HomeMy WebLinkAboutMinutes 2003-10-28MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 28, 2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Members Runels, Costello, Mayor Pro Tern Dickens, and Mayor
Ferrara were present. Council Member Lubin was absent.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services Wetmore, Director of Public Works Spagnolo, Acting Community
Development Director Heffernon, Assistant Planner Bergman, Planning
Intern Krasnove, Chief Building Inspector Schmidt, and Director of Parks,
Recreation and Facilities Hernandez.
3. FLAG SALUTE
Members of the Knights of Columbus led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Recognizing October as Disability Achievement Month.
Mayor Ferrara presented Mr. Mark Shaffer, Executive Director, UCP of San Luis Obispo, with an
Honorary Proclamation recognizing October as Disability Achievement Month.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Runels moved, Council Member Costello seconded, and the motion passed
unanimously that all resolutions and ordinances presented at the meeting shall be read in title
only and all further reading be waived.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
None.
8. CONSENT AGENDA
Mayor Pro Tern Dickens requested that Item 8.g. be pulled for separate roll -call vote.
Council Member Costello moved, and Council Member Runels seconded the motion to approve
Consent Agenda Items 8.a. through 81, with the recommended courses of action. City Attorney
Carmel read the Ordinance title for Item 8.e. The motion carried on the following roll -call vote:
AYES: Costello, Runels, Dickens, Ferrara
NOES: None
ABSENT: Lubin
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OCTOBER 28, 2003
PAGE 2
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period October 1, 2003 -
October 15, 2003.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the
Water Facility Fund.
Action: Received and filed the September 2003 cash report and approved the interfund
advance from the Water Facility Fund to cover cash deficits in other funds at September
30, 2003.
8.c. Consideration of Adjustment to Medical Insurance Benefits for Arroyo Grande
Police Officers' Association (AGPOA) and Arroyo Grande Career Firefighters'
Association (AGCFA).
Action: 1) Adopted Resolution No. 3715 Establishing the City's Contribution Toward
Health Care Coverage for Members of the AGPOA; and 2) Adopted Resolution No. 3716
Establishing the City's Contribution Toward Health Care Coverage for Members of the
AGCFA.
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
October 14, 2003 as submitted.
8.e. Consideration of Adoption of Ordinance Amending, Repealing and Adding
Provisions to Titles 1, 2, 3 and 16 of the Arroyo Grande Municipal Code.
Action: Adopted Ordinance No. 547.
8.f. Consideration of Award of Bid for Contracted Custodial Services.
Action: Awarded the bid for contract custodial services to Clean Sweep Janitorial in the
amount of $4,134.15 per month, and authorize the Mayor to execute the Contractor
Services Agreement.
Mayor Pro Tern Dickens declared a conflict of interest on Item 8.g. due to family ownership of
real property near the project.
8.9. Consideration of Acceptance of the Branch Mill Road Rehabilitation and Drainage
Improvements Project, PW 2003-03.
Recommended Action: 1) Accept the project improvements as constructed by Papich
Construction Company in accordance with the plans and specifications for the Branch
Mill Road Rehabilitation and Drainage Improvements Project; 2) Direct staff to file a
Notice of Completion; and, 3) Authorize release of retention of $21,944.36, thirty-five (35)
days after the Notice of Completion has been recorded, if no liens have been filed.
Council Member Runels moved to approve Item 8.g. with the recommended course of action,
Council Member Costello seconded the motion, and the motion carried on the following roll -call
vote:
AYES: Runels, Costello, Ferrara
NOES: None
ABSENT: Lubin, Dickens
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OCTOBER 28, 2003
PAGE 3
9. PUBLIC HEARINGS:
9.a. Consideration of Appeal of Viewshed Review Case No. 03-004; 195 N. Elm Street;
S. Accorero.
Planning Intern Krasnove presented the staff report and recommended the Council adopt a
Resolution denying the appeal of the Planning Commission's denial of Viewshed Review Case
No. 03-004.
Mayor Ferrara opened the public hearing
Sandy Accomero, appellant, spoke in support of the proposed project and submitted letters in
support of the project from the following neighbors located on N. Elm Street: Mr. and Mrs. Ray O.
Valdez, Mr. Leslie Kight, Ms. Imogene "Jean" Hubbard, and Tony and Suzan Marinelli (on file in
the Administrative Services Department).
Pam Accomero, spoke in support of the proposed project.
