Loading...
Minutes 2007-05-22MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, MAY 22, 2007 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara 7:04 p.m. 2. ROLL CALL CC/RDA: called the Regular City Council/Redevelopment Agency meeting to order at Council/Board Members Joe Costello, Chuck Fellows, Mayor Pro Tem/Vice Chair Ed Arnold and Mayor/Chair Tony Ferrara were present. Council/Board Member Jim Guthrie was absent. 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, Associate Planner Teresa McClish, Assistant Planner Ryan Foster, and Assistant Planner Jim Bergman. 3. FLAG SALUTE Members of County Line 4-H Club led the Flag Salute. 4. INVOCATION Retired Pastor Paul Jones delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation Honoring Bob Behme Upon His Retirement and Recognizing His Service to the Community. Mayor Ferrara presented a Mayor's Commendation to Bob Behme honoring him upon his retirement and recognizing his service to the community. S.b. Honorary Proclamation Proclaiming June 5, 2007 as "Hunger Awareness Day". Mayor Ferrara proclaimed June 5, 2007 as "Hunger Awareness Day" and requested that staff forward the Proclamation to the San Luis Obispo County Foodbank. 5.c. Honorary Proclamation Proclaiming May 20-26, 2007 as "National Public Works Week". Mayor Ferrara presented an Honorary Proclamation proclaiming May 20-26, 2007 as "National Public Works Week". Director of Public Works Spagnolo accepted the Proclamation and issued an invitation for a tour of the Corporation Yard on Thursday from 3-4:00 pm and then to the Farmer's Market in San Luis Obispo Thursday evening where some of the City's public works equipment would be displayed. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council/Board Member Costello moved, Mayor Pro Tem/Vice Chair Arnold seconded, and the motion passed unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in title only and all further reading be waived. Minutes: City Council/Redevelopment Agency Page 2 Tuesday, May 22, 2007 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. No public comments were received. Action: Council Member Fellows moved to approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Fellows, Costello, Arnold, Ferrara NOES: None ABSENT: Guthrie 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period May 1, 2007 through May 15, 2007. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of April 30, 2007. 8.c. Consideration of Fiscal Year 2007-08 Appropriation Limit. Action: Adopted Resolution No. 4012 as follows: "A Resolution of the City Council of the City of Arroyo Grande Adopting a Tax Proceeds Expenditure Appropriation Limif for Fiscal Year 2007-08". 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special (Closed Session) City Council meeting of April 24, 2007 and the Regular City Council/Redevelopment Agency/Public Financing Authority meeting of April 24, 2007, as submitted. 8.e. Consideration of Revisions to Telephone Usage Policy. Action: Approved the Telephone Usage Policy. 8.f. Consideration of Agreement with BFGC Architecture for Preparation of a Police Station Expansion Needs Assessment and Feasibility Study. Action: Approved and authorized the Mayor to execute an Agreement with bfgc architecture for preparation of a Police Station Expansion Needs Assessment and Feasibility Study. 8.g. Consideration to Approve Final Parcel Map AG 04-0123 Subdividing One (1) .55 Acre Residential Parcel into Three (3) Residential Parcels Located at 154 Pine Street. Action: Approved Final Parcel Map AG 04-0123, subdividing one (1) .55-acre parcel into three (3) parcels. 8.h Consideration of Adoption of Ordinance to Comply with SB53. Action: Adopted Ordinance No. 589 as follows: "An Ordinance of the City Council of the City of Arroyo Grande fo Comply with Requirements of Senate Bill 53, Chapter 591 of Statutes of 2006, as Codified in California Healfh and Safety Code Section 33342.7, by Describing that fhe Arroyo Grande Redevelopment Agency does not have authority to Acquire Real Property by Eminent Domain and therefore has no Program to Acquire Real Property by Eminent Domain". 9. PUBLIC HEARINGS 9.a. Consideration of Appeal of Planning Commission's Approval of Viewshed Review 06- 006; 190 Fairview Drive. Minutes: City Council/Redevelopment Agency Page 3 Tuesday, May 22, 2007 Assistant Planner Foster presented the staff report and recommended the Council adopt a Resolution denying the appeal and approving Viewshed Review Case No. 06-006 to allow expansion of the ground floor and addition of a second story to an existing single-family residence. Mayor Ferrara opened the public hearing. Jude Egan, attorney representing the appellants (Tennant), referred to correspondence dated May 17, 2007 submitted to the Council (on file in the Administrative Services Department) which opposed the project as proposed due to inconsistency with the intent of Section 16.16.110 of the Development Code concerning viewshed review; and that the proposed project is not consistent with the established scale and character of the neighborhood and will unreasonably and