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Minutes 2004-09-28 , """""'-"',-~--'-'_......-._--"'" MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 28,2004 COUNCIL CHAMBERS, 21S 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 RuneJs, Dickens, Costello, Mayor Pro Tern Lubin, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Interim Financial Services Director O'Reilly, Community Development Director Strong, Director of Public Works SpagnoJo, and Associate PJanner McClish. 3. FLAG SALUTE Wayne Dempster, representing Knights of Columbus, led the FJag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh-Day Adventist C~urch, delivered the invocation. S.SPECIALPRESENTATIONS S.a. Proclamation - Arroyo Grande Creek Celebration and Clean Up. Mayor Ferrara presented an Honorary Proclamation procJaiming October 9, 2004 as Arroyo Grande Creek CeJebration and Clean Up Day. Stephanie Wald, representing CentraJ Coast Salmon Enhancement, accepted the Proclamation. S.b. Proclamation - Honoring Ron Ritter, Potentate for AI Malaikah Shrine. Mayor Ferrara presented an Honorary Proclamation procJaiming September 28, 2004 as a day of recognition honoring RonaJd Ritter, 10ath Illustrious Potentate of AI Malaikah Shrine. Mr. Ritter accepted the Proclamation and gave an overview of his Masonic history. 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 resoJutions and ordinances presented at the meeting shall be read in title onJy and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Fred Baur referred to the SpeciaJ City CounciVPlanning Commission Joint Meeting and stated that televising Planning Commission meetings is a terrific idea. He commented that it was a great tool to utilize for public education on City .issues. He also acknowledged Council Member RuneJs who assisted in finding a location in the Vi.llage' for the Transitions Mental HeaJth organization. Sandv Sanderson stated he has been. a resident of Arroyo Grande for 2~ years and he commented that he was impressed that the City televises its Council meetings. He expressed his appreciation and acknowJedged each Council Member individually. CITY COUNCIL MINUTES SEPTEMBER 28, 2004 PAGE 2 8. CONSENT AGENDA Council Member Runels requested that Jtem 8.g. and 8.j. be pulled for discussion. . Mayor Ferrara also requested that Jtem 8.g. be pulled for discussion. Mayor Pro Tem Lubin moved, and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the exception of Item 8.g., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Lubin, Runels, Dickens, Costello, Ferrara NOES: None ABSENT: None ...,~ 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period September 1, 2004 - September 15,2004. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Fund. Action: Received and filed the August 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of August 31, 2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of August 24, 2004 as submitted. 8.d. Consideration of Resolution Establishing a Job Description for the Water Services Worker Position. Action: Adopted Resolution No. 3782. " 8.e. . Consideration of Funding'the Video Taping of the City Council Election Candidate Forum. Action: Approved an allocation of $350.00 to fund the cost of services for AGP Video to tape the City election candidate forum for rebroadcast on the City's Government Channel. 8.f. Consideration to Approve the Plans and Specifications and Authorize the Solicitation of Bids for the Creekside Path, Phase III Llgh.ing Project. Action: 1) Approved the construction plans and specifications; 2) Authorized the solicitation of public construction bids; 3) Found that the project is categorically exempt from CEQA pursuant to Section 15301 (a); and 4) Directed the Director of Administrative Services to file a Notice of Determination. 8.h. Consideration of the Approval of Plans and Specifications and Authorization to Solicit Bids for the Theis/Keisler Tennis Court Addition Project, PW 2004-02. Action: 1) Approved the plans and specifications for the Theis/Keisler Tennis Court Addition Project; 2) Authorized the Public Works Department to solicit public construction bids; 3) Found that the project is categorically exempt from CECA pursuant to Section 15301 (e); and 4) Directed the Director of Administrative Services to file a Notice of Exemption. 8.1.. Consideration of Resolutions Requesting the San Luis Obispo County Board of Supervisors to Support the Formation of a Vector Control District and Requesting that the Elected Representatives of the United States and the State of California Allocate Funds to Research, Monitor and Eliminate West Nile Virus In California. Action: Adopted ResoJution Nos. 3783 and 3784. CITY COUNCIL MINUTES SEPTEMBER 28, 2004 PAGE 3 8.). Consideration of Amendment to Tract No. 2328, Stonecrest, Grading and Improvement Plans for Private Road Easement Modifications and Extension to Adjoining Mankins Residential Properties. Recommended Action: Adopt Resolution amending the subject Tract 2328 grading and improvement plans to provide for private road easement modifications and extension to adjoining Mankins residential properties. Council Member Runels expressed concern that there was disagreement