Ed Arnold, Planning Commissioner, stated there was a concern at the Planning Commission
level that the project would set a precedent for the neighborhood.
Jacaue Dieres, spoke in support of the proposed project.
Sandy and Pam Accomero responded to public comments.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council and staff discussion ensued with regard to the required findings for vewshed
applications; clarification that a precedent had already been set as there were other two-story
homes in the neighborhood; and acknowledgement of the letters from the neighboring residents
regarding support for the project. Following discussion, City Attorney Carmel advised the
Council that it could take tentative action to uphold the appeal and approve the project and direct
staff to return to the Council with a supporting Resolution.
Council Member Costello moved to take tentative action to uphold the appeal and approve
Viewshed Review Case No. 03-004 and direct staff to return to Council with a supporting
Resolution. Mayor Pro Tern Dickens seconded the motion, and on the following roll -call vote, to
wit:
AYES: Costello, Dickens, Runels, Ferrara
NOES: None
ABSENT: Lubin
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed.
9.b. Consideration of Appeal of Amended Conditional Use Permit Case No. 03-004;
1220 Farroll Avenue; Coastal Christian School.
Assistant Planner Bergman presented the staff report and recommended the Council adopt a
Resolution denying the appeal of the applicant and requiring the placement of two fire hydrants;
one located in front of the subject property and one located within the boundaries of the property
between the existing chapel and sanctuary and the school campus.
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OCTOBER 28, 2003
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Mayor Ferrara opened the public hearing.
Lance Tullis, appellant, spoke in support of the placement of one fire hydrant; however, he
requested reconsideration of the requirement for the placement of the second fire hydrant at the
rear of the property.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council and staff discussion ensued concerning the current student population, the temporary
nature of the original approval, whether or not the buildings at the back of the property were
portable, clarification of Uniform Fire Code requirements concerning placement of fire hydrants,
and whether or not any consideration had been given to the placement of one centrally located
fire hydrant on -site instead of the two being proposed. In the absence of the Fire Chief, City
Manager Adams provided an overview of the Chiefs professional opinion of requiring installation
of two fire hydrants.
Council Members Costello and Runels supported the Planning Commission's action and did not
support the appeal, expressing concerns for student safety. Mayor Pro Tern Dickens suggested
a need for compromise in order to be consistent with the project's original approval. Following
further discussion regarding the fire hydrants, Mayor Ferrara suggested going back to the
drawing board to review other options. He stated he would like to see specific references in the
Uniform Fire Code and Uniform Building Code requirements that establish the basis for two fire
hydrants.
Mayor Pro Tern Dickens moved to continue the consideration of the appeal of Amended
Conditional Use Permit 03-004 at 1220 Farroll Avenue and requested staff to bring back
additional information with regard to the relevant Fire Code requirements and how the conditions
imposed in the previously approved Resolutions for the original Conditional Use Permit have
changed to date. Mayor Ferrara seconded the motion. Council Member Costello inquired if the
item was being continued to a date specific. City Manager Adams recommended it be continued
to the next regular meeting of November 11, 2003. Mayor Pro Tern Dickens agreed to the
amended motion, Mayor Ferrara seconded and on the following roll -call vote, to wit:
AYES:
Dickens, Ferrara, Costello
NOES:
Runels
ABSENT:
Lubin
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed
9.c. Consideration of Development Code Amendment Case No. 02-001 and Vesting
Tentative Tract Map Case No. 02-095; a Proposed Residential Subdivision of a
29.46-Acre Site Into 15 Single Family Lots, Two (2) Open Space Parcels, and a 1.28-
Acre Parcel for Future Development of Four (4) Moderate4ncome Units for
Property Located within the Royal Oaks Planned Development; Lot 182 and Portion
of Lot B, Tract 1390- Don McHaney.
Acting Community Development Director Heffernon presented the staff report and recommended
the Council introduce an Ordinance amending Ordinance No. 355 C.S., approving Development
Code Amendment 02-001 and adopting a Resolution approving Tentative Tract Map 02-005.
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OCTOBER 28, 2003
PAGE 5
Mayor Ferrara opened the public hearing.
Gres Nester, developer, spoke in support of the project; however, he did not support
in -lieu fees. the
affordable housing component. He stated he would support the payment of affordable housing
Carlo Alfono, JLH Partnership, spoke in support of the project and stated that the extension of
Grace Lane is a major component of the project.