unnecessarily interfere with the appellants' scenic views. Jeff Emrick, architect representing the appellants, displayed a series of elevation drawings, which he said demonstrated the impact on the Tennants' views by the proposed two-story addition. Rolanda Tennant, Brighton, submitted a letter (on file in the Administrative Services Department), opposing the proposed project and requesting the Council uphold the appeal. Steve Babcock, representing the project applicants (Atkisson), spoke in opposition to the appeal. He provided a brief history of the development review process for the proposed project and efforts to modify the project in an effort to preserve more of the view from 1239 Brighton. Mike Atkisson, project applicant, spoke in opposition to the appeal and gave an overview of the time and costs involved in the design and redesign of the project. Nancv Atkisson, project applicant, spoke in opposition to the appeal and explained plans to remodel the house to include ADA access. She noted that the project had been redesigned based on comments made by the Planning Commission and urged the Council to uphold the Planning Commission's approval and deny the appeal. Howard Mankins, Hillcrest Drive, spoke in favor of protecting viewsheds, referred to the City's viewshed ordinance and said you cannot put a monetary value on a view, and cautioned against setting a precedent. Steve Rutledge, Fair View Drive, spoke in opposition to the appeal. He stated he had added a 2nd story to his home in 2005 and that many homes in the neighborhood have two-stories. He acknowledged that this project would result in a partial loss of view for the Tennants; however he believed the applicant had compromised to find an amicable solution by redesigning the project. He supported the Planning Commission's decision to approve the project. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Council Member Costello provided the following comments: - Acknowledged the concerns expressed by both parties; - Stated that he could support the required findings, including consistency with the intent of Section 16.16.110 of the Development Code; the proposed structure is consistent with the established scale and character of the neighborhood and will not unreasonably or unnecessarily affect views of surround properties; and the proposed structure constitutes reasonable use and development of the property; - Supports upholding the Planning Commission's decision and denying the appeal. Council Member Fellows provided the following comments: - Stated he reviewed the original project while on the Planning Commission in July 2006; acknowledged the project had been modified since that time; - Made several site visits and met with both the applicants and the appellants; - Based on his experience as a realtor, he believed scenic views have value to real estate buyers; Minutes: City Council/Redevelopment Agency Tuesday, May 22, 2007 Page 4 - While on the Planning Commission, he stated that an adjustment to the proposed addition could lessen the view impacts and at that time he could not make the required finding that the proposed structure would not unreasonably or unnecessarily affect views of surrounding properties; - Noted that most of the second story additions in the neighborhood are set back over the house toward the rear of the structure; - Did not believe the project should impact just one property's view; - Could not make the required finding that the proposed structure would not unreasonably or unnecessarily interfere with the scenic view from any other property, as it relates to permitting reasonable use and development of the property on which the proposed structure or expansion is to occur; believes that the proposed plan would substantially block the views; - Stated the project as modified is not fair or equitable to the appellants; - Stated that allowing an addition over the garage would encourage bad design, and would negatively affect the character of the neighborhood; - Did not support statements that removing a tree and a wall would improve the view; and - Supported the appeal. Mayor Pro Tem Arnold provided the following comments: - Met with the architect to review the project; - Acknowledged that view shed issues were difficult; - Noted that this neighborhood has numerous two-story homes; - Noted that additions add value to the home; - Does not think second stories built over garages are attractive; however, he stated the City's development standards allow them; - Not concerned with overall size of the proposed addition; most of the second story will not be visible from the street; - Stated the proposed project is reasonable and that he supported the Planning Commission's decision. Mayor Ferrara provided the following comments: - Took photos at the site; observed that there are primary and secondary views; - Acknowledged that there was some effort made by the applicants to reach a compromise by redesigning the project; Acknowledged that the issue under consideration was reasonableness; noted that there was a difficult configuration of the existing homes, but