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HomeMy WebLinkAboutMinutes 2004-07-27MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 27, 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, Costello, were present. Council Member Dicke sor ro Tern in, and Mayor was absent Ferrara City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Parks, Recreation and Facilities Hernandez, Acting Community Development Director Heffemon, Associate Planner McClish, and Assistant Planner Ryan Foster. 3. FLAG SALUTE Homer Clees, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5 SPECIAL PRESENTATIONS None. 6 AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Costello moved, Council Member Runels 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 Connie Dunbar, Arroyo Grande, spoke about Measure Q, a measure on the November 2, 2004 ballot prohibiting the growing of genetically engineered organisms in San Luis Obispo County. She handed out materials regarding the measure to be distributed to the Council and urged the Council to consider formally supporting Measure Q. 8 CONSENT AGENDA Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 81, with the recommended courses of action. The motion carried on the following roll -call vote: AYES: Runels, Costello, Lubin, Ferrara NOES: None ABSENT: Dickens 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period July 1, 2004 — July 15, 2004. CITY COUNCIL MINUTES J U LY 27, 2004 PAGE 2 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the June 2004 cash report and approve the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of June 30, 2004. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of June 22, 2004, and the Special City Council and Regular City Council/Redevelopment Agency Meetings of July 12, 2004, as submitted. 8.d. Consideration of Approval of Final Tract Map 2471; Alan Little Custom Homes; Berry Gardens Sub Area 3. Action: 1) Approved Final Tract Map 2471, subdividing 1.68 acres into nine (9) residential lots; and 2) The approval of the map is subject to its inclusion in any drainage maintenance district which may be formed. 8.e. Consideration to Approve a Request to Assign Street Sweeping Services to SP Maintenance Services, Inc. Action: Adopted Resolution No. 3767 approving a request to assign the month -to -month agreement with Daystar Industries for street sweeping to SP Maintenance 4ervices, Inc. 81 Consideration of Stonecrest Drainage and Access Driveway Grading ModMication. Action: Approved the Planning Commission's recommendation for drainage and access driveway grading improvement plan amendments to Tract No. 2326, Stonecrest; proposed by Howard Mankins and S&S Homes. 9. PUBLIC HEARINGS 9.a. Consideration of Conditional Use Permit 04-002; 959 Valley Road; St. John's Lutheran Church. Assistant Planner Foster presented the staff report and recommended the Council adopt a Resolution, as amended, approving Conditional. Use Permit 04-002, adopting a Mitigated Negative Declaration, and instructing the Director of Administrative Services to Fle a Notice of Determination. Assistant Planner Foster advised the Council that the applicant hAs requested a waiver of Condition #54 regarding underground utilities; and has requested to defer connections to City water and sewer utilities for a period of two (2) years in order to secure all .of the necessary permits/easements from the various agencies involved. He recommended that Condition #81 be deleted because it was duplicative of Condition #87 (relating to a required letter of credit for certain required project improvements). Assistant Planner Foster they responded to questions from Council regarding the request'for deferred sewer and water connections; issues related to the abandonment of the well and a suggestion that unused water be transferred to the City. Mayor Ferrara opened the public hearing. Frank Drake, member of St. John's Lutheran Church, stated that he was available to answer questions about the project. He referred to correspondence included in the staff report from WRD Engineering regarding an estimate to provide improvement plans for City water and sewer line extensions to the site. He assured the Council that they would be actively pursuing the permits from the required agencies in order to expedite the connection process. Upon hearing no further comments, Mayor Ferrara closed the public hearing. CITY COUNCIL MINUTES JULY 27, 2004 PAGE 3 Council Member Costello expressed concern about the delays in the sewer and water connections; however, he stated he understood that adequate measures were in place for the connections and supported the project as proposed. Council Member Runels stated that he supported the deletion of Condition #54 regarding the undergrounding of utilities. He referred to the existing on -site well and stated he would like to see measures in place that would transfer any available water to the City. He also suggested the applicant pursue potential use of an existing sleeve on a bridge crossing the creek. He supported the project as proposed. Mayor Pro Tern Lubin agreed that any available well water should be transferred to the City, and he agreed with the deletion of Condition #54 regarding underground utilities. Mayor Ferrara also agreed that it was important to address the transfer of water rights. Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDI ZONAL USE PERMIT 04-002, LOCATED AT MW VALLEY ROAD, APPLIED FOR by ST. JOHNS LUTHERAN CHURCH", as amended to delete Condition #54, delete Condition #81, and to add language to Condition #49 regarding the transfer of water rights. City Attorney Cannel read the additional language to Condition #49 as follows: 'The City shall also be entitled to use and/or obtain credit for the difference between historical agricultural water use on the property and domestictirrigation water use on the property." Mayor Pro Tern Lubin seconded the motion, and on the following roll -call vote: AYES: Costello, Lubin, Runels, Ferrara NOES: None ABSENT: Dickens There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed 9.b. Consideration of General Plan Amendment 04-002; Change in Land Use Designation from Conservadon/Open Space and Single Family R**WentW Low Density Planned Development to Conservation/Open Space and Sire Family Very Low Density Planned Development for an Approximate 53-Acre Property Located on the South Side of Noyes Road at the Northwest Edge of the City Limits in the Rancho Grande Planned Development (1.2), City of Arroyo Grade (Castlsrock Development). Mayor Ferrara stated that it has been the practice of the Council in the past that the entire Council be present to consider . General Plan Amendments. He stated that although a continuance was being recommended on this item, the public hearing would be opened and comments accepted into the record. Mayor Pro Tern Lubin announced a potential conflict of interest due to the fact that this item is tied closely to another project in which he has a direct conflict of interest due to ownership of real property near the project. He stepped down from the dais. CITY COUNCIL MINUTES J U LY 27, 2004 PAGE 4 Associate Planner McClish presented the staff report and stated that the Planning Commission recommended that the Council adopt a Resolution to amend the Land Use Element (Land s to Map) of the General Plan to change the land use designation for the subject props Conservation/Open Space and Single Family Very Low Density Planned Development. She also clarified that the Council could continue the item to another date. Mayor Ferrara opened the public hearing. Holly Covington, Arroyo Grande, stated she lived across the street from ame proposed development and she had not seen a plot plan of what is being proposed. Sh xpressed concerns about oak tree preservation and sewer, traffic, and water impacts as a result of the development. She requested more information about what is being proposed. Dean Burdo, rural Arroyo Grande,. stated he lived just outside of the City limits adjacent to the subject properties, and he expressed concerns regarding traffic impacts; quality of life as it relates to land use and retaining the larger parcel sizes; and concern for protecting the animals and wildlife habitat on the properties. Dennis Law, Andre, Morris, and Buttery, spoke on be of Castlerodc Development, and inquired whether the item would be oontinued. He also wanted to verify if there would be an opportunity for public comment at the continued hearing. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello moved to continue Item 9.b. to August 24, 2004, Council Member Runels seconded the motion, and the motion carried on the following roil -call vote: AYES: Costello, Runels, Ferrara NOES: None ABSENT: Lubin, Dickens There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Mayor Pro Tem Lubin returned to the dais. 10 CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Request for Appropriation for Arroyo Grande High School Pool (Expansion. Director of Parks, Recreation and Facilities Hernandez presented the staff report and recommended .the Council accept the recommendation from the Parks and Recreation Commission allocating $100,000 from savings from the Rancho Grande Park Project to expand the pool component of the Arroyo Grande High School remodel project contingent upon $150,000 provided from other agencies and community groups for this component. Director Hernandez responded to questions from Council regarding the community use component and funding strategies. CITY COUNCIL MINUTES JULY 27, 2004 PAGE 5 Mayor Ferrara invited the representative from Lucia Mar Unified School District (LMUSD) to address some of the questions by members of the City Council concerning the proposed pool expansion project. Diana Larsen, Assistant Superintendent, Lucia Mar Unified School District (LMUSD), responded to concerns expressed by the Council regarding community use and stated she could not find any past written agreements concerning the issue. She stated that the School District would like to work with the City on creating a Joint Use Agreement that would be recorded for posterity. Claudia Waters, Arroyo Grande PE teacher and swim coach, responded to questions from Council regarding the size of the existing L-shaped pool and the advantages of conducting multiple group activities with an expanded rectangular -shaped pool. Diana Larsen, Assistant Superintendent, LMUSD, stated that for liability reasons, a lifeguard would be on duty during hours designated for community use; however, hours for community use had not yet been determined. Additionally, she indicated that the District would be responsible for the cost of maintenance and operations. Mayor Ferrara opened the item for public comment. Andy Starkie, Arroyo Grande, spoke in favor of the expanded pool proposal so that more than one group could use the pool at a time. He urged the Council to approve the proposed allocation of funds for the expansion of the pool. Michael Scaroelli, South County Aquatics, spoke in favor of the expanded pool proposal and stated it would be a huge benefit to their organization to have a bigger pool and an opportunity to create more programs. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Runels stated he was not ready to approve the allocation of funds until he saw an approved written agreement concerning community use of the pool. Council Member Costello agreed that it was important to ensure that the community at large has access for. use of the pool. He stated he could support the proposal contingent upon a commitment of funding from other local agencies and having a joint use agreement in place. Mayor Pro Tern Lubin suggested approving an amount up to and not to exceed $100,000, subject to contributions by other municipalities and an approved joint use agreement. He encouraged the community at large to raise funds for the expansion and suggested continuing the item to obtain more information. Mayor Ferrara stated that he was comfortable approving the allocation of funds based on the contingencies and suggested that the Council direct staff to assist in community fundraising efforts. Following further discussion, Council Member Costello moved to accept the recommendation from the Parks and Recreation Commission to allocate up to $100,000 from savings from the Rancho Grande Park project to expand the pool component of the Arroyo Grande High School remodel project contingent upon final acceptance by the City Council of a Shared Use Agreement, with the flexibility of adjusting the allocation based on funding received from other CITY COUNCIL MINUTES JULY 27, 2004 PAGE 6 agencies and the community at large, and to direct staff to assist in community -wide fundraising efforts. Mayor Pro Tern Lubin seconded the motion, and on the following roll -call vote: AYES: Costello, Lubin, Ferrara NOES: Runels ABSENT: Dickens There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 11.b. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities Annual Conference. City Manager Adams presented' the staff report and recommended the Council appoint one Council Member as the voting delegate and one Council Member as the alternate delegate for the League of California Cities Annual Conference. Mayor Ferrara indicated he would be attending the Annual Conference and would serve as the Voting Delegate. He also suggested that Council Member Costello, who was also planning on attending, serve as the Alternate Voting Delegate. Mayor Pro Tern Lubin moved to appoint Mayor Ferrara as the Voting Delegate and Council Member Costello as the Alternate. Council Member Runels seconded the motion, and the motion carried unanimously by voice vote (Council Member Dickens was absent). 11.c. Consideration of Pre -Application Case No. 04-M 1; Review of a Mixed Use Planned Unit Development Composed of Resklential Units Added to 0d tNtg Offices, and Fitness Club Uses; Southeast Corner of Oak Park Boulevard and James Way; Russ Sheppel. Acting Community Development Director Heffemon presented the staff report and recommended the Council review the conceptual mixed -use development and provide suggestions and comments to the applicant. She stated the applicant is specifically seeking comments on the proposed methodology proposed for determining the top of the creek bank. She explained that due to the physical constraints of the site the setback would ultimately dictate the design of the site. Mr. Kim Hatch, architect representing the applicant, answered questions from Council with regard to the height of the bank, the effectiveness of the existing parking agreement, additional water usage for residential, historical flooding statistics, environmental constraints on the site, and the distance of the creek from the project. It was suggested that staff research past data on flooding at Oak Park Leisure Gardens. Mayor Ferrara opened the item for public comment. Kim Hatch, architect representing the applicant, distributed site plans to the Council, gave an overview of the history of the Master Plan development, and stated that the applicant was seeking comments from the Council with regard to the setback/top of bank interpretation as it will affect the design of the project. CITY COUNCIL MINUTES JULY 27, 2004 PAGE 7 parking considerations would be better mediated, and from an environmental standpoint the project would create a greenbelt area within the area of the setback. He also addressed the top of bank/setback issue and requested the Council provide direction with regard to this matter. Jean Beck, resident of Oak Park Leisure Gardens, expressed concerns about parking issues. Russ Sheppel, applicant, spoke about the history of parking problems that were created with the opening of the health cub. He stated that the proposal includes an accessory parking lot, which will help address parking problems. He clarified that the Sheppel 1 building is not vacant and is currently leased and occupied by a doctor practicing in another Sheppel building on the site. Upon hearing no further public comments, Mayor Ferrara dosed the public comment period. Council Member Costello favored the mixed -use project concept with residential. He expressed concern relating to an agreement on the creek setback, traffic, parking and access issues. He stated that access in and out of the property needed to be looked at carefully, expressing concern with traffic exiting the parking lot onto James Way. He stated that there were some nice elements to the project and the applicant was moving in the right direction. Council Member Runels stated