Minutes 2007-04-10
MINUTES
REGULAR MEETING .OF THE CITY COUNCIL
TUESDAY, APRIL 10, 2007
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:08 p.m.
2. ROLL CALL
City Council: .
Council Members Chuck Fellows, Jim Guthrie, Joe Costello, Mayor Pro
Tem Ed Arnold and Mayor Tony Ferrara were present.
City Staff Present:
City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Director of Public Works Don Spagnolo,
Director of Community Development Rob Strong, Assistant Planner Jim
Bergman and Associate Planner Teresa McClish.
3. FLAG SALUTE
Joe Brittingham, representing the Arroyo Grande Rotary Club, led the Flag Salute.
4. INVOCATION
Retired Pastor Richard Scharn delivered the invocation.
5. SPECIAL PRESENTATIONS
5.b. Honorary Proclamation - Clark Center 5th Anniversary.
Mayor Ferrara presented an Honorary Proclamation recognizing the 5'h Anniversary of the Clark
Center for the Performing Arts and honoring the South County Performing Arts Foundation, the
South County Performing Arts Association, and the Lucia Mar Unified School District for their
joint contribution to the performing arts' in South San Luis Obispo County. Bemie Kautz,
representing the Clark Center for Performing Arts, accepted the Proclamation.
5.a. Special Presentation - Arroyo Grande In Bloom.
Bob Lund gave a presentation on Arroyo Grande In Bloom, a program promoted by the America
In Bloom (AI B) organization that encourages beautification efforts, personal and community
involvement and educational programs through a nationwide competition between cities. He
reviewed the benefits of the AIB program, the judging categories, and the goals for Arroyo
Grande In Bloom. Jim Bergman then presented an overview of beautification projects within the
City to date and announced that the AIB judges will be coming to Arroyo Grande on May 7'h and
8th. He concluded by acknowledging and thanking the various businesses and organizations
that have supported the program.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Costello moved, Mayor Pro Tem Arnold seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read. in title only and all
further reading be waived.
Minutes: City Council Meeting
Tuesday, Apri/10, 2007
Page 2
7. CITIZENS'INPUT, COMMENTS. AND SUGGESTIONS
None. . . .'
8. CONSENT AGENDA
Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda
Item to do so at this time. .
MaDDie Summers, representing Destination Imagination (01), referred to Item 8.g., thanked the
City for its support and introduced two students from the program.
Katie Jov and Claire Summers, 01 program participants,gave an overview of the Destination
Imagination program as the world's largest problem solving competition and explained that the
program includes challenges ranging from theatrical, with a small mechanical element, to
mechanical with a small amount of theatrics. They spoke about their experience at the State
finals and their hopes for raising funds to compete in the Global finals. They concluded by
performing a short demonstration with several members of the team.
Hearing no further public comments, Mayor Ferrara closed the public comment period.
Council Member Fellows requested that Item 8.1. be pulled for discussion.
Action: Council Member Costello moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.i., with the exception of Item 8.1., with the
recommended courses of action. City Attorney Carmel read the Ordinance titles in Items 8.h.
and 8.i. The motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Costello, Guthrie, Fellows, Arnold, Ferrara
None
None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period March 16,2007 through
March 31, 2007.
8.b. Consideration of Approval of Cost Allocation Plan.
Action: Adopted the Fiscal Year2007-08 Cost Allocation Plan.
8.c. Consideration of Approval of City Investment Policy.
Action: Approved the City of Arroyo Grande Investment Policy and Resolution No.
4005 as follows: . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE DEPOSIT OF CITY FUNDS IN VARIOUS
FINANCIAL INSTITUTIONS."
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment Agency
Meeting of March 27, 2007, as submitted.
8.e. Consideration to Award Bid for Purchase of Building and Life Safety Division 4x4
Utility Passenger Hybrid Vehicle and Approve Funding Increase.
Action: Authorized award of bid to purchase a 2008 4x4 utility passenger hybrid vehicle
for the Building & Life Safety Division from Mullahey Ford in the amount of $28,063.41;
and appropriate an additional $7,063.41 to be added to the already budgeted $21,000.
Minutes: City Council Meeting
Tuesday, April 10, 2007
8.g. Consideration of Funding Request from Destination Imagination.
Action: Approve a $500 contribution to the Destination Imagination Global Competition
teams.
