. Leslie Kight, Ms. Jmogene "Jean" Hubbard, and Tony and Suzan Marinelli (on file in the Administrative Services Department). Pam Accornero, spoke in support of the proposed project. Ed Arnold, Planning Commissioner, stated there was a concern at the PJanning Commission level that the project would set a precedent for the neighborhood. Jacaue Dieres, spoke in support of the proposed project. Sandv and Pam Accornero responded to public comments. Upon hearing no further public comments, Mayor Ferrara dosed the pUblic hearing. Council and staff discussion ensued with regard to the required findings for viewshed applications; darification that a precedent had aJready been set as there were other two-story homes in the neighborhood; and acknowledgement of the letters from the neighboring residents regarding support for the project. Following discussion, City Attorney Carmel advised the Council that it could take tentative action to uphoJd the appeaJ and approve the project and direct staff to return to the CounciJ with a supporting ResoJution. Council Member Costello moved to take tentative action to uphoJd the appeaJ and approve Viewshed Review Case No. 03-004 and direct staff to return to Council with a supporting Resolution. Mayor Pro Tem Dickens seconded the motion, and on the following roIJ-call vote, to wit: AYES: Costello, Dickens, RuneJs, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby decJared to be passed. 9.b. Consideration of Appeal of Amended Conditional Use Permit Case No. 03-004; 1220 Farroll Avenue; Coastal Christian School. Assistant Planner Bergman presented the staff report and recommended the Council adopt a Resolution denying the appeal of the applicant and requiring the placement of two fire hydrants; one Jocated in front of the subject property and one Jocated within the boundaries of the property between the existing chapeJ and sanctuary and the school campus. _._,- CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 4 Mayor Ferrara opened the public hearing. Lance Tullis, appellant, spoke in support of the placement of one fire hydrant; however, he requested reconsideration of the requirement for the placement of the second fire hydrant at the rear of the property. Upon hearing no further public comments, Mayor Ferrara closed the pubJic hearing. Council and staff discussion ensued concerning the current student population, the temporary nature of the originaJ approvaJ, whether or not the buildings at the back of the property were portabJe, cJarification of Uniform Fire Code requirements concerning placement of fire hydrants, and whether or not any consideration had been given to the placement of one centrally located fire hydrant on-site instead of the two being proposed. Jn the absence of the Fire Chief, City Manager Adams provided an overview of the Chiefs professionaJ opinion of requiring installation of two fire hydrants. Council Members Costello and Runels supported the PJanning Commission's action and did not support the appeaJ, expressing concerns for student safety. Mayor Pro Tern Dickens suggested a need for compromise in order to be consistent with the project's originaJ approval. Following further discussion regarding the fire hydrants, Mayor Ferrara suggested going back to the drawing board to review other options. He stated he would like to see specific references in the Uniform Fire Code and Uniform Building Code requirements that establish the basis for two fire hydrants. Mayor Pro Tern Dickens moved to continue the consideration of the appeal of Amended ConditionaJ Use Permit 03-004 at 1220 Farroll Avenue and requested staff to bring back additional information with regard to the relevant Fire Code requirements and how the conditions imposed in the previously approved ResoJutions for the originaJ Conditional Use Permit have changed to date. Mayor Ferrara seconded the motion. Council Member Costello inquired if the item was being continued to a date specific. City Manager Adams recommended it be continued to the next regular meeting of November 11, 2003. Mayor Pro Tem Dickens agreed to the amended motion, Mayor Ferrara seconded and on the following roll-call vote, to wit: r AYES: Dickens, Ferrara, Costello NOES: Runels ABSENT: Lubin There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 9.c. Consideration of Development Code Amendment Case No. 02-001 and Vesting Tentative Tract Map Case No. 02-095; a Proposed Residential Subdivision of a 29.46-Acre Site Into 15 Single Family Lots, Two (2) Open Space Parcels, and a 1.28- Acre Parcel for Future Development of Four (4) Moderate-lncome Units for Property Located within the Royal Oaks Planned Development; Lot 182 and Portion of Lot B, Tract 1390- Don McHaney. Acting Community Development Director Heffernon presented the staff report and recommended the Council introduce an Ordinance amending Ordinance No. 355 C.S., approving Development Code Amendment 02-001 and adopting a Resolution approving Tentative Tract Map 02-005. --~---_._---- CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 5 Mayor Ferrara opened the public hearing. Grea Nester, developer, spoke in support