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.
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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.
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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.
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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'