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Minutes 2005-09-13 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 13, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting. to order at 7:13 p.rn. 2. ROLL CALL City Council: Council Members Dickens, Guthrie, Arnold, Mayor Pro Tem Costello, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Chief of Police TerBorch, Assistant City Engineer Linn, Director of Financial Services Kraetsch, Director of Building and Fire Fibich, Director of Community Development Strong, Associate Planner Heffernon, Assistant Planner Foster, and Neighborhood Services Coordinator Ansolbehere. 3. FLAG SALUTE Danny Gregory and Gary Leight, representing Arroyo Grande Police Explorer Post #542, led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATION 5.a. Mayor's Commendation Recognizing Rachel Dewar - Huasna Valley 4-H. Mayor Ferrara presented a Mayor's Commendation to Rachel Dewar in recognition of her 4-H award for "Reserve Grand Champion" at the Santa Barbara County Fair. S.b. Introduction of Tree Guild of Arroyo Grande and Presentation by Scott Dowlan. Gary Scherquist introduced himself as the co-chair of the Tree Guild of Arroyo Grande. Scott Dowlan introduced himself asa member of the Tree Guild of Arroyo Grande; announced that there are approximately 30 members of the Tree Guild to date; gave an overview of the Tree Guild's mission/purpose as well as its goals and objectives. Kristen Barneich introduced herselfas the other co-chair of the Tree Guild of Arroyo Grande and invited members of the community to join the Tree Guild. Mayor Ferrara thanked those that attended and stated he looked forward to working with the Tree Guild. 6. AGENDA REVIEW "--- 6.a. Resolutions and Ordinances Read in Title Only. Council Member Dickens moved, Mayor Pro Tem 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. CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 2 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Bob Lloyd, AGP Video, announced that AGP Video would begin televising Arroyo Grande Planning Commission meetings. 8. CONSENT AGENDA Council Member Arnold moved, and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Arnold, Dickens, Guthrie, Costello, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 16, 2005 through August 31, 2005. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council and Regular City Council/Redevelopment Agency meetings of July 26, 2005, and the Regular City Council/Redevelopment Agency meeting of August 9, 2005 as submitted. 8.c. Consideration of Rejection of Claim Against City- G. White. Action: Rejected claim. 8.d. Consideration of Resolution Establishing the Position of Senior Office Assistant. Action: Adopted Resolution No. 3874 Establishing a Job Description and Salary Range for the Senior Office Assistant Position. 8.e. Consideration of a Resolution Approving FY 2005/06 Through FY 2008/09 Memorandum of Understanding (MOU) with the Service Employees International Union (SEIU), Local 620. Action: Adopted Resolution No. 3875 Adopting a Salary and Benefit Program for Employees Represented by the Service Employees International Union, Local 620, Arroyo Grande Chapter, and Repealing those. Sections of Resolution No. 3695 Adopted on July 8, 2003 Impacting Said Employees. 8.f. Consideration of Approval of Funding and Reimbursement Agreement and Engineer's Report and Adoption of Resolution of Intention for Parks ide Village Assessment District. Action: 1) Approved the Funding and Reimbursement Agreement and Engineer's Report; and 2) Adopted Resolution No. 3876 Declaring an Intention to Form the Parkside Village Assessment District. 8.g. Consideration of Authorization to Purchase an Interim Modular Office for the Police Department. Action: Authorized staff to purchase a 24x60 modular office from Design Space for a delivered and installed cost of $51 ,789.69 to serve as interim office and storage space for the Police Department. 8.h. Consideration of Approval to Purchase Replacement Meter Reading Equipment. Action: Authorized the purchase of three (3) water meter interrogators and associated equipment in the amount of $15,760.39. CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 3 8.1. Consideration of an Award of Contract to MGE Underground, Inc. for Construction of the Sewer Lift Station No.1 Upgrade Project, PW 2005-02. Action: 1) Awarded a contract for the construction of the Sewer Lift Station No. 1 Upgrade Project, PW 2005-02 to MGE Underground, Inc. in the amount of $557,700; 2) Authorized the City Manager to approve change orders' not to exceed the contingency of $55,770.00 for use only if needed for unanticipated costs during the construction phase of the project; and 3) Transferred $125,000 from the Sewer Facility Fund to the Sewer Lift Station No. 1 Project. 8.j. Consideration of Acceptance of Public Improvements for Conditional Use Permit 03-001/Parcel Map AG 02-0446; Santa Lucia Bank. Action: Adopted Resolution No. 3877 Accepting Certain Improvements Constructed as Part of Parcel Map Ag 02-0446. 9. PUBLIC HEARINGS 9.a. Consideration of Use of State 2005-06 Citizens Option for Public Safety (COPS) Funds. Chief of Police TerBorch presented the staff report and recommended the Council approve the expenditure of $100,000 as authorized by the State for law enforcement services under the COPS Program. Chief TerBorch responded to questions from Council regarding the proposed replacement and enhancement of the Police Department's base station radio communication system; the status of future COPS funding; and clarification that COPS funds are not intended to fund a perma~ent program. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received, and the Mayor closed the public hearing. Following Council comments in support of the Police Chief's recommendations, Mayor Pro Tem Costello moved to approve the expenditure of $100,000 as authorized by the State for law enforcement services under the COPS Program, and authorize the expenditure of $411.87 carried over from the City's FY 2004-05 COPS Program. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Costello, Guthrie, Dickens, Arnold, Ferrara NOES: None ABSENT: None 9.b. Consideration of Naming a Private Drive Located in Tract 2310 (Parkside). Assistant Planner Foster presented the staff report and recommended the Council adopt a Resolution nami,ng the private drive located in Tract 2310 (Parkside) as "Glenbrook Way". Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received, and the Mayor closed the public hearing. CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 4 Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE NAMING THE PRIVATE DRIVE LOCATED IN TRACT 2310 (PARKSIDE) AS "GLENBROOK WAY". Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Arnold, Dickens, Costello. Ferrara NOES: None ABSENT: None 9.c. Consideration of Appeal of Planning Commission's Denial of Lot Line Adjustment Case No. 05-001; 130 & 132 Short Street. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution denying the appeal and upholding the Planning Commission's decision. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Dave Sturqes, appellant, referred to the letter in the staff report (Attachment 5) from his attorney, John Belsher, which he stated outlines legal issues related to the proposed iot line adjustment. He gave an overview and history of the two properties; displayed a plot plan illustrating the current configuration of the two parcels; displayed a plot plan illustrating the parcel configuration with the proposed lot line adjustment; and presented an alternative plot plan based 011, suggestions received by staff. He responded to statements in the staff report relating to the Planning Commission's inability to make findings #5 and #7 for the proposed lot line adjustment and stated that the reasons for denial are in conflict with the requirements of the City's Municipal Code and Village Design Guidelines. He concluded by stating he has provided three different alternatives for a lot line adjustment and stated he was willing to pursue any of them. Mike Stanton, land surveyor representing Mr. Sturges, stated he had reviewed the title history on the properties and had confirmed they are two separate legal parcels. He commented that lot line adjustments are exempt from the Subdivision Map Act and read the relevant exemption provision from the Act. He noted that Alternatives 2 & 3 which were presented by Mr. Sturges meet the City's development standards with the exception of the garage, which was constructed prior to the creation of the development standards. He stated that this proposal is consistent with the goals of the City's General Plan and supported approval of the lot line adjustment. Mary Marqaret Curzon, stated she lived next door to the lots under consideration and spoke in support of the lot line adjustment. No further public comments were received and Mayor Ferrara closed the public hearing. In response to questions by Council Member Dickens, City Attorney Carmel clarified that lot line adjustments are exempt from the provisions of the Subdivision Map Act; however, lot line adjustments must conform with the local General Plan, zoning and building ordinances. He referred to the City's Development Code section on Lot Line Adjustments which outline the findings which must be made in the affirmative. He also clarified the proposed lot configuration to be considered by Council tonight was the application which was considered by the Planning Commission and which is the basis for the appeal. CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 5 Following clarification regarding the process and provisions for approving a lot line adjustment, the zoning of the parcel, clarifying that only one proposed lot line adjustment configuration was applied for and considered by the Planning Commission, Council Member Dickens stated that no evidence was brought forth that merits reversal of the Planning Commission's decision to deny the lot line adjustment application. He concurred that he would also have difficulty making findings #5 & 7 and supported upholding the Pianning Commission's decision. Council Member Guthrie stated he supported the Planning Commission's decision. He commented on emergency access issues regarding flag lots and stated that the proposal does not meet the minimum requirements for flag lots. He indicated he would be inclined to deny the project without prejudice. Council Member Arnold stated that nothing was presented to warrant overturning the Planning Commission's denial of the lot line adjustment application. He noted the applicant's proposal would create two non-conforming lots and expressed concerns associated with not being able to place conditions on the lot line adjustment and the potential for future development without conditions of approval. He said he would recommend the applicant bring the issue back to the Planning Commission to present his other alternatives; and supported denying the appeal. Mayor Pro Tem Costello noted that the Council had to consider the original application and the reasons the Planning Commission denied the application. He noted that the flag lot issue needed to be addressed. He encouraged the applicant to return with a different proposal to preserve the two structures. He stated he would uphold the Planning Commission's decision. and deny the appeal without prejudice. Mayor Ferrara expressed concerns with the proximity. of the properties to the Swinging Bridge, the Nelson Green, and Heritage Square which have become the center of various civic and recreational activities. He noted the potential benefits for a Planned Unit Development application for .the subject lot; noted that any activity on this property would have potential negative impacts to the Arroyo Grande Creek; and encouraged the applicant to present other alternatives. He supported denying the appeal without prejudice. Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL 05-004 AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF LOT LINE ADJUSTMENT 05- 001; APPLIED FOR BY DAVE STURGES; LOCATED AT 130 AND 132 SHORT STREET", as amended, to deny "without prejudice". Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Arnold, Dickens, Costello, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS 10.a. Consideration to Approve a Water Wheeling Agreement with the Oceano Community Services District (OCSD) for the. Christie Family Subdivision. .-. .-. CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 6 Assistant City Engineer Linn presented the staff report Recommended Action: 1) Approve the Agreement with OCSD for the Christie Family Subdivision and authorize the Mayor to execute the agreement in a form approved by the City Attorney; and 2) Approve the proposed modifications to the City's Policy regarding future requests to enter into Water Wheeling Agreements. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Terrv Orton, Westland Engineering, spoke in support of the Water Wheeling Agreement on behalf of the Christie family and noted that the proposed Agreement meets existing Arroyo Grande water policy; clarified that OCSD has suffiCient water to sell to the Christie Family Subdivision; noted that the Arroyo Grande system has the capacity to transport (wheel) the water; and confirmed that the subdivision to be served by the wheeled water meets the requirements of San Luis Obispo County for domestic and fire water use. Bob Christie, explained that a well sharing agreement with the other property owners was not an option as they only had one share. He gave a PowerPoint presentation which highlighted Water Wheeling Agreement approval issues between OCSD Community Services District, the City of Arroyo Grande, and the Christie family; explained that the Agreement does not conflict with Arroyo Grande's land use policy or General Plan; explained that the Christie project meets all requirements of the current Arroyo Grande Water Wheeling Policy; explained that this Water Wheeling Agreement would not set a precedent for new growth; addressed concerns about how often and for how long the State turns off its water flow for maintenance; noted that the Christie. Farnily maintains one share in the existing shared well agreement for emergency purposes; and explained that no other local water sources are available as the well sharing agreement cannot be expanded. He stated the Water Wheeling Agreement was their only remaining option and summarized the benefits for approving the Agreement. Mayor Ferrara asked what contingency the City has in place if, in a severe drought, OCSD does not get its State water allocation, how it affects the Agreement City Attorney Carmel responded that indemnification provisions wo.uld be included in the Agreement to protect the City's interest and that an alternative water supply would have to be provided by OCSD. Mayor Ferrara stated he was more concerned with supply than with liability and that the City's first priority should be to its residents. City Attorney Carmel noted that the Christie Family retains one share in their existing water well agreement, which could be used for emergency purposes. Cvndee Christie, referred to email correspondence from OCSD Community Services District General Manager, Mitch Cooney, regarding the District's approval of the Water Wheeling Agreement for the Christie Family Subdivision and read it into the record (on file in the Administrative Services Department). She also gave an overview (letter on file in the Administrative Services Department) of her family's involvement in the Arroyo Grande community; explained what their goals were with this request for a Water Wheeling Agreement; explained that all possible alternatives for obtaining water were researched thoroughly; reiterated that this Agreement is their last option; and requested the Council's support and approval of the Agreement. Mike Miller, representing Sateen Bhat, noted that the Bhat family is in the same position as the .