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Minutes 2003-11-25 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, NOVEMBER 25,2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency 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, Community Development Director Spagnolo, Associate Planner Heffernon, Associate Planner McClish, and Director of Parks, Recreation and Facilities Hernandez. 3. FLAG SALUTE Sharon Ellenson, representing Rotary Club of Arroyo Grande, 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 Lubin 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. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. 8. CONSENT AGENDA Council Members Lubin and Runels requested that Item 8.k. be pulled for a separate roll-call vote due to financial conflicts of interest. In response to a question by Council Member Runels regarding Item 8.j., Director Spagnolo clarified that the consultant would be preparing and reviewing traffic studies for the City based on the criteria in the City's approved Traffic Monitoring Program. - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 25, 2003 PAGE 2 Council Member Runels moved, and Mayor Pro Tem Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Runels, Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period November 1. 2003 - November 15, 2003. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the October 2003 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at October 31, 2003. 8.c. Consideration of Resolution Establishing the Arroyo Grande Career Firefighters (AGCF) as a Separate Group in CalPERS Medical Insurance Program. Action: Adopted Resolution No. 3722. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Redevelopment Agency Meeting of November 11, 2003 as submitted. 8.e. Consideration of Cancellation of December 23, 2003 City Council Meeting. Action: Canceled the regularly scheduled City Council meeting of December 23,2003 due to the holiday. 8.f. Consideration of Appointments to Traffic Commission and Senior Advisory Commission. Action: Approved appointments of Scott Metcalf to the Traffic Commission and Paul Toms to the Senior Advisory Commission as recommended by Council Member Lubin. 8.g. Consideration of a Resolution Requesting a Cooperative Work Agreement (CWA) for the Bridge Street Bridge Feasibility Study. Action: 1) Adopted Resolution No. 3723 requesting a Cooperative Work Agreement (CWA) for the Bridge Street Bridge Feasibility Study thereby extending the federal funding for an additional year; and 2) Directed staff to forward the Resolution- to Caltrans by December 1, 2003. 8.h. Consideration for Relief by Mid State Plumbing and Drain Cleaning, Inc. and Authorization to Re-Advertise Bids for Phase I of the Water Conservation Program. Action: 1) Consented to the relief of the low bid by Mid State Plumbing and Drain Cleaning, Inc.; and 2) Authorized the re-advertisement of bids for Phase J of the Water Conservation Program without the bond requirements. 8.1. Consideration of Acceptance of Easement Agreements, and Authorization of Payment for the Reservoir No.1, Project No. 2000-04. Action: 1) Accepted an easement agreement with the Central California Conference Association of Seventh Day Adventist, and authorized payment in the amount 'of $25.762; and 2) Accepted permanent and temporary easement agreements with the California Pacific Annual Conference of the Methodist Church, and authorized payment in the amount of $19,342.77. 8.j. Consideration to Approve a Services Agreement for the Citywide Traffic Monitoring Program and Retainer Services to Prepare and Review Traffi~ Studies. '- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 25, 2003 PAGE 3 Action: 1) Approved a three year Consultant Services Agreement with Omni-Means in the amount of $71,998 for the Citywide Traffic Monitoring Program and retain services to prepare and review traffic studies; 2) Authorized the City Manager to approve and execute contract amendments in the amount of $7,200 for unanticipated services during the three year term of the Agreement; and 3) Appropriated $46,998 for the Consultant Services Agreement and $7,200 for unanticipated services for a total of $54,198 from the Transportation Facility Impact Fund. 8.k. Consideration of Approval of Parcel Map AG 02-0446; Subdividing One (1) Parcel into Two (2) Commercial Parcels; 1540 E. Grand Avenue. Recommended Action: Approve Final Parcel Map AG 02-0446, subdividing 1.75 acres into two (2) commercial lots. Mayor Pro Tern Dickens moved to approve Item 8.k. as recommended. Council Member Costello seconded the motion, and the motion