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Minutes 2004-03-23 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 23, 2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:05 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Costello, Mayor Pro Tem Lubin, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney CarmeJ, Director of Administrative Services Wetmore, FinanciaJ Services Director Snodgrass, Director of Public Works Spagnolo, Community Development Director Strong, Associate PJanner Heffernon, Contract PJanner McClish, and Assistant PJanner Bergman. 3. FLAG SALUTE Alvin Evenson and Dean Castellino, representing American Legion Post No. 136, led the Flag SaJute. 4. INVOCATION Jean Bowser, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation Recognizing Khatchik "Katcho" Achadjian, County Supervisor - District 4 for Contribution Received for the Village Streetlight "Let There Be Lights" Program. Mayor Ferrara presented a Mayor's Commendation to Khatchik "Katcho" Achadjian, County Supervisor - District 4, in recognition of his generous contribution for the Village Streetlight "Let There Be Lights" Program. 5.b. Honorary Proclamation Recoanizina April 2004 as the "Month of the Child" Mayor Ferrara presented an Honorary Proclamation to Monica Goldberg, representing San Luis Obispo Child Care Planning Council, recognizing April 2004 as "Month of the Child". 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member 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. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. CITY COUNCIL MINUTES MARCH 23, 2004 PAGE 2 8. CONSENT AGENDA Mayor Pro Tern Lubin moved, and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.L, with the recommended courses of action. The motion carried on the following roll-call vote: . AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period March 1, 2004 - March 15, 2004. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the February 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds at February 29,2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting and Regular City Council/Redevelopment Agency Meeting of March 9, 2004 as submitted. 8.d. Rejection of Claim Against City - L. Byrd. Action: Rejected claim. 8.e. Consideration of Request to Refund Application Fee for Drive-Thru Girl Scout Cookie Sale in the Parking Lot at 1200 E. Grand Avenue. Action: Approved the request from the Girl Scouts of Tres Condados to refund the application fee for TUP 04-004. 8.f. Consideration of an Award of Contract to Senna Tree Company for Relocation of a Coastal Live Oak Tree for the Reservoir No.1 Replacement Project, PW 2003-07. Action: 1) Awarded a construction contract for the relocation of a Coastal Live Oak Tree located at the site of the Reservoir No. 1 Replacement Project to Senna Company in the amount of $14,200.00; 2) Authorized the City Manager to approve change orders not to exceed the contingency of $1,420.00 for use only if needed for unanticipated costs during the construction phase of the project; and, 3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.g. Consideration of a Request for Contract Relief by SLO Plumbing and an Award of Contract to Mid State Plumbing for Phase I of the Water Conservation Pro,gram. Action: 1) Approved a request for contract relief by SLO Plumbing; 2) Awarded a contract for Phase I of the Water Conservation Program to Mid State Plumbing in the amount of $348,665.00; 3) Appropriated an additional $73,150.00 from the Water Neutralization Impact Fund; and 4) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.h. Consideration to Appropriate Additional Funds for Design Service Contract on the Fire Station Expansion Project, PW 2003-05. Action: Appropriated $13,000 from the Fire Facilities fund for reimbursable and construction administration expenses incurred by the project architect, RRM Design Group. '~ - CITY COUNCIL MINUTES MARCH 23, 2004 PAGE 3 8.i. Consideration of Authorization of City Manager to Approve and Execute Necessary Documents Related to Affordable Housing Unit at 266 Aspen Street Consistent with the Current Deed Restrictions. Action: Authorized the City Manager to approve and execute additional documents determined to be necessary, modifications to existing documents, and to take other necessa ry actions related to the affordable housing unit at 266 Aspen Street consistent with the terms and conditions of the current deed restrictions. 