-- Christies and the issue regarding the availability of Circle Two water remains unresolved. He requested the Council leave the door open for the Bhat family to request a Water Wheeling Agreement in the future if they are unable to resolve their water needs. CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 7 No further public comments were received and Mayor Ferrara closed the public comment period. Council Member Guthrie acknowledged the limited infrastructure available in the City's fringe areas. He commented on the County's requirement for an upgraded water service rather than a well system, due to the insufficiency of past well agreements where wells have failed or there have been water quality issues. He said he believed the County was looking for the development of a complete water source. He stated that it was in the City's, the County's, and. the community's best interest that other water sources are developed. He was not in favor of the Water Wheeling Agreement and stated that a separate water system should be developed. As far as the issue regarding fire protection, Council_ Member Guthrie acknowledged this was a separate issue and that the City should be working with the County to ensure that a fire protection plan and appropriate infrastructure is available if City resources are utilized. Council Member Arnold noted that OCSD has changed its policy with regard to future Water Wheeling Agreements, and stated the proposed change in the City's policy regarding future requests for Water Wheeling Agreements was appropriate. He said he looked at the existing request as a fairness issue and felt that wheeling the water was not a violation of the current policy. He supported approval of the Water Wheeling Agreement. Council Member Dickens expressed concerns about providing municipal services to County residents. He noted that the City is obligated to shut off the water if OCSD stops supplying water and was concerned about the liability to the City. He felt that the reason the County was being so stringent on water source requirements was because there are serious issues with water use, and well sharing. He said there is a need for a long term, reliable water source. He stated it would be hard to be fair to the Christie family and not to the Bhat family. He spoke about prudent fiscal responsibility and land use planning and stated he had difficulties with a policy of providing municipal services to areas outside of the City. He stated that the parties should be working with the County to explore other options and perhaps County conditions of approval may need to be amended. He concluded by stating he would have to deny the request. - Mayor Pro Tem Costello acknowledged the concerns expressed about liability; however, he noted that the Agreement includes the appropriate provisions to protect the City. He noted that the existing policy does not prohibit approving the request; however, he would support amending the policy for future requests. He stated he had no objections to approving the Water Wheeling Agreement. He acknowledged the water problem in the community and acknowledged the need to look at long-term fire protection capabilities in this area as mentioned by Council Member Guthrie. He concluded by supporting the Agreement and the change to the existing policy as proposed. In response to Mayor Ferrara's question on the liability issue, City Attorney Carmel clarified that the Water Wheeling Agreement is with OCSD and not the Christie family. Mayor Ferrara expressed concerns that the Christies would rely on the wheeled water as a primary source and cautioned the Christie family to consider the potential that OCSD could shut off their water supply in a drought situation. - He urged them to seek alternative long-term water "'----- source solutions. He stated he could support the Agreement as amended to address the fact the City is not supplying the water, it is only transporting the water; and if the City's current policy regarding water wheeling agreements wer~ amended as proposed. - CITY COUNCIL MINUTES SEPTEMBER 13, 2005 ~ PAGE 8 Council Member Arnold suggested placing a provision in the Agreement for a deed restriction on all the Christie parcels which would provide notice to potential purchasers that the City is only wheeling the water and not providing the water. Council Member Arnold moved to tentatively approve the revised Water Wheeling Agreement with the Oceano Community Services District (OCSD) for the Christie Family Subdivision, as amended to include a provision requiring deed restrictions on all parcels stating that the City of Arroyo Grande is not providing water to the parcels, but is only providing the infrastructure to wheel the water from Oceano. Discussion ensued with regard to whether the Agreement would be amended and approved in form by the City Attorney, and it was requested by the Council that the revised Agreement be placed on the Consent Agenda at the next meeting for final approval. Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote:. AYES: Arnold, Costello, Ferrara NOES: Dickens, Guthrie ABSENT: None Council Member Arnold moved to approve the proposed modifications to the City's Policy regarding water wheeling agreements for future requests to enter into water wheeling agreements. Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: Arnold, Costello, Dickens, Guthrie, Ferrara NOES: None ABSENT: None 11. NEW BUSINESS 11.a. Consideration of Procedures for Enforcement of Illegal Garage Conversions and Secondary Units. Neighborhood Services Coordinator Ansolabehere presented the staff report and recommended the Council direct staff to proceed with the proposed "Notice of Violation" and Minor Use Permit processes to address illegal garage conversions and illegal secondary residential dwellings. Staff responded to questions from Council regarding the proposed program. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Steve Ross, Arroyo Grande, observed that the Fire Department has the ability to red .tag a structure if there were life/safety issues or violations; commented on the proposed time of sale certificate of.compliance program and acknowledged'the staff time and effort to implement the program; and suggested that a monetary fine could be issued for a violation, and that if there is no compliance, a lien can be filed on the property. No further public comments were received and Mayor Ferrara closed the public comment period. CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 9 Council Member Dickens noted that there was a need to balance the health and safety of the community with staff resources necessary to deal with enforcement issues. He also commented that the City is already taking a lot of the steps to help property owners meet Code compliance. He favored implementing more stringent regulations down the road, starting with the proposed Notice of Violation process. He stressed the need to be community friendly, but to hold peopie accountable for health and safety issues. Council Member Arnoid supported the proposed program and suggested more clearly defining how violations are identified and prioritized for enforcement. He also favored the time of sale certificate of compliance program and suggested moving forward with implementing the program. Council Member Guthrie commented on the importance of tracking life/safety violations. He expressed concern with conducting the program on a complaint driven basis when it is known how many violations exist He suggested including specific criteria for how illegal garage conversion and secondary unit violations are identified. He agreed the time of sale certificate of compliance program was 3good idea, and noted the City has a similar program in place with the water conservation retrofit program. He supported moving forward with the program as proposed. Mayor Pro Tem Costello acknowledged this as a positive step and stressed the need to continue to be vigilant with life/safety issues. He suggested further investigation of the certificate of compliance program to see what is involved to implement it He suggested talking to members of. the real estate community to determine the impact of such a program .on the sale of property. He supported moving forward with the program as PropoSlild. Mayor Ferrara stated that the City needs to be more definitive as to what is a hazardous life/safety situation versus what is not a hazardous life/safety situation. He would also like to see a brochure to educate the public about what constitutes illegal garage conversion and illegal secondary dwelling unit violations, including descriptions, consequences, how to fix the violation, etc. He would like the City to take a more proactive approach with a rigorous public outreach and education program, including information in the City newsletter and water bill inserts. Council Member Arnold suggested the creation of an informational video explaining the program to broadcast on the City's government access channel. Council Member Dickens moved to direct staff to proceed with the proposed "Notice of Violation" and Minor Use Permit processes to address illegal garage conversions and illegal secondary residential dwellings, and to direct staff to work on increased public notification/education/outreach efforts including brochures and video, and to research the time of sale certificate of compliance program. Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: Dickens, Arnold, Guthrie, Costello, Ferrara NOES: None ABSENT: None CITY.COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 10 12. CITY COUNCIL MEMBER ITEMS a. Req uest for staff to prepare traffic model projections for closure of the Halcyon/Brisco Road off ramp. (GUTHRIE) Council Member Guthrie referred to the City's Traffic Model and the Hwy 101/Brisco/Halcyon . Project Study Report (PSR) and proposed using the Traffic Model to prepare various traffic model scenarios and projections based on a closure of the northbound Highway 101 off ramp at Brisco Road. Discussion ensued regarding the existing 101lBrisco/Halcyon PSR, as well as traffic studies in general, Caltrans jurisdiction over the off-ramp, and consensus from the Council to pursue this suggestion was not reached. However, Mayor Ferrara suggested that he could talk to the Caltrans representative at the next SLOCOG Executive meeting to see if Caltrans would come to a Council meeting to provide their perspective on the issue as an informational it~m. The Council concurred with the Mayor's suggestion. 13. CITY MANAGER ITEMS a. Update on Post Office Relocation. City Manager Adams reported that the United States Postal Service has decided to relocate the Arroyo Grande Post Office to 160 Station Way. He indicated that while this was not the ideal location, it was the best of the three locations proposed by the U.S. Postal Service. While the Council did not wish to formally appeal the decision; staff was directed to prepare a letter to the Postal Service expressing concerns regarding site selection as it relates to available parking, internal traffic circulation, and traffic safety issues at Station Way and Traffic Way. 14. COUNCIL COMMUNICATIONS Mayor Ferrara acknowledged the community involvement and response to the Central Coast Hurricane Relief Drive. He thanked Linda and Chuck Fellows and Kristen Barneich for their participation and thanked the community for its tremendous support for the relief effort. 15. STAFF COMMUNICATIONS City Manager Adams announced that the Annual Harvest Festival was coming up on Friday, September 23'd and Saturday, September 24'h. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT There being no further business to come before the City Council, Mayor Ferrara adjourned the meeting at 11 :11 p.m. . . i CITY COUNCIL MINUTES SEPTEMBER 13, 2005 PAGE 11 ~ Tony Fe , ayor ATTEST: (Approved at CC Mtg 10/25/2005)