8.h. Consideration of an Ordinance Amending Section 10.08.060(b) of the City of
Arroyo Grande Municipal Code.
Action: Adopted Ordinance No. 586 as follows: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 10.08.060.B.
OF THE ARROYO GRANDE MUNICIPAL CODE."
8.i. Consideration of Adoption of Ordinance Amending Section 2.28.0500 of the
Arroyo Grande Municipal Code to Allow the Senior Advisory Commission, by
Resolution, to Adopt Rules and Regulations to Govern Meetings.
Action: Adopted Ordinance No. 587 as follows: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 2.28.050.D.
OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE MEETINGS OF
THE SENIOR ADVISORY COMMISSION..
Page ,3
8.f. Consideration of Amendments to Standards for West Branch Street Special Event
Banners.
Recommended Action: Adopt a Resolution Approving Standards for Special Event
Banners for Community Based Events..
Council Member Fellows expressed concerns with eliminating the requirement for a ten-day
interval between displaying banners since banners could be displayed on a permanent basis
with no gap between special events. He also expressed concern with changing the restriction on
the amount of time banners may be displayed before an event and suggested that the 30 day
requi~ement be changed to 20 days. Brief discussion ensued regarding the frequency of special
events, whether the Architectural Review Committee had reviewed the proposed changes, and
staff time involved with hanging the banners.
Action: Council Member Fellows' moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING STANDARDS FOR
SPECIAL EVENT BANNERS FOR COMMUNITY BASED EVENTS", with the modification that
banners may be displayed for no more than 20 days prior to an event and 7 days afterward.
Council Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Fellows, Guthrie. Costello, Arnold, Ferrara
None
None
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS ITEM
10.a. Consideration of Pre-Application Case No. 06-009; Revised Project Description for
Vesting Tentative Tract MaplPUO Case No. 01-001 to Subdivide a 26.6 Acre
Property into Seventeen (17) Lots and One Permanently Preserved Open Space
Lot Located at James Way and La Canada.
Minutes: City Council Meeting
Tuesday, Apri/10, 2007
Associate Planner Theresa McClish presented the staff report and recommended the Council
provide preliminary comments on a revised project description for the project; and approve a
contract amendment for the preparation of an addendum to the Revised Final Subsequent
Environment Impact Report (RFSEIR) by Rincon Consultants.
Page 4
Dennis Law, representing Castlerock Development, explained that the applicant's goals were to
present a revised project design concept for Tract 1998 based on findings made by the City
Council in Resolution 3892; and to obtain constructive and productive feedback from the
Council, staff,. and the public. He displayed a vicinity map that highlighted the project area; gave
a brief review of the project history; reviewed the original project objective and design and
subsequent modifications to the original project design; and presented the current revised
project concept for 17 residential units. He listed the benefits of the redesigned project including
a reduction in the impact to riparian habitllt, llvoidance of impacts to Pismo c1arkia, expansion of
the wildlife corridor; and a reduction in woodland impact.
Jason Tvra, representing Castlerock Development, reviewed the current project design; gave an
overview of the site topography by section; displayed the RFSEIR Habitat Map which depicted
the various habitat types located on the site; explained the habitat ranking analysis; described
the proposed lot sizes, design and configuration; described proposed roads and emergency
access points; reviewed the preliminary grading design and proposed drainage plan, and
reviewed the site constraints map. He concluded by reviewing the benefits of the proposed
redesign, which he stated strives to achieve a balance between the RFSEIR mitigations, the
characteristic of the surrounding neighborhood, and the project objectives.
Council Members asked questions of the applicant concerning the avoidance of steep slopes;
the type of retaining walls proposed; filtering of run-off water from the development; whether the
proposed RFSEIR Addendum should be noticed and circulated for public review; clarifications
regarding the location and width of the emergency access road and its intended use as a
pedestrian trail; how the, project's drainage plan would address slope erosion and sediment
control; whether the Oak. tree on lot 2 could be retained; and clarification regarding property
owned by the applicant on Noyes Road as it relates to transfer of density and alternatives
identified in the project RFSEIR.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter.
