Minutes 2001-07-10
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JULY 10, 2001
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council.meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Members Runels, Dickens, Lubin, and Mayor Lady were
present. Mayor Pro'Tem Ferrara was absent.
City Staff Present: City Manager Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Director of Financial Services
Snodgrass; Community Development Director McCants; Director of
Building and Fire Fibich; Director of Public Works Spagnolo;
Director of Economic Development Sheeley; and Associate Planner
Heffernon.
3. FLAG SALUTE
David Mathe, representing Knights of Columbus, led the Flag Salute.
4. INVOCATION
Pastor Paul Jones delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. MAYOR'S COMMENDATION
Mayor Lady presented a plaque commending the Cal Poly City and Regional Planning
Department for the preparation and presentation of the East Grand Avenue Master Plan
Concepts. Jaka Howard and Richard Millgrom accepted the commendation on behalf of
the Cal Poly City and Regional Planning Department.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
Council Member Dickens 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
Nick Alter, 354 Corbett Canyon Road, gave a report on the recommendations of the
Guadalupe Air Quality Mitigation Funding Committee, a South County citizen
committee, to evaluate funding options for reducing air pollutant emissions generated by
the Guadalupe Oil Field Remediation Project. He explained how the Committee was
formed, the Committee's role, the proposal evaluation process, and the results of the
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PAGE 2
funding recommendations. He stated the Air Pollution Control District's Board of
Directors would consider the recommendations following a public hearing on July 25,
2001.
Sandy Facchetti, 248 Tally Ho Road, spoke about the silt and debris that flowed into the
creek from the new construction off of James Way during the last rainy season. He
requested that the appropriate agencies and staff meet at the .Iocation to discuss the
issue.
Mary Morey, 350 Old Ranch Road, stated there is not a street light at W. Branch Street
and Old Ranch Road and it is very dark. She expressed concerns about the dangerous
condition of the intersection when rainwater flows down the hill. She indicated that the
previous property owner, CZ Brown, had requested the installation of a solar light and
requested the City consider this option.
Otis Page, 606 Myrtle, inquired what the City's policy was regarding Council Member
statements to the press. He referred to recent letters to the editor written by one
member of the City Council that he believed implied he was speaking for the City. He
suggested the Council consider what its policy should be regarding this matter.
8. CONSENT AGENDA
Council Member Runels pulled Item 8.d. for clarification and a separate roll-call vote.
Council Member Runels moved and Council Member Lubin seconded the motion to
approve Consent Agenda Items 8.a. through 8.g., with the exception of B.d., with the
recommended courses of action.
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period June .16, 2001
through June 30, 2001.
8.b. Statement of Investment Deposits.
Action: Received and filed the report ot.current investment deposits as of June
30, 2001.
8.c. Approval of Minutes.
Action: Approved minutes as submitted for the Regular City
Council/Redevelopment Agency maeting of June 26, 2001.
8.e. Authorization to Solicit Bids - Parks Division Vehicle.
Action: Authorized staff to solicit bids for a %-ton regular cab pick up truck for
the Parks Division.
8.1. Authorization to Solicit Bids - Public Works Vehicle.
Action: Authorized staff to solicit bids for a %-ton pick up truck for the Public
Works Department.
8.g. Award of Contract for the Huasna Road Pavement Overlay Project, City
Project No. PW-2001-3.
Action: 1) Awarded a construction contract to Madonna Construction in the
amount of $229,120; 2) Appropriated $23,235 of Traffic Congestion Relief Funds
-,for the project; 3) Authorized the City Manager to approve change orders not to
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CITY COUNCIL MINUTES
JUL Y 10, 2001
PAGE 3
exceed the contingency of $22,912 for use only if needed for unanticipated costs
during the construction phase of the project; and 4) Directed staff to issue the
Notice of Award and Notice to Proceed with other necessary contract documents.
AYES: Runels, Lubin, Dickens, Lady
NOES: None
ABSENT: Ferrara
There being 4 AYES and 1 ABSENT, the m9tion is hereby declared to be passed.
8.d. Adoption of Ordinance - Creek Dedications. .. ..
Council Member Runels asked for clarification from the City Attorney as to the legality of
the proposed ordinance when applied to certain hypothetical situations. City Attorney
Carmel explained that . when applied to some specific projects, under some
circumstances, the Ordinance requirements might be so onerous as to constitute a
regulatory taking. City Attorney Carmel pointed out that under those circumstances, the
City could reduce or eliminate the requirements through the exception provision in the
Ordinance.
Council Member Lubin moved to approve staff's recommendations to adopt the
Ordinance and direct the Director of Administrative Services to file a Notice of
Determination with the County Clerk-Recorder. City Attorney Carmel read the title of
Ordinance No. 527 C.S. amending Title 9, Chapter 14 of the Municipal Code to expand
the City's creek dedication requirement for new discretionary projects to include the
area 25 feet from the top of the stream bank for Arroyo Grande Creek and its tributaries
and Meadow Creek and its tributaries. Council Member Dickens seconded the motion,
and on the following roll-call vote, to wit:
AYES: Lubin, Dickens, Lady
NOES: Runels
ABSENT: Ferrara
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be
passed.
9. PUBLIC HEARING
9.a. Conditional Use permit Case No. 99-013 to