Bob Miller, Via Vaquero, spoke in support of the project; however he expressed concerns with
the existing fence running along the back of Via Vaquero and requested that the fence be
replaced commensurate with fences allowed in the Rancho Grande subdivision.
Liz Ruth, Avenida de Diamante, referred to the pedestrian tail, which gets lots of use, and stated
that it needs to be preserved. She said it can provide a vital link to Rancho Grande Park and the
South County Library.
Ruth McMillan, Avenida de Diamante, stated this development could hinder her view and she
does not want to lose the view. She expressed concerns regarding the width of Grace Lane,
more traffic directed to Rodeo Drive, the price and size of the homes, and whether or not there
would be a Homeowners Association for the development.
Jim Guthrie, Planning Commissioner, addressed the issue regarding affordable housing in -lieu
fees versus affordable housing units and stated that the in -lieu fees would not be sufficient.
Greg Nester, developer, responded to concerns expressed during public comment.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Member Costello emphasized the need to retain the open space permanently; agreed
that affordable housing in -lieu fees cannot compensate for the loss of affordable housing in this
project; and supported the project as proposed.
Council Member Runels supported the project as proposed.
Mayor Pro Tern Dickens stated he was not in favor of the proposed Vesting Tentative Tract Map
Condition of Approval #8 concerning the affordable housing component, and further expressed
concerns regarding the width of Grace Lane, the proposed design of driveways within the
project, the width of the dirt bench, and the fencing. Mayor Pro Tern Dickens recommended the
applicant return with modifications to the project to address these concerns.
Mayor Ferrara commented on the proposed pedestrian trail and the proposed affordable housing
component. He stated he did not see suitability of common wall housing in this development and
stated the design was inconsistent with established zoning patterns. He did not support the
project as proposed and encouraged single-family housing in the affordable housing component
of the project. He recommended true incusionary housing for the project or, as a last resort,
acceptance of affordable housing in -lieu fees. He did not support the project as proposed.
Following discussion, Council Member Costello moved to direct staff to work with the applicant to
develop a project to include incusionary housing, preservation of the existing trail, and fencing
around the border of the project that would be consistent with the CC&R's for Rancho Grande.
Mayor Ferrara asked for clarification on whether the motion included a better depiction for a
formal trail network. Council Member Costello said yes. Mayor Pro Tern Dickens seconded the
motion.
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OCTOBER 28, 2003
PAGE 6
Discussion ensued with regard to the timeframe for returning to Council on this item. City
Manager Adams recommended that the item not be continued to a date certain. Mr. McHaney
expressed concerns with the direction that was being given regarding the affordable housing
component of the project. Further discussion was held with regard to density bonuses. The
applicant was encouraged to come back with several different design options for affordable
housing that did not include common wall housing.
On the following roll -call vote, to wit:
AYES: Costello, Dickens, Runels, Ferrara
NOES: None
ABSENT: Lubin
There being 4 AYES, 0 NOES and 1 ABSENT, the motion is hereby declared to be passed.
Mayor Ferrara called for a break at 9:45 p.m. The Council reconvened at 9:50 p.m.
9.d. Consideration of Proposed Resolution Amending the City's Standard Schedule for
Development Impact Fees.
Director of Public Works Spagnolo presented the staff report and recommended the Council
adopt a Resolution amending the City's standard schedule for Development Impact Fees to
establish a water facility fee for an 8-inch water meter.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Council Member Runels moved to adopt a Resolution amending the City's standard schedule for
Development Impact Fees to establish a water facility fee for an 8-inch water meter. Mayor Pro
Tern Dickens seconded the motion, and on the following roll -call vote, to wit:
AYES: Runels, Dickens, Costello, Ferrara
NOES: None
ABSENT: Lubin
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed.
9.e. Consideration of Proposed Ordinance Repealing Chapters 5.04, 5.08, 5.12, 5.20,
5.32, 5.40, 5.48 and 5.76 of Title 5 of the Arroyo Grande Municipal Code and Adding
Thereto a New Chapter 5.02 Regarding Business Licenses.