Robert Brownson, Asilo, referred to the history of the proposed project and acknowledged the
revised project design and the mitigation of negative environmental impacts, including the
avoidance of the Pismo c1arkia plant species. However, he expressed serious concerns with
remaining negative impacts to the Oak woodlands with the removal of sixty Oak trees, which he
said results in a CEQA Class I significant and unavoidable impact to biological resources. He
stated wildlife habitat would be negatively impacted by the loss of the tree canopy, as well as by
the introduction of noise, light, and pedestrians. He suggested that the applicant consider
removing lots 13 and 14 from the plan to preserve the Oak woodland and enhance the wildlife.
He noted that lots 15, 16, & 17 also abut the Oak woodland; and noted that runoff from
impervious surfaces would cause erosion along the creek banks and sedimentation in Meadow
Creek. He stated that the proposal violates the required 50-foot setback in some riparian areas;
Minutes: City Council Meeting
Tuesday, April 10, 2007
PageS
supported the removal of the eucalyptus grove and the planting of improved riparian habitat;
and expressed concerns about the erosive soil and steep hillsides. He stated that although he
was impressed by the applicant's progress, the" remaining impacts need to be eliminated or
corrected before the proposal could move forward.
Vic Bealer, Easy Street, expressed concern regarding the number of Oak trees proposed to be
removed; stated it was the wrong density as compared to the adjacent properties; expressed
concern about who would be responsible for maintaining the area between the back of the lots
and the eastern property line; stated that lots 8 -.13 were inappropriate as they are too high for
the surrounding area and will impact views; stated that the proposed emergency access road is
unacceptable; and requested that the land be kept pristine in perpetuity. He further stated that
some of the lots are too steep for any grading or development.
Anna Unkovich, Asilo, commented that at one time the developer tried to trade the property for
the park property at the top of Jam~s Way; commented on the importance of preserving trees;
and requested that the developer work with some environmental group to protect this property in
perpetuity. She also requested that the RFSEIR "Addendum be released for public review and
comment. She noted the long history of the project and requested the Council make a decision
in the best interest of the community to protect the area.
Joel Couser, Asilo, spoke in opposition to tti'e proposal. He expressed concerns about
human/visual imp,\cts, nqting that the project does not fit thE1 area and the elevations of the lots
would require steep retaining walls to terrace up the hill.
Doua Tait, Asilo, noted his conflict of interest as a member of the Planning Commission;
however, he was "speaking to the Council only as a citizen. He stated the RFSEIR dated
February 2004 had a habitat definition plan that differs from the preliminary tree Illan regarding
the extent of Pismo c1arkia and requested this be further reviewed. He referred to the
constraints map and noted jurisdictional drainage,;constraints that traverse the site from east to
west in the northern portion of the property. He 'said that portions of lots 3 - 17 and the fire
access road impact these jurisdictional drainages.:He referred to mitigation measure B-2A of the
Draft Supplemental EIR that recommended a span bridge instead of a culvert as a preferred
structure for preserving Meadow Creek as a wildlife corridor. With ,regard to Oak tree removal
and impacts, he stated this project changes the habitat and diversity of the Oak woodland. He
asked the Council to revisit impacts to Oaks and transplantation as mitigation. He stated that the
proposal does not avoid slopes greater than 20%; opposed the use of a Homeowners
Association to monitor long-term protection of 'the environment; inquired whether the fire
emergency access roadltrail would be used only as a pedestrian trail and whether equestrians
would be allowed; expressed concerns about impacts to Pismo clarkia habitat; and asked that
the 2007 RFSEIR Addendum be circulated for public review and comment.
Upon hearing no further public comments, Mayor Ferrara closed the public comment period.
Council Member Costello provided the following comments:
Had positive reaction to initial review of revised project which seems to avoid a lot of the
sensitive areas that need protection;
- When detailed project comes forward, will be looking closely at steep slopes ~ what type of
retaining walls will be used, what they look like, and how visible they are;
Likes that the project avoids the lower area where the Pismo clarkia habitat is located;
Does not want to see mature Oak trees removed; must carefully review which ones are
targeted for removal; acknowledged difficulty in transplanting Oak trees;
Minutes: City Councif Meeting
Tuesday, Apri/10, 2007
- Need to honor 50-foot creek setback for riparian area;
- Concerned about impacts to wildlife corridor;
- Does not want to rely on a Homeowners Association for monitoring enforcement;
- Requested clarification be provided regarding Pismo clarkia maps;
- Will evaluate this project based on its merits and the environmental considerations for this
site; does not see any direct connection between trading impacts on one area for impacts on
another area;
- Proposed project is an improvement.