carried on the following roll-call vote: AYES: Dickens, Costello, Ferrara NOES: None ABSENT: Lubin, Runels 9. PUBLIC HEARINGS: 9.a. Consideration of Resolution Approving the Issuance of Tax-Exempt Bonds by the California Statewide Communities Development Authority for the Financing of the Courtland-Arroyo Grande, L.P. Senior Affordable Housing Project and Discussion of Extension and Requested Changes to the Disposition and Development Agreement. [COUNCILIRDA] City Manager/Executive Director Adams presented the staff report and recommended the Council adopt a Resolution approving the issuance of tax-exempt bonds by the California Statewide Communities Development Authority for the financing of the Courtland-Arroyo Grande, L.P. Senior Affordable Housing Project; and direct staff to prepare the modifications to the Disposition and Development Agreement (DDA) requested by the applicant for consideration at the December 9, 2003 meeting. City Manager/Executive Director Adams introduced Tim Mulrenan from Rosenow, Spevacek Group, Inc., who gave an overview of the applicant's efforts to obtain tax credits for the project and responded to questions from Council. Larry Persons, Pacific Harbor Homes,. addressed the Council and responded to questions regarding prevailing wage requirements. Mike La Pierre, representing California Statewide Communities Development Authority (CSCDA), responded to questions regarding how the bonds are issued. Mayor/Chair Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council and staff discussion ensued regarding prevailing wage requirements; the timeframe for issuing the bonds; the potential financial impact to the City; concern regarding the reduction of affordable units in the project; and the need to explore funding strategies to ensure success of the project. - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 25, 2003 PAGE 4 Following discussion, City Attorney Carmel noted that there was a typographical error that needed to be corrected in the 2nd recital in the Resolution stating that the proposed project is a 10B-unit multifamily senior residential rental facility, not a 1 Q-unit facility. The correction was noted. Council Member Costello moved to adopt a Resolution of the City Council of the City of Arroyo Grande, as amended, approving the issuance of multifamily housing revenue bonds for the purpose of financing the acquisition and construction of the Courtland Senior Apartments. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Lubin, Ferrara NOES: Runels ABSENT: None There being 4 AYES, 1 NO, and 0 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of a General Plan Amendment to Change the Land Use Category of a 10.3-Acre Property from Low Medium Density Residential (LM) to Medium High Density Residential (MH) Allowing up to 9.0 Dwelling Units Per Acre; Development Code Amendment to Change the Zoning Designation from Residential Suburban (RS) to CondominiumlTownhouse (MF); Planned Development Amendment to allow more flexibility in design and more efficient use of land; and Vesting Tentative Tract Map to Subdivide the Property into Sixty-Five (65) Residential Lots for Property Located on the North Side of Farroll Avenue between Oak Park Boulevard and Golden West Place; Applied for by Don McHaney. Associate Planner Heffernon presented the staff report and recommended the Council: 1) Adopt a Resolution approving General Plan Amendment Case No. 02-001; 2) Introduce an Ordinance amending the Zoning Map of the City of Arroyo Grande and amending Planned Development 1.5 (Development Code Amendment 02-002 and Planned Development Amendment 02-001); and 3) Adopt a Resolution adopting a Negative Declaration with Mitigation Measures, instructing the Director of Administrative Services to file a Notice of Determination, and approving Vesting Tentative Tract Map (VTTM) Case No. 02-002, as amended, subject to certain conditions. Associate Planner Heffernon reviewed the proposed revisions to the Conditions of Approval for VTTM 0-2-002 which eliminated all references to a Homeowner's Association and that maintenance of all common facilities will be financed and administered through a Maintenance District. Mayor Pro Tem Dickens acknowledged that a letter that had been distributed to Council from Jacqueline King and asked staff for clarification. Associate Planner Heffernon explained that Ms. King's concerns related to access and drainage issues as they related to her adjoining property. Director of Parks, Recreation, and Facilities Hernandez reviewed the Parks and Recreation Commission's recommendation regarding the alignment of the proposed trail. Mayor Ferrara opened the public hearing. - ".- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 25, 2003 PAGE 5 John Mack, representing S&S Homes, gave a presentation of the project, stated that the applicant agreed with the Conditions of Approval, and spoke in support of the project. Jim Guthrie, Arroyo Grande, referred to the General Plan Circulation Element and commented on the proposed trail. He also commented on the proposed design and size of the retention basin. Joe Gilpin, representing SLO County Bicycle Coalition, spoke regarding the proposed recreational trail as it relates to crime and stated that all three proposed options have good sight lines. He favored Option C and encouraged the City to allow bicycles to use the trail. Paul Savaae, Dixson Street, expressed concerns regarding the proposed lot sizes on 13 of the lots; concerns about the cut-through of the trail from Dixson Street; and the need for parking on Dixson Street. Ted Aclan, Brighton Avenue, spoke in support of the proposed trail and stated as an advocate for cyclists, he hoped the trail did not exclude the use of bicycles. Dan Miller, Golden West Place, expressed concerns regarding the design of 2-story homes along Golden West Place, which are 1-story homes and the loss of privacy. He also requested additional and improved landscaping along the project frontage than what currentJy exists along Farroll Road. He further expressed concern with the density of the proposed project and the loss of access to the gate at the rear of his property. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council and staff discussion ensued regarding the project's proposed density; the need for affordable housing units; the trail options (there was consensus for Option A with a 10-foot width); supporting bicycle use on the trail; the need for landscaping and maintenance on Farroll Road; expanding the drainage basin to increase its capacity; modifying the placement of windows on two of the proposed units (lots 13 and 14); and incorporating conditions for providing workforce housing. Council Member Lubin moved to adopt a Resolution amending the General Plan Urban Land Use Element Map; General Plan Amendment 02-001, applied for by Don McHaney. Council Member Runels seconded the motion, and on the following roll-call vote: 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. Council Member Lubin moved to introduce an Ordinance amending the Zoning Map to designate the subject property as CondominiumfTownhouse (MF) with a Planned Development Overlay; Development Code Amendment 02-002 and Planned Development Amendment 02-001, applied for by Don McHaney, for property located on Farroll Avenue. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote: AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 25, 2003 PAGE 6 Council Member Lubin moved to adopt a Resolution, as amended (Conditions of Approval 6, 15, 17, 114), adopting a Negative Declaration with mitigation measures, instructing the Director of Administrative Services to file a Notice of Determination, and approving Vesting Tentative Tract Map Case No. 02-002, located on Farroll Avenue, applied for by Don McHaney. Council Member Costello seconded the motion, and on the following roll-call vote: AYES: Lubin, Costello, Runels, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Mayor Ferrara called for a break at 9:55 p.m. The Council reconvened at 10:05 p.m. 9.c. Continued Public Hearing - Development Code Amendment Case No. 03-005 and General Plan Amendment Case No. 03-001. Associate Planner McClish presented the staff report and recommended the Council: 1 ) Introduce an Ordinance amending Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 03-005) to incorporate regulations and amending the Zoning Map, placing a perimeter overlay district of 100 feet around agriculturally zoned properties for the purposes of agricultural buffers, requiring adequate findings for subdivision or rezoning of agricultural lands, implementing mitigation requirements and revising land use regulations for Agricultural Districts; and 2) Continue General Plan Amendment Case No. 03- 001. Associate Planner McClish also noted that Exhibit B to the Ordinance had been modified to add language in Section 16.12.1740.E.4. which had been inadvertently omitted. Mayor Ferrara opened the public hearing. Reuel Estes, E. Cherry, spoke in opposition to buffer zones. John Keen, N. Elm Street, spoke in opposition to buffer zones. He stated that the proposed Overlay District was not necessary with the existing Right-to-Farm Ordinance in effect. He suggested the Council continue the item for further public noticing and public comment. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Following Council comments, Council Member Costello moved to introduce an Ordinance, as amended (Exhibit B, Section 16.12.170.E), amending Title 16 of the Municipal Code (Development Code Amendment 03-005) to incorporate regulations and amending the Zoning Map for Overlay District A-1.2, placing a perimeter overlay district of 100 feet around agriculturally zoned properties for the purposes of agricultural buffers, requiring adequate findings for subdivision or rezoning of agricultural lands, implementing mitigation requirements and revising land use regulations for Agricultural Districts. Mayor Pro T em Dickens seconded the motion, and on the following roll-call vote: AYES: Costello, Dickens, Ferrara NOES: Runels, Lubin ABSENT: None CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 25, 2003 PAGE 7 There being 3 AYES, 2 NOES, and 0 ABSENT, the motion is hereby declared to be passed. Council Member Costelio moved to continue General Plan Amendment Case No. 03.001. Mayor Pro Tern Dickens seconded the motion, and on the following roll-call vote: AYES: Costello, Dickens, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES, 2 NOES, and 0 ABSENT, the motion is hereby declared to be passed. 9.d. Continued Public Hearing - Consideration of General Plan Amendment Case No. 03-005 - 2003 Housing Element Update. Associate Planner Heffernan presented the staff report and recommended the Council review changes made to the 2003 Housing Element since the November 11, 2003 Council meeting, receive public comment on the document, and adopt a Resolution approving General Plan Amendment 03-005 - the 2003 Housing Element. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council Member Lubin moved to adopt a Resolution adopting the 2003 Housing Element of the General Plan; adopting a Negative Declaration and instructing the Director of Administrative Services to file a Notice of Determination. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote: AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared 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). Discussed funding strategy for Boardwalk project in Grover Beach/Pismo Beach; reviewed personnel issues and evaluations. (2) Integrated Waste Management Authority (lWMA). Discussed whether IWMA should become the Local Enforcement Agency for San Luis Obispo County. (3) Other. None. .....- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES NOVEMBER 25, 2003 PAGE 8 b. MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalition. No report. (2) South San Luis Obispo County Sanitation District (SSlOCSD). Reviewed three areas of the sewer collection system, two of which are located in Arroyo Grande - the Bakeman sewer trunkline and the Fair Oaks sewer trunkline. A study to evaluate deficiencies is being conducted. Also reported on routine maintenance at the Plant. The Plant is running well within the guidelines. An issue of concern regarding a proposed SLO County Ordinance to limit bio-solids distribution was discussed. (3) Other. None. c. COUNCil MEMBER THOMAS A. RUNElS: (1) Zone 3 Water Advisory Board. Lopez Lake is at 50% capacity; the Plant is running well. State water has been shut off; other entities are relying on Lopez water. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. d. COUNCil MEMBER SANDY lUBIN: (1) South County Area Transit (SCAT). Received Annual Report. Staff was directed to distribute copies to Council. (2) Economic Vitality Corporation (EVC). No report. (Council receives weekly President's Reports via e-mail) (3) Other. None. e. COUNCJl MEMBER JOE COSTEllO: (1) Air Pollution Control District (APCD). Reviewed budget and two new programs. Applying for grant funds for greenwaste chippers. (2) Other. 13. CITY COUNCil MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. 15. COUNCil COMMUNICATIONS: Mayor Ferrara requested, and Council concurred, that an item be placed on the next City Council agenda for discussion regarding the designation of the California Integrated Waste Management Board as the City's Local Enforcement Agency. 16. STAFF COMMUNICATIONS: City Manager Adams gave a status report on the Vehicle License Fee issue and its potential impacts on the City. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. v.".~ CITY COUNCIUREDEVELOPMENT AGENCY MINUTES -.0. .-~- : NOVEMBER 25, 2003 PAGE 9 18. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 11.58 p.m. Kelly We or Director of Administrative Services/ Deputy City Clerk/Agency Secretary (Approved at CC Mtg /-/1-0'1 )