City Manager Adams presented the staff report and recommended the Council introduce an
Ordinance repealing Chapters 5.04, 5.08, 5.12, 5.20, 5.32, 5.40, 5.48 and 5.76 of Title 5 of the
Arroyo Grande Municipal Code and adding thereto a new Chapter 5.02 regarding Business
Licenses. City Manager Adams noted that a revised Ordinance had been distributed to the
Council prior to the meeting which added Contractors to the list of specific businesses which
would be charged at a separate rate established by City Council Resolution. He further
explained that if the Ordinance were introduced, a Resolution establishing a Business License
CITY COUNCIL MINUTES
OCTOBER 28, 2003
PAGE 7
Fee Schedule would be presented for Council consideration at the next regular meeting following
adoption of the Ordinance.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Council Member Costello moved to introduce an Ordinance repealing Chapters 5.04, 5.08, 5.12,
5.20, 5.32, 5.40, 5.48 and 5.76 of Title 5 of the Arroyo Grande Municipal Code and adding
thereto a new Chapter 5.02 regarding Business Licenses. Mayor Pro Tem Dickens seconded the
motion, and on the following roll -call vote, to wit:
AYES: Costello, Dickens, Runels, Ferrara
NOES: None
ABSENT: Lubin
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby 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/SLORTA). Received presentation on regional program
projects and held discussion regarding priority and status of programmed funding
for significant regional transportation projects.
(2) Integrated Waste Management Authority (IWMA). No report.
(3) Other. None.
b. MAYOR PRO TEM JIM DICKENS:
(1) South County Youth Coalition. Reported on efforts to provide weekend
activities for teens; Reported on the Bright Futures Program, an after -school
learning program for K-6 grade students; Received presentation by Sylvan Levine
on "Male Voices", a program for older male teens; and Reported that 40 youth
attended a conference in San Jose.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Met to
discuss the Safety Railing and Catwalk project; Reported that the plant continues
to meet its discharge requirements.
(3) Other. None.
C. COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board. No report; however, the Technical Committee
met to discuss the retrofit upgrade to the water treatment plant.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. Reported that the Santa Maria Valley case is now being heard in court.
CITY COUNCIL MINUTES
OCTOBER 28, 2003
PAGE 8
d. COUNCIL MEMBER SANDY LUBIN: (ABSENT)
(1) South County Area Transit (SCAT). No report.
(2) Economic Vitality Corporation (EVC). No report.
(3) Other. None.
e. COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD). No report.
(2) Other. Attended an EVC meeting.
13. CITY COUNCIL MEMBER ITEMS:
a) Discussion regarding Request for Financial Assistance to South San Luis Obispo County
Sanitation District from the San Luis Obispo County Flood Control and Water
Conservation District Zone 1 and 1/A Advisory Committee (DICKENS)
Mayor Pro Tem Dickens gave an overview of the request for financial assistance for funding of a
Sedimentation Analysis and Alternatives Study for Arroyo Grande Creek and Los Berros Creek
Flood Control Channels and sought comments and direction from the Council. Council
discussion ensued regarding sediment accumulation in the creeks, maintenance of the creek
channels, and the proposed study objectives. Mayor Ferrara stated that based on the outlined
objectives, he did not support the Sanitation District funding a portion of the study at a cost of
$177,000. He suggested a more focused study that deals with implementation of an action plan
to solve the problem, to be able to obtain the appropriate permits and start work. He also
suggested that Salmon Enhancement go back to the originator of the grant and ask them if some
of the objectives can be reconfigured to focus on remedying the immediate problem. Council
Member Runels agreed that the objectives should be action -oriented. Council Member Costello
commented that there might be a way to tie the objectives to the direct results of the failure of the
levy. Mayor Pro Tern Dickens indicated he would take the Council's comments back to the next
Sanitation District meeting.
b) Update regarding plans to schedule public workshops to obtain public feedback on future
land uses on properties in the City's Sphere of Influence (Frederick and Williams
properties) (FERRARA)
Mayor Ferrara reported that he had met with the Williams and Frederick families and gave an
overview of the meeting, which focused on the funding status of the El Campo PSR. He also
reported on discussion held regarding the structure for future community workshops and
outreach efforts to obtain public feedback.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
None.
16. STAFF COMMUNICATIONS:
City Manager Adams announced that the new lights are up at the Soto Sports Complex and
invited the Council and public to a brief "lighting" ceremony on Thursday at 5:00 p.m. City
Manager Adams also reported that Fire Chief Fibich and two Arroyo Grande units are currently in
Southern California fighting the ongoing fires.
CITY COUNCIL MINUTES
OCTOBER 28, 2003
PAGE 9
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:40 p.m.
Tony M. Ferr , Mayor
ATTEST:
`' " L I
Kelly W mo e, Director of Administrative Services/
Deputy City Clerk
(Approved at CC Mtg i ,n