between the adjacent property owner (Howard Mankins) and the project developer (S&S Homes) concerning the width of the access road easement and potential relinquishment of slope or retaining walls required for hillside stability. Howard Mankins stated he had no problems with relinquishing part of the existing private access road easement; however, he stated he would not provide relinquishment until a road was built. He further expressed concern about the proposed width of the road easement aDd the need for sJope or retaining wall access easements. John Mack, representing S&S Homes, addressed timing issues related to completion of the project and clarified some of the issues related to the road and slope easements proposed. Following further discussion and continued disagreement by the parties, there was consensus to direct staff to work with Howard Mankins and S&S Homes to resoJve the issues involving the private access road easement. . Council Member Runels moved to continue th~ item to the October 12, 2004 meeting. Mayor Pro Tern Lubin seconded the motion, and on the'following ro!l-call vote: AYES: Runels, Lubin, Dickens, CosteUo, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion i~ hereby decJared to be passed. 8.g. Consideration of Approval of a Consultant Services Agreement with Omni-Means, Ltd. to ProvidePro)ectApproval and Environmental Determination for the Brisco Road-Halcyon RoadIRoute 101 Interchange. Recommended Action: 1) Approve a Consultant Services Agreement with Omni- Means, Ltd for Project ApprovaJand EnvironmentaJ Determination (PA&ED) for the Brisco Road-Halcyon Road/Route 101 Interchange in the amount of $367,988; 2) Authorize the Mayor to execute. the Agreement; and 3) Appropriate $62,988 from the Transportation Facility Fund. Mayor Ferrara expr~ssed concerns with approving Omni-Means as the consuJtant for this project due to the controversy of its traffic analysis relating to the Five Cities Center and the concJusions , that were made concerning the level of service at BriscolHighway 101. He stated he could not support using Omni-Means on this project and suggested either negotiating with the next low bidder or going back out to bid. CITY COUNCIL MINUTES SEPTEMBER 28, 2004 PAGE 4 Discussion ensued with regard to the bidding process; reasons why only two of the eleven firms submitted proposals; acknowledgement that Omni-Means is currently under contract with the City to prepare its Traffic Model Update; and acknowledgement that the City has good traffic policies in place today. Mayor Ferrara moved to direct staff to revisit the bids that were submitted and attempt to negotiate with Wood Rogers a similar bid as received from Omni-Means and if it is close and reasonable in staff's determination to Omni-Means' bid, that the bid be awarded to Wood Rogers. Further, if Wood Rogers was unwilling to move from the bid they submitted, he moved to accept the bid from Omni-Means. Mayor Pro T em Lubin seconded the motion. Discussion ensued clarifying the process for requesting proposals for professional services, whether there was fJexibility in negotiating for professional services, discussion regarding the City's policies, and clarification regarding the project's scope of work. Mayor Ferrara provided a substitute motion to direct staff to send out another Request for Proposal (RFP) to the eleven bidders and any others that can be identified, in a timely manner to keep the project on track. Council Member Dickens seconded the motion, and on the following roll call vote: AYES: Ferrara, Dickens, Runels, Costello, Lubin NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion i~ hereby decJared to be passed. Mayor Ferrara called a recess at 8:30 p.m. The Council reconvened at 8:40 p.m. 9. PUBLIC HEARINGS 9.a. Consideration of General Plan Amendment 04-003; 2003 Housing Element Update. Community Development Director Strong presented the staff report and 'recommended the Council adopt a Resolution approving ,General Plan Amendment 04-003 to amend the 2003 Housing EJement of the General Plan. Director Strong responded to questions from Council. Mayor Pro Tem Lubin and Mayor Ferrara referred to the staff report and expressed concern regarding the statement that determined the Specific Plan area currently within the City (140 acres) could be developed within the Housing Element timeframe since an interchange would not be necessary with a predominantly residential deveJopment. Director Strong emphasized that this statement was an erroneous assumption and shouJd not have been made in the staff report. He recommended eliminating the portion of the sentence that says "an interchange would not be necessary with a predominantJy residentiaJ developmenf' and substitute "subject to a Specific PJan approval", which wouJd define what Jand use, circulation, and infrastructure wouJd be necessary. Mayor Ferrara opened the public hearing. CITY COUNCIL MINUTES SEPTEMBER 28, 2004 ~AGE 5 Steve Ross, Arroyo Grande, expressed concern about how the City couJd accomplish the Housing EJement as far as bringing forward the number of houses that are required by the State. He also expressed concern with #43 listed in the Housing Sites Inventory Table, which lists a projection of 1,150 residential units on the Arroyo Linda property and surrounding area. He said based on that number of homes, it would result in an approximate lot size of 5,600 square feet - not including any infrastructure. He stated the City needs to take a more realistic approach with the Housing Opportunity Sites Inventory. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello stated he was concerned with trying to meet the numbers allocated by the State Housing and Community Development Department (HCD). He expressed concern that the City may be held to compJy with those numbers. He stated that he had confidence in the ability of the City to evaluate fairly and fully any and all proposed projects as they come forward and determine what resources are available to support the projects. He expressed concern with future water availability. He commented that realistically he did not think there was any way the City will ever be abJe to build as many units as has been identified as potential sites in the Housing Sites Inventory. He stated that having all the available resources to meet the number of units identified was not realistic; however, the City needed to move .forward with the Housing Element and to continue to evaluate projects. on their individual merits given the resources that are available. Council Member Dickens commented that this process has been through a long battle with the State Housing and Community Development Department. He stated that aJthough the City had to accept .the allocation, he thought that the Gen~ral PJan and Housing Element should be a real refJection of what the City can and should do based on available resources. He said he wO!JJd continue to look at all the projects that come forward in a realistic standpoint and evaJuate them as to how they are going to benefit the community as a whole. He stated that appropriate compromises have been made and the City's . limitations in meeting the projections have been acknowledged. He stated it was in the City's best interest to move forward and seek approvaJ from HCD on the Housing EJement. Council Member Runels stated he was not comfortable with the allocation; however, the City has no choice but to accept the numbers and move forward. He said that it needed to be understood that when the City has reached the end of its resources, that development must stop. He supported moving forw~rd and approving the Housing Element. Mayor Pro Tern Lubin reflected on the Housing Element update process, the number of units allocated by the State for the City of Arroyo Grande, and expressed concern that the Housing Element will be enforced by the State regardless of available resources. He also expressed concern about assumptions made in the Housing Element about Arroyo Linda and stated that based on meetings that have been heJd to date, the project would not be 100% residential. He said he was uncomfortabJe approving the document as presented. Mayor Ferrara commented that HCD has strong legislative support for their cause and he expressed concern that the City wouJd lose 10caJ control when reviewing projects. He stated he did not want to put anything in writing that could not be met in a responsible way. He commented . that the housing legisJation that led to the establishment of regionaJ housing allocation for each city was unrealistic. He said he could not support the Housing Element as -',-".,-'~~--,,""""-""',- CITY COUNCIL MINUTES SEPTEMBER 28, 2004 ~AGE 6 written, particuJarJy the projected densities on Item 43 (Arroyo Linda). He suggested removing this projection and submitting it without those projected units. Following further discussion, staff was requested to identify other aJternatives and work with the PJanning Commission to amend the Housing EJement. Mayor Pro Tern Lubin moved to continue the item to a date uncertain for further study and aJternatives. Council Member 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. 9.b. Consideration of Development Code Amendment 03-008: A Proposed Ordinance Amending the Zoning Map and Portions of Title 16 of the Arroyo Grande Municipal Code Revising the Commercial, Industrial, and Office Professional Districts; Rezoning the Commercial Portions of Planned Development 1.1 and 1.2 Districts; and 2) A Proposed Resolution Approving Design Guidelines and Standards Pertaining to E. Grand Avenue and a Portion of EI Camino Real. Associate PJanner McClish presented the staff report and recommended the Council adopt a ResoJution approving Design Guidelines and Standards pertaining to E. Grand Avenue and a portion of EI Camino Real; and introduce an ordinance amending the Zoning Map and portions of Title 16 of the Arroyo Grande MunicipaJ Code" Jevising the Commercial, IndustriaJ, and Office ProfessionaJ Districts, and rezoning the PJanned Development 1.1 and 1.2 Districts. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he cJosed the public hearing. Council Member Dickens stated that due to his involvement over the weekend at the Harvest FestivaJ, he did not have the opportunity to. review this item as appropriate. He requested the Council continue this item to the next regular meeting. Mayor Ferrara acknowJedged and agreed with Council Member Dickens' request to continue the item; however, he expressed concern with the potential for a maximum building height of 40 ft. for commercial and mixed use projects; expressed concern regarding maximum building size; and requested that staff review and clarify these issues as they pertain to potential size, scale, and massing. He aJso referred to the hotel graphic displayed on page 19 of the Design Guidelines .and Standards and requested it be replaced with a better example. Mayor Pro Tem Lubin also acknowledged that the hospitaJ could potentially expand in the future and that maximum building size should be Jarger than 50,000 square feet. I Council Member Dickens moved to continue the item to the October 12, 2004 City Council meeting. Council Member Costello seconded the motion, and on the following roll call vote: CITY COUNCIL MINUTES SEPTEMBER 28, 2004 f)AGE 7 AYES: Dickens, Costello, Runels, Lubin, 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). No report. (2) Integrated Waste Management Authority (IWMA). Met 9/8104; Reported that the County has adopted a Construqtion and Demolition Waste Ordinance which will help the JPA improve the diversion rate; and reported that the City of Paso RobJes is deveJoping a similar ordinance. There was also a presentation on alternative fueJ vehicles; (3) Other. None. b. MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT). No report. (2) Economic Vitality Corporation (EVC). Met 9/22/04; Received report on Mid State Fair which indicated the Fair was highly successful; next year will be the Fair's 16th Anniversary. Reported that the EVC Executive Director, Ray Johnson, will be retiring January 1st. Discussion was held regarding ADA issues. . (3) CJPIA..August and September financial reports given to staff. (4) Other. None. c. COUNCIL MEM~ER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board. Met last week; Reported lake eJevation is at 45%; recreation area revenues reached $250;000 for 2 months; attendance in July react1ed 68,000 and 59,000 in August. The Health Department gave a report . on the water slide, which was recently shut down, tested, and chJorinated. Received quarterly budget review. Reported that the water treatment plant upgrade design was approved. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. d. COUNCIL MEMBER JIM DICKENS: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). None. (2) South County Youth Coalition. No report. (3) South San Luis Obispo County Sanitation District (SSLOCSD). Met 9/1 and 9/15/04; The Plant continues to maintain its discharge requirements; continues to CITY COUNCIL MINUTES SEPTEMBER 28, 2004 PAGE 8 operate well; the Regional Water Quality Board is proposing that the District increase its discharge requirements, specifically in one area, however it is anticipated that the requirements will be met; approved a plan to work with staff and Wallace and Associates to meet the new Regional Water Quality Board annual reporting requirements; and reported that Council had received invitations to a District Open House BBQ on October 6th which would include a plant tour. (4) Other. None. e. COUNCIL MEMBER JOE COST-=LLO: (1) Air Pollution Control District (APCD). Met Jast week; gave out five pollution prevention awards to organizations and businesses for efforts made over the last year; and reported that the fee scheduJe on permits for Jarge engines had been amended and approved. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: Mayor Pro Tem Lubin requested, and the Council concurred, to direct staff to place on a future City Council agenda alternatives for urging State.legislation regarding. ADA requirements. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayo(Ferrara reported that he attended the League of California Cities Annual Conference. He stated that he was sworn in as the Channel Counties Vice President for the coming year. He extended congratulations to the community of volunteers for making the annual Harvest Festival one of the best events ever and stated that it was a great success. 16.. STAFF COMMUNICATIONS: City Manager Adams reported that there was no apparent damage from the recent earthquake. He announced that on October 6, 2004 at 10:00 a.m. there would be a groundbreaking ceremony for the Courtland Senior Housing project. He also thanked all of the Harvest Festival volunteers for making the event such a success. 17. COMMUNITY COMMENTS AND SUGGESTIONS: Nancv Castle, AGP Video,. reported that the City of Morro Bay City Council recentJy discussed the ADA issue and directed staff to conduct a workshop. She referred to Morro Bay City Attorney Rob Schultz as a resource of information regarding this topic. She aJso reported that AGP Video recently traveled to Davis, California to videotape the California Performance Review and that it would be rebroadcast on County Government Channel 21 in the coming weeks. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 11 :08 p.m. CITY COUNCIL MINUTES SEPTEMBER 28, 2004 PAGE 9 ~-~ Tony . rara, Mayor ATTEST: / ~ Kelly W tm e, Director of Administrative Services! Deputy City Clerk (Approved at CC Mtg /O~ZI;.uI)