of the project; however, he did not support the affordable housing component. He stated he wouJd support the payment of affordable housing in-lieu fees. Carlo Alfono, JLH Partnership, spoke in support of the project and stated that the extension of Grace Lane is a major component of the project. Bob Miller, Via Vaq\Jero, spoke in support of the project; however he expressed concerns with the existing fence running aJong the back of Via Vaquero and requested that the fence be replaced commensurate with fences allowed in the Rancho Grande subdivision. Liz Ruth, Avenida de Diamante, referred to the pedestrian tail, which gets lots of use, and stated that it needs to be preserved. She said it can provide a vital link to Rancho Grande Park and the South County Library. Ruth McMillan, Avenida de Diamante, stated this deveJopment couJd hinder her view and she does not want to lose the view. She expressed concerns regarding the width of Grace Lane, more traffic directed to Rodeo Drive, the price and size of the homes, and whether or not there would be a Homeowners Association for the development. Jim Guthrie, Planning Commissioner, addressed the issue regarding affordabJe housing in-lieu fees versus affordable housing units and stated that the in-lieu fees would not be sufficient. Greg Nester, deveJoper, responded to concerns expressed during public comment. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello emphasized the need to retain the open space permanently; agreed that affordabJe housing in-lieu fees cannot compensate for the loss of affordable housing in this project; and supported the project as proposed. Council Member Runels supported the project as proposed. Mayor Pro Tem Dickens stated he was not in favor of the proposed Vesting Tentative Tract Map Condition of Approval #8 conceming the affordable housing component, and further expressed concerns regarding the width of Grace Lane, the proposed design of driveways within the project, the width of the dirt bench, and the fencing. Mayor Pro Tem Dickens recommended the applicant return with modifications to the project to address these concerns. Mayor Ferrara commented on the proposed pedestrian trail and the proposed affordable housing component. He stated he did not see suitability of common wall housing in this development and stated the design was inconsistent with established zoning patterns. He did not support the project as proposed and encouraged singJe-family housing in the affordabJe housing component of the project. He recommended true inclusionary housing for the project or, as a Jast resort, acceptance of affordable housing in-lieu fees. He did not support the project as proposed. Following discussion, Council Member Costello moved to direct staff to work with the applicant to deveJop a project to include inclusionary housing, preservation of the existing trail, and fencing around the border of the project that would be consistent with the CC&R's for Rancho Grande. Mayor Ferrara asked for clarification on whether the motion included a better depiction for a formal trail network. CounciJ Member Costello said yes. Mayor Pro Tem Dickens seconded the motion. ____._~__._ ___.__ __n_ ._'_..._______. ___ CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 6 Discussion ensued with regard to the timeframe for returning to Council on this item. City Manager Adams recommended that the item not be continued to a date certain. Mr. McHaney expressed concerns with the direction that was being given regarding the affordable housing component of the project. Further discussion was held with regard to density bonuses. The applicant was encouraged to come back with several different design options for affordabJe housing that did not include common wall housing. On the following roll-call vote, to wit: AYES: Costello, Dickens, RuneJs, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES and 1 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara called for a break at 9:45 p.m. The Council reconvened at 9:50 p.m. 9.d. Consideration of Proposed Resolution Amending the CIty's Standard Schedule for Development Impact Fees. Director of Public Works Spagnolo presented the staff report and recommended the Council adopt a ResoJution amending the City's standard schedule for Development Impact Fees to establish a water facility fee for an 8-inch water meter. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council Member Runels moved to adopt a Resolution amending the City's standard scheduJe for DeveJopment Impact Fees to establish a water facility fee for an 8-inch water meter. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.e. Consideration of Proposed Ordinance Repealing Chapters 5.04, 5.08, 5.12, 5.20, 5.32, 5.40, 5.48 and 5.76 of Title 5 of the Arroyo Grande Municipal Code and Adding Thereto a New Chapter 5.02 Regarding Business Licenses. City Manager Adams presented the staff report and recommended the Council introduce an Ordinance repealing Chapters 5.04, 5.08, 5.12, 5.20, 5.32, 5.40, 5.48 and 5.76 of Title 5 of the Arroyo Grande Municipal Code and adding thereto a new Chapter 5.02 regarding Business Licenses. City Manager Adams noted that a revised Ordinance had been distributed to the Council prior to the meeting which added Contractors to the list of specific businesses which wouJd be charged at a separate rate established by City Council Resolution. He further expJained that if the Ordinance were introduced, a Resolution establishing a Business License - ---- ----._----- CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 7 Fee Schedule would be presented for Council consideration at the next regular meeting following adoption of the Ordinance. Mayor Ferrara opened the public hearing, and upon hearing no pubJic comments, he cfosed the pUblic hearing. CounciJ Member Costello moved to introduce an Ordinance repealing Chapters 5.04, 5.08, 5.12, 5.20, 5.32, 5.40, 5.48 and 5.76. of Title 5 of the Arroyo Grande Municipal Code and adding thereto a new Chapter 5.02 regarding Business Licenses. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Runels, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby decJared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). Received presentation on regional program projects and held discussion regarding priority and status of programmed funding for significant regional transportation projects. (2) Integrated Waste Management Authority (IWMA). No report. (3) Other. None. b. MAYOR PRO TEM JIM DICKENS: (1) . South County Youth Coalition. Reported on efforts to provide weekend activities for teens; Reported on the Bright Futures Program, an after-school Jeaming program for K-6 grade students; Received presentation by Sylvan Levine on "MaJe Voices", a program for older maJe teens; and Reported that 40 youth attended a conference in San Jose. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Met to discuss the Safety Railing and Catwalk project; Reported that the pJant continues to meet its discharge requirements. (3) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board. No report; however, the Technical Committee met to discuss the retrofit upgrade to the water treatment plant. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. Reported that the Santa Maria Valley case is now being heard in court. CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 8 d. COUNCIL MEMBER SANDY LUBIN: (ABSENT) (1) South County Area Transit (SCAT). No report. (2) Economic Yitality Corporation (EYC). No report. (3) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). No report. (2) Other. Attended an EVC meeting. 13. CITY COUNCIL MEMBER ITEMS: a) Discussion regarding Request for Financial Assistance to South San Luis Obispo County Sanitation District from the San Luis Obispo County FJood Control and Water Conservation District Zone 1 and 1/A Advisory Committee (DICKENS) Mayor Pro Tem Dickens gave an overview of the request for financiaJ assistance for funding of a Sedimentation AnaJysis and Alternatives Study for Arroyo Grande Creek and Los Berros Creek Flood ControJ Channels and sought comments and direction from the Council. Council discussion ensued regarding sediment accumulation in the creeks, maintenance of the creek channels, and the proposed study objectives. Mayor Ferrara stated that based on the outlined objectives. he did not support the Sanitation District funding a portion of the study at a cost of $177,000. He suggested a more focused study that deals with implementation of an action plan to solve the problem, to be able to obtain the appropriate permits and start work. He also suggested that Salmon Enhancement go back to the originator of the grant and ask them if some of the objectives can be reconfigured to focus on remedying the immediate problem. Council Member Runels agreed that the objectives should be action-oriented. Council Member Costello commented that there might be a way to tie the objectives to the direct results of the failure of the levy. Mayor Pro Tem Dickens indicated he wouJd take the Council's comments back to the next Sanitation District meeting. b) Update regarding plans to schedule public workshops to obtain public feedback on future land uses on properties in the City's Sphere of Influence (Frederick and Williams properties) (FERRARA) Mayor Ferrara reported that he had met with the Williams and Frederick families and gave an overview of the meeting, which focused on the funding status of the EI Campo PSR. He also reported on discussion held regarding the structure for future community workshops and outreach efforts to obtain public feedback. 14. CITY MANAGER ITEMS: I None. 15. COUNCIL COMMUNICATIONS: None. 16. STAFF COMMUNICATIONS: City Manager Adams announced that the new lights are up at the Soto Sports Complex and invited the Council and public to a brief "lighting" ceremony on Thursday at 5:00 p.m. City Manager Adams aJso reported that Fire Chief Fibich and two Arroyo Grande units are currently in Southern California fighting the ongoing fires. - CITY COUNCIL MINUTES OCTOBER 28, 2003 PAGE 9 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:40 p.m. . I 1 ! J1WfLR- ..f.; / Kelly W mo e, Director of Administrative Servicesl Deputy City Clerk (Approved at CC Mtg t 1- / /'0'3 )