that the project is headed in the right direction with the residential component. He stated that the proposed top of creek bank is acceptable, especidly in light of the historical grading on the site. He expressed concern about additional water usage and future water availability. He also commented that traffic would increase. He supported the project concept. Mayor Pro Tern Lubin stated that he was encouraged by the proposed project and acknowledged that the project would fix some significant existing issues. He agreed with comments made concerning the current configuration of the creek, and the potential to improve and restore the creek bank. He felt that 22 residential units would not be too different than a 25,000 square foot building as it relates to water usage. He. expressed concerns about parking and traffic as it relates to visibility and usage and felt that residential and mixed uses would reduce the number of required parking. He stated he would be interested in the design phase and how the project will blend with the existing development; and stated that measures should be taken to prevent downstream flooding. He suggested incorporating the use of greenspace and pedestrian access through the project to Oak Park Blvd. He also stated that access in and out of the project would need to be carefully considered. He commented that he was not overly concerned with the 25-foot setback issue because of the refurbishment of the creek. Mayor Ferrara supported the concept of mixed -use and commented that it would be wonderful if the employees who work in the complex could also live there. He stated that the creek is an important element and it could have a positive impact on the ecosystem. He expressed concerns about the timeline for restoring and enhancing the creek, and being careful with grading and replanting. He stated site circulation is a concern and ingress and egress is Inked to traffic considerations on James Way. He said the focus should be on educating the tenants/dients regarding circulation. As far as water usage, Mayor Ferrara stated that there was a need to be cognizant of cumulative effects. He stated he preferred this concept to the previously approved all commercial project, and stated that this project moves the City closer to its housing goals. Mayor Pro Tern Lubin suggested that staff work with the Casa Grande hotel to determine if there are any opportunities to create joint access through the project. CITY COUNCIL MINUTES JULY 27, 2004 PAGE 8 Mayor Pro Tern Lubin suggested that staff work with the Casa Grande hotel to determine if there are any opportunities to create joint access through the project. Upon conclusion of Council comments, Mayor F errara ensured �� t the applicant had received sufficient feedback and direction with regard to p Po There was no action taken on this item. J2 CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: tonal Transit (1) San Luis Obispo Council oof�Go Jere San Luis Obispo Rep Authority (SLOCOG/S rt (2) integrated Waste Management Authority (IWMA). No report. (3) Other. None. b. MAYOR PRO TEM SANDY LUBIN: (1) South County Area Transit (SCAT). No report. (2) Economic Vitality Corporation (EVC). 1) Information from F nSupply opening new received and it was announced that Farm Supply location in Arroyo Grande in a few its Boa� The be publisher Significant d Tribune newspaper was introduced as new was held concerning the Dalidio Marketplace project. (3) CJPIA. Directed staff to distribute fromthe July Annual Meeting f the June ExecubvO Committee ohe meeting minutes as well as ih ormatio Council. (4) Other. None. C. COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board. Met last week; the treatment plantlant upgrade well; a spike in algae affecting water quality has been resolved; the P project is moving along; a presentation District has edaceived red that thern an oil ms non surPi�us Lopez Lake is 48 /o full, and the water to be used this year; and the Recreation Area revenue and attendance figures were up in May and June. CommI tae (WRAC). No report. (2) County Water Resources Advisory (3) Other. Attended Zone 1A meeting held in Oceano. d. COUNCIL MEMBER JIM DICKENS: (ABSENT) (1) South County Youth Coalition. No report. (2) South San Luis Obispo County Sanitation District (SSLOCSD). No report. (3) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). Meets tomorrow. No report. (2) Other. None. 13 CITY COUNCIL MEMBER ITEMS: w ■ None. CITY COUNCIL MINUTES JULY 27, 2004 PAGE 9 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara reported that he attended the recent League of California Cities Channel Counties Division meeting in Camarillo where 23 of the 25 cities in the division were represented. He stated that John Russo was the guest speaker and the Election of Officers resulted in his election to First Vice President. 16. STAFF COMMUNICATIONS: City Manager Adams gave a report on the status of the State budget. 17. COMMUNITY COMMENTS AND SUGGESTIONS: John Keen, referred to the signal box located at Courtiand and Grand and stated that he supported the relocation of the box. However, he stated that he did not support using Traffic Signalization funds to move the box because those funds were not meant for beautification efforts. He said there were still many signals that needed to be modernized within the City. 18. ADJOURNMENT . Mayor Ferrara adjourned the meeting at 9:40 p.m. T ar Mayor ATTEST: Kelly WArnort, Director of Administrative Services/ Deputy City Clerk (Approved at CC Mtg o -o'