9. PUBLIC HEARING: 9.a. Consideration of General Plan Amendment Case 03-003 (Aaricultural Resources) Contract Planner McClish presented the staff report and recommended the Council approve the Negative Declaration and adopt a Resolution approving General Plan Amendment 03-003 amending the Agricultural, Conservation and Open Space EJement to revise language in Objective Ag1 relating to conversion of prime agriculture land; Policy Ag3-11 relating to farm worker housing; and policies and implementation measures for Ag 1-3, Ag3-5, and Ag3-6 for language relating to agricultural conservation easement programs. Assistant Planner Bergman gave an overview of the agricultural enterprise programs. Staff responded to questions from Council regarding farm worker housing. Mayor Ferrara opened the public hearing. Otis Paae, Arroyo Grande, spoke about the agricultural policy revisions and inquired if the pOlicies were going to be selectively applied to agricultural properties in the City. Chuck Fellows, Arroyo Grande, spoke in support of ag-tourism and the agriculture conservation easement and agriculture enterprise programs. Bill McCann, Arroyo Grande, spoke in support of the agriculture conservation easement and agriculture enterprise programs. Ella Honevcutt, Arroyo Grande, spoke in support 'of the agricultural conservation easement and agriculture enterprise programs. Lerov Saruwatari, Arroyo Grande, thanked the Council for supporting agriculture operations. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello supported the recommendation to remove the word "minimize" from Agriculture, Conservation and Open Space Element Objective Ag1; supported the proposed Agricultural Conservation Easement Program; supported the Agricultural Support and Enterprise Programs; and supported the prqposed language amendments relating to farm worker housing. Council Member Runels did not support the proposed General Plan Amendment indicating it diminished the rights of affected property owners to use their land in the way they choose. He cited the Williamson Act as an available option for property owners and stated that to his knowledge, only one property in the City had taken advantage of this option. He also commented that small farm owners within the City could not afford to build and maintain farm worker housing. Council Member Dickens supported the elimination of the word "minimize" from Agriculture, Conservation and Open Space Element Objective Ag1; supported the development of an ; I Ij, - CITY COUNCIL MINUTES MARCH 23, 2004 PAGE 4 Agricultural Conservation Easement Program; supported modifying the language for farm worker housing to be consistent with the Housing Element; and supported the Agricultural Support and Enterprise Programs. Mayor Pro Tern Lubin supported the Agricultural Support and Enterprise Programs; expressed some concerns regarding farm worker housing; expressed concerns with removing the word "minimize" out of Objective Ag1; and stated that he could support some components of the proposal being presented for approval. Mayor Ferrara supported the Agricultural Support and Enterprise Programs; supported the proposed revision of Objective Ag 1 to remove the word "minimize"; expressed concerns regarding the provisions for farm worker housing and stated that this issue needed to be more clearly defined; and supported the Agriculture Conservation Easement Program. Council Member Dickens moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING GENERAL PLAN AMENDMENT 03-003 TO AMEND THE AGRICULTURAL, CONSERVATION AND OPEN SPACE ELEMENT REVISING OBJECTIVE AG1 RELATING TO CONVERSION OF PRIME AGRICULTURAL LAND; POLICY AG3-11 RELATING TO FARMWORKER HOUSING; AND POLICIES AND IMPLEMENTATION MEASURES FOR AG1-3, AG3-5, AND AG3-6 RELATING TO AGRICULTURAL CONSERVATION EASEMENT PROGRAMS". Council Member Costello seconded the motion. City Attorney Carmel asked for clarification whether the motion included the approval of the Negative Declaration. Council Member Dickens said yes and amended his motion to adopt the Resolution, as amended, to include the approval of the Negative Declaration. Council Member Costello seconded, and on the following roll-call vote: AYES: Dickens, Costello, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 A YES and 2 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Pre-Application Review Case No. 04-004; Proposed Residential Subdivision and Neighborhood Plan; East Cherry Avenue and Myrtle Street; Applicant - Damien Mavis, Creekside Estates of Arroyo Grande, LLC Council Member Dickens declared an indirect conflict of interest due to his beneficial interest in real property located near the proposed project and stepped down from the dais. Community Development Director Strong declared a conflict of interest due to an option to purchase a portion of the property that is the subject of this proposal and stated he had not and would not be participating in the processing of this application. He stepped down from the staff table. It CITY COUNCIL MINUTES MARCH 23, 2004 PAGE 5 Associate Planner Heffernon presented the staff report and recommended the Council review the project and provide direction and comments to the applicant. Mayor Ferrara invited the applicant to the podium to address the Council. Fred Bauer, Arroyo Grande, gave an overview of how the project started, discussed ideas for smart growth, explained the efforts made to involve the neighborhood to obtain feedback on proposed development of the property. Eric Justesson, RRM Design Group, spoke on behalf of the appliCant, and .gave an overview of a proposed development layout for the property based on the General Plan designation of Neighborhood Plan with medium density. He stated that some of the issues to be addressed as part of the. project would be drainage, balanced access to the property from E. Cherry and Myrtle, lot sizes, street widths, a pocket park, access to the creek, respecting the agriculture property to the south, inclusionary housing, and architectural style. Mayor Ferrara invited other members of the public to comment. Carol Hoffmeyer, representing the Dixson Family Trust, read a letter into the record which requested the Council consider increased buffer distances, increased depth of landscaping; an 8-foot high block wall and a "no-climb" wood fence on the property line; cooperative improvement of the existing 15-foot private driveway; ensuring that prospective property owners are informed of the Right-to-Farm ordinance; investigating the potential for a detention, retention, and/or recharge basin within the proposed project; and ensuring that the drainage deficiencies are resolved. Chuck Fellows, Arroyo Grande, favored a pedestrian bridge across the creek to provide safety for children. Otis Paae, Arroyo Grande, expressed disappointment that the neighborhood was not specifically noticed for this item tonight. He commented that there was no proposal from the applicant for a park or a bridge. He also commented on existing drainage issues and felt that the neighborhood objects to the high density being proposed. He stated that he has no objections to development; however, he had a problem with developing prime agriculture land. Lynn Titus, Arroyo Grande, expressed concern with the proposed density and commented that the acreage figure was incorrect. She inquired whether anyone had talked to the Lucia Mar Unified School District regarding a bridge and said she did not think they would like it. She asked who would deveJop and maintain the park, stated there was a lot of poison oak in the area, and inquired whether E. Cherry Avenue would be extended. ~ Jim Guthrie, Arroyo Grande, requested feedback from the Council on the concept of clustering. He also asked how the required agriculture buffer distance would be analyzed and determined. Bill McCann, Arroyo Grande, expressed concerned regarding the buffer zone and stated he was not sure that 100 feet would be enough. He proposed a minimum 150 foot buffer. He also expressed concerns about drainage. Wayne Kina encouraged the Council to review the comments made regarding the Vanderveen project. Larrv Turner, Arroyo Grande, spoke about drainage and stated he needed assurance that drainage will be addressed properly. He stated that the temporary ditch has stopped the problems. He supported development of the property; however, he would not support two-story homes against Noguera Street. - CITY COUNCIL MINUTES MARCH 23, 2004 PAGE 6 Lerov Saruwatari, Arroyo Grande, expressed concerns about the buffer zone and stated that the County imposes 300 feet. He stated that there should be a minimum 150-foot buffer. He also said that the City's Right-to-Farm Ordinance should be disclosed to potential property owners. Ella Honevcutt. Arroyo Grande, stated that buffer zones are there to make good neighbors and urged the Council to ensure that the buffer zone is adequate to protect the homes and the farmers. Hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Runels stated that the drainage problem must be addressed first and foremost; he would prefer to see larger lots with, less density; did not favor two-story homes; stated that a 100-foot buffer was sufficient; and commented that the Dixson Ranch would have to assume some of the mitigation. He did not support the type of Jarge walls being requested by the Dixson Ranch. Council Member Costello commented on the need to resolve the drainage issue; encouraged the applicant to seek feedback from the Lucia Mar School District regarding the bridge and access issues; supported the concept of smaller lots; liked inclusion of the Village Design Guidelines and Standards; commented that there would be a need to carefully review the buffer zone requirement; and stated that the concerns in the Dixson letter were valid. Mayor Pro Tern Lubin inquired who would build and maintain the bridge and the park; requested clarification on plan #4; asked for clarification on the exact acreage of the property; stated that traffic issues are significant and inquired whether the E. Cherry extension would remain as a dirt road or be paved; favored smaller lots to meet housing goals; expressed concerns regarding the buffer zone distance; commented that the drainage problem must be solved; agreed that no two- story homes should be built on the Noguera Street side; agreed that new property owners need to be informed about the City's Right-to-Farm Ordinance; commented that public comments about the parcel being prime agricuJture land needed to be addressed; and commented that some of the ideas outlined