Page 6
Council Member Guthrie provided the following comments:
- Had positive reaction to initial review of revised project; primary environmental impacts
(Pismo c1arkia and riparian) are greatly improved from previous proposal;
Concerned about requiring enforcement by a Homeowners Association; need a third party
with expertise to maintain and improve the riparian area;
Concerned about slopes and terraced retaining walls;
Concerned about drainage plan; need to be very specific in future in order to evaluate
project appropriately;
Not clear whettiet proposal includes two-story buildings; if so, need to see good elevations;
Need to reconcile multiple Pismo clarkia maps and reports;
Less conCerned about removai of trees; represents about 2% of the irees on the entire site;
Need to clarify whether the proposed fire emergency access road has been reviewed and
,~, " - "
approved by the City; "
Concerned about the cumulative reduction in the wildlife corridor; need to determine impacts
to wildlife movement; ."
Has major concerns about drainage and slope; will review carefully when detailed project
comes forward.
. "
Council Member Fellows pro",ided the following comments:
- Has made numerous visits to the site and dOl)e homework;
Impressed with reduction in number of homes; although he acknowledged there were still
many site constraints;
Concerned with differences in Pismo clarkia maps; needs to be checked into;
Appreciates that the road has been narrowed in some places to avoid trees;
Supports emergency access road;
Concerned with top two cul-de-sac lots as they are too steep; too much grading; and
removal of two large Oak trees;
Lot 2 is in the riparian area buffer;
Lot 1 Oaks; consider retaining the three trunk Oak tree (#2433);
Cutting down or removing Oak trees should be avoided as much as possible; has issue with
lots 11, 9, 14, 15, 16, 17, and 6 as far as trees that should be avoided; specifically, Lots 11,
14, 15, 16, and 17 have Oaks on or near the property line and could be easily avoided; tree
#9734 is at the edge of the emergency access road and could be avoided; tree #9719 is on
the edge of Blossom Valley Road.
Supports removal of eucalyptus trees to protect and avoid destruction of the Oak woodland
and to eliminate a fire hazard;
The well on the property should be given to the City for irrigation purposes;
Minutes: City Council Meeting
Tuesday, Apri/10, 2007
- Replace barbed wire fence requested by neighboring resident (located above Oak tree
#9479);
- Need to use a bridge instead of a culvert;
- The Homeowners Association must hire a consultant for monitoring.
Page 7
Mayor Pro Tern Arnold provided the following comments:
- Encouraged with revised plan; issues are not insurmountable;
Concerned with Lot 1 as it relates to the number of mature trees on the lot and suggested
removing Lot 1 from the plan;
Drainage 'issues are significant; need to capture runoff from the project - will need more
than a siltation filter;
Does not see link between this development and the Noyes Road property;
Agrees that a bridge is far better than a culvert to minimize impact to the creek;
Supports circulation of the RFSEIR Addendum for public review and comment;
Slopes and retaining walls can be done effectively; referred to Lots 12 & 13 and how walls
would appear from a distance; landscape buffers could be used;
Suggested some kind of visual buffer between Lots 3 through 11 and the estate lots on Easy
Street;
Supports development in this area; project has been moved away from Pismo c1arkia and
the wetlands;
Does not like to see Oak trees removed and supports saving as many as possible,
particularly'along the edge of the site; however, there is a minimal impact and it is offset by
the avoidance of the Pismo c1arkia;
Wants to see the riparian and wetland enhancement plan brought back;
Would like to see the on-site well reactivated and given to the City to help mitigate the
impact to the City's water system.
Mayor Ferrara provided the following comments:
- Emphasized importance of concerns relating to the slope ratio; heed to minimize the project
impact to the natural contour of the hills; concerned about the size and intrusiveness of a
retaining wall network;
- Realignment of the emergency road access lessens impact to wetlands and habitat and
avoids impact to Pismo clarkia;
- Supports option for a bridge instead of a culvert;
- Concerned about drainage; referred to City's restrictive policy regarding development in and
around creek systems; bio-fiIters need to be installed; noted that steep slope development
creates rapid run-off and erosion;
- Need clarification regarding Pismo c1arkia impacts;
- Supports circulation of RFSEIR Addendum for public review and comment;
- Use of Homeowners Association for monitoring and enforcement is not plausible; need to
find better way;
- Need to minimize Oak tree impacts;
- Agrees there is no nexus between this project and any future Noyes Road project.