believed that some primary views would be preserved for the appellants; - Believed that the project was well within the standards of the Municipal Code; - Concurred with findings made by the Planning Commission and would deny the appeal and uphold the approval. Action: Council Member Costello moved to adopt a Resolution, as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF VIEWSHED REVIEW 06-006 AND APPROVING VIEWSHED REVIEW 06- 006; LOCATED AT 190 FAIR VIEW DRIVE; APPLIED FOR BY MIKE AND NANCY ATKISSON". Clty Attorney Carmel clarified that there was a clerical correction in finding #3 of the Resolution to strike the words "In staff's and the Planning Commission's opinion...", and noted that General Condition No. 3 in Exhibit A of the Resolution had been modified, as presented in supplemental information distributed to the Council, which reflects the current City condition on indemnification. Council Member Costello agreed to include those modifications in the motion. Mayor Pro Tem Arnold seconded, and the motion passed on the following roll-call vote: Minutes: City Council/Redevelopment Agency Page 5 Tuesday, May 22, 2007 AYES: Costello, Arnold, Ferrara NOES: Fellows " ABSENT: Guthrie Mayor Ferrara called for a break at 8:36 p.m. The Council reconvened at 8:49 p. m. 9.b. Review of the Draft Environmental Impact Report (EIR) for the Newsom Springs Regional Drainage Plan. Associate Planner McClish presented the staff report and recommended the Council review the Draft EIR prepared for the Newsom Springs Regional Drainage Plan, receive public comment, and provide input to staff. David Foote, FIRMA, gave an overview of the study area, explaining the regional drainage plan components; reviewed impacts to agricultural resources, flooding and sedimentation, biological resources, and cultural resources; reviewed alternatives to the proposed project; and reviewed the remaining steps in the EIR process. Mr. Foote responded to questions from Council concerning impacts associated with the project alternative that crosses the Dixson Ranch agriculture field (Mayor Ferrara requested staff to coordinate a tour of a similar project on the Ikeda property); impacts associated with detention basins; impacts associated with loss of prime soils; and impacts associated with the State water pipeline. Mayor Ferrara opened the public hearing. Otis Paae, Myrtle Street, congratulated the Council for its foresight in devising the various alternatives; however, he expressed concern about going through the process of finalizing an EIR prior to approving a final engineering design. Sara Dickens, Co-Trustee of the Dixson Ranch property, acknowledged the careful thought that was given to the Draft EIR; expressed concern with flooding and loss of top soil; expressed concern about the height of the water table; and expressed concern about the expense associated with underground piping. Julie Thomas, representing Coastal San Luis Resource Conservation District, stated the District is continuing to review the EIR and will provide comments in writing. She expressed concern about soil erosion and flooding and noted that the District is the holder of the conservation easement encumbering the Dixson Ranch. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments included acknowledgment that the City was in the public review period for the Draft EIR and would continue to accept comments until the deadline of June 7'"; clarification concerning the EIR process and response to public comments; further questions and clarification concerning the project alternatives; clarification of cost estimates and the potential for pursuing additional funding through grant opportunities; a request to coordinate a field trip with City staff, Mark Barnett, and David Foote to view the Ikeda drainage project; a request to provide a clearer graphic of Figure D-2 in the document; and whether pre-disaster mitigation funds may be available for the Newsom Springs project. Action: Mayor Pro Tem Arnold moved to accept the Draft EIR and to continue the public comment period until June 7, 2007. Council Member Costello seconded, and the motion passed on the following roll-call vote: Minutes: City Council/Redevelopment Agency Page 6 Tuesday, May 22, 2007 AYES: Arnold, Costello, Fellows, Ferrara NOES: None ABSENT: Guthrie 9.c. Consideration of a Proposed Ordinance Amending Chapter 16.60 of the Arroyo Grande Municipal Code Regarding Signs. Assistant Planner Bergman presented the staff report and recommended the Council introduce an Ordinance amending Municipal Code Chapter 16.60 related to signs. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Council comments ensued regarding the need for a comprehensive review of the sign ordinance; the purpose and intent of sign regulations; clarification relating exempt signs as it relates to residential dwellings offered for sale (referred to Section 16.60.050.C.1.); and clarification relating to approvals for mural permits. Discussion was held concerning signs held by persons within the public right-of-way and modifying the language in Section 16.60.060.V. to prohibit off-site commercial signs, including those within the public right-of-way, held or supported by a person. Additionally, the Council concurred to modify the language in Section 16.60.020.D. to provide clarification that no murals shall be painted without the approval of a mural permit in accordance with Section 16.16.200. Action: Council Member Costello moved to introduce an Ordinance, with modifications to Sections 16.60.060.V. and 16.60.020. D., as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.60 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO SIGNS". Mayor Pro Tem Arnold seconded, and the motion passed on the following roll-call vote: AYES: Costello, Arnold, Fellows, Ferrara NOES: None ABSENT: Guthrie 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Fiscal Year 2006-07 Third Quarter Budget Status Report. Director of Financial Services Kraetsch presented the staff report and recommended the City Council/RDA Board 1) Approve detailed budget adjustments listed in the 3ro Quarter budget report; 2) Approved Schedules A & B; and 3) Approve (Deny) requests for additional appropriations in the General Fund. Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. Minutes: City Council/Redevelopment Agency Tuesday, May 22, 2007 Page 7 Action: Council/Board Member Costello moved to approve detailed budget adjustments listed in the 3`d Quarter budget report; approve Schedules A & B; and approve requests for additional appropriations in the General Fund. Mayor Pro Tem/Vice Chair Arnold seconded, and the motion passed on the following roll-call vote: AYES: Costello, Arnold, Fellows, Ferrara NOES: None ABSENT: Guthrie 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). SLOCOG Executive Board met and discussed routine items; and SLOCOG sponsored a guest speaker, who was a former Governor of Maryland, at a Smart Growth seminar. (2) South San Luis Obispo County Sanitation District (SSLOCSD). The sewage treatment plant continues to operate within required standards and limits; maintenance continues to be the big issue; the biggest deficit the District is facing is the reduction in revenue from sewer hookups due to the decline in the number of new hookups in communities approaching buildout; reported that construction debris and material was recovered from the cleanout of the Bakeman Lane sewer line which was obstructing flow and causing damage; discussion was held concerning whether locks should be installed on sewer manholes. (3) Other. None. b. MAYOR PRO TEM ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Studying a potential rate increase to address projected increases in hazardous waste handling; minimal increase is projected and two options being considered include increasing tipping fees or to have cities raise the rates. (2) Economic Vitality Corporation (EVC). Attended the Annual Retreat to define EVC purpose and goals more clearly; will work with the cities closer on data collection; will continue providing educational seminars. (3) Other. Attended the 2050 Community seminar; attended meeting where Sam Blakeslee spoke about Twin Cities Hospital regarding nursing staff issues and potential pilot programs at the local community colleges. c. COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board. Meeting canceled due to lack of quorum. Reported that the Board is working with the National Marine Fishery Service on the Creek Habitat Conservation Plan. (2) Air Pollution Control District (APCD). No report. (3) Fire Oversight Committee. No report. (4) Fire Consolidation Oversight Committee. No report. (5) Other. None. d. COUNCIL MEMBER JIM GUTHRIE: (ABSENT) (1) South County Area Transit (SCAT). No report. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Other. None. Minutes: City Council/Redeveiopment Agency Page 8 Tuesday, May 22, 2007 e. COUNCIL MEMBER CHUCK FELLOWS: (1) South County Youth Coalition. Received presentations by the SLO Health Department and "Artsabispo" and has material available for review; reported on the various local youth groups represented at the Coalition meeting. (2) County Water Resources Advisory Committee (WRAC). Council Member Guthrie attended the last meeting as the Alternate. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS: Council Member Fellows requested staff contact Caltrans to request replacement of trees that have died along the freeway south of E. Grand Avenue. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Pro Tem Arnold announced that the Annual Strawberry Festival would be held this weekend in the Village. Mayor Ferrara announced the Memorial Day ceremony to be held at Arroyo Grande Cemetery. 16. STAFF COMMUNICATIONS: City Manager Adams announced the Special City Council/Redevelopment Agency Meeting to consider the preliminary Bi-Annual Budget for FY 2007-OS and 2008-09 would be held Tuesday, May 29, 2007 at 6:00 p.m. in the Council Chambers. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor/Chair Ferrara adjgrrned the meeting at 10:45 p.m. Tony Ferrar ayor/Chair ATTEST: ~ ~- Kelly Wetm e, C' y Ierk/Secretary (Approved at CC Mtg (o 'Z(a ".200'