in the Dixson letter were good; however, he felt that if they desired a no-climb wood fence, it should be built on their property. Mayor Ferrara emphasized the concept of a Neighborhood Plan and commented that the Plan was partly driven by the drainage problem from Newsom Springs. He stated that drainage is the first and foremost concern and that there is a need for additional engineering on a catch basin, a pipe, or a combination of both. He commented on the need for an adequate size buffer zone; addressed the density issue and the need for affordable housing; and favored inclusionary housing in the project. He agreed that the design and placement of any two-story homes needed to be considered to accommodate neighborhood privacy. He Jiked the idea of a bridge but expressed the need to get feedback from Lucia Mar School District; expressed concern regarding pedestrian traffic, however, the benefits of a bridge may outweigh other problems. He favored the development of a pocket park to be maintained by a homeowners association. Mayor Ferrara commented that buffer zones need to be analyzed on a case-by-case basis; and there is a need to look at unique site factors to determine adequate buffer size. He requested additional review of the concept drawings submitted by the Dixson Ranch. He commented that the buffer zone requirement may set a precedent for future development. Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had received sufficient feedback and direction with regard to the proposed project. '-....-. ..~ CITY COUNCIL MINUTES MARCH 23, 2004 PAGE 7 There was no action taken on this item. Council Member Dickens returned to the dais. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Meeting was cancelled; no report. (2) Integrated Waste Management Authority (IWMA). Reported that the County JPA met and is maintaining its diversion rate (currently at 51 %); gave a status report on increased tonnage going into the CoJd Canyon Landfill due to weighing of vehicles versus estimating the weight. Additionally, there is more activity in construction and demolition waste; more cities need to pass ordinances similar to those in Arroyo Grande, Morro Bay and San Luis Obispo. (3) Other. None. b. MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT). No report. (2) Economic Vitality Corporation (EVC). Reported that the EVC will host a Smart Cities Workshop to explore ways to increase county e-commerce activity and encouraged staff members to attend. (3) Other. Received CJPIA reports; provided to staff for making copies to the Council. c. COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board. Everything is functioning properly at the Dam following fix of broken Lopez line at the bottom of Tally Ho Creek. The Habitat Conservation Plan has bElen submitted to the Board of Supervisors and released for public review and comment. (2) County Water Resources Advisory Committee (WRAC). No report. . (3) Other. None. d. COUNCIL MEMBER JIM DICKENS: (1) South County Youth Coalition. Announced that 40-50 local students from South County would be participating in the Annual Asset Development Conference Summit 3 on March 26 & 27 in San Luis Obispo; Jack Smith gave a presentation on the newly formed South County Education Foundation, a private non-profit organization, whose goal is to raise funds to supplement the educational needs of youth in the South County. (2) South San Luis Obispo County Sanitation District (SSLOCSD). The District conducted video inspection of approximately 70% of the sewer system in an attempt to obtain a baseline and create a capital improvement and master plan; Reported on an issued regarding the Bakeman Lane Trunk System which is not adequate to meet the sewer capacity need for development already approved in the City. (3) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). None. (2) Other. None. CITY COUNCIL MINUTES MARCH 23, 2004 PAGE 8 13. CITY C'OUNCIL MEMBER ITEMS: a) Request of Council to Appeal Plot Plan Review Case No. 04-002; Applicant - Tried and True Tattoo; Location - 1037 E. Grand Avenue. (FERRARA) Upon a request by Mayor Ferrara, there was consensus of the Council to place an appeal of Plot Plan Review Case 04-002 on a future City Council agenda for consideration. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Council Member Runels requested consideration of establishing a JPA to manage the Lopez Dam operation. 16. STAFF COMMUNICATIONS: City Manager Adams announced the following public workshops: City Hall Complex Feasibility Study and Needs Assessment Workshop, March 25th, 6:30 p.m. in the Council Chambers, 215 E. Branch Street; and a workshop on potential future land uses in the City's Sphere of Influence, March 30th, 6:30 p.m. at the City of Arroyo Grande and Woman's Club Community Center, 211 Vernon Street. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 9:35 p.m. TonY~ ATTEST: J t1/1LJIU.- L< Kelly Wet or Director of Administrative Servicesl Deputy City Clerk (Approved at CC Mtg if,/:3 -Of) t l