Mayor Ferrara invited the applicant to ask questions based on the Council's comments.
Minutes: City Council Meeting
Tuesday, Apri/10, 2007
Dennis Law expressed appreciation for the specific comments, which could be used to address
the Council's concerns. He explained that they focused on presenting a conceptual design and
less on specifics of the environmental, as the Addendum would address those issues. He
supported public review of the Addendum; explained that the enhancement concept for the
riparian area is to use the enhancement plan that is in the current Addendum as a starting
place; explained that the exclusion of the eucalyptus trees is a part of that plan; stated that the
prior plan had specific mechanisms to address siltation and pollutants from street run-off and
that the goal is to incorporate the same kind of design concepts in a drainage plan that
addresses concems expressed by the Council.
Page 8
Jason Tvra responded to issues raised concerning the slopes and indicated they would return
with better depictions; noted that the emergency access road had been discussed at length with
former Chief Fibich; noted that building heights and conceptual elevations are based on the
RFSEIR requirements (50% of the roof shall not exceed 16 feet in height); and confirmed that a
secondary evaluation of the entire property had occurred as it relates to Pismo clarkia.,
Council Member Guthrie clarified concerns relating to slopes and grading and requested the
applicant look at alternatives to avoid the types of retaining walls used in a neighboring
development and finding a solution that would fit into the natural environment as close as
possible.
Dennis Law clarified that the applicant does not see a nexus to the Noyes Road property, and is
presenting the proposed project on its own merits.
Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had received
sufficient feedback with regard to the proposed project.
City Attorney Carmel noted that a minor amendment was needed to the Addendum contract in
response to circulating the Addendum for public review. He said the scope of work needs to
include the consultant's response to public comments in an amount not to exceed $4,000.
Action: Council Member Costello moved to approve a contract amendment for the preparation
of Addendum NO.2 to the previously certified Revised Final Subsequent Environmental Impact
Report by Rincon Consultants, as amended to include a component for response to public
comments. Mayor Pro Tem Arnold seconded, and the motion passed on the following roll call
vote:
AYES:
NOES:
ABSENT:
Costello, Arnold, Guthrie, Fellows, Ferrara
None
None
11. NEW BUSINESS ITEMS
None.
12. CITY COUNCIL MEMBER ITEMS
None.
Minutes: City Council Meeting
Tuesday, Apri/10, 2007
Page 9
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Mayor Pro Tern Arnold referred to the City's fireworks booth application and expressed
concerns about certain requirements in the City's existing Ordinance regulating the permit
process. He requested, and the Council concurred, to direct staff to review the Ordinance and
bring forth modifications to the Council for consideration at a future meeting.
Mayor Ferrara requested the City Manager coordinate with the Cities of Grover Beach and
Pismo Beach to schedule a joint meeting of the City Councils in June or July to receive an
informational presentation from Nick Alter regarding Green Build.
Council Member Fellows referred to previous comments made by Cade Newman regarding the
need for striping on James Way from Hidden Oak Road to Tally Ho and asked if staff had
followed up on the matter. City Manager Adams responded that staff is considering striping
along James Way in response to Council's request to look at traffic calming measures.
Council Member Fellows requested that staff send a copy of the report on regulations of pet
store sales of dogs and cats to Linda Shepherd. , He also requested that staff respond to her
concerns regarding drainage.
Council Member Fellows suggested that staff investigate a public comment regarding the
prohibition of a right turn on red light at the westbound EI Camino and Brisco intersection.
Mayor Pro Tem Arnold noted that curb cuts are being done on James Way near the fitness club
and assumed that water and sewer lines are being installed before repaving is done. City
Manager Adams responded he would follow up on the matter.
15. STAFF COMMUNICATIONS
City Manager Adams confirmed that the Budget Workshop has been scheduled for May 29'h.
16. COMMUNITY COMMENTS AND SUGGESTIONS
Steve Ross. Garden Street. commented on the removal of the stop sign on James Way at
Hidden Oak Road.
ATTEST:
1A.e-
tyCI
(Approved at CC Mtg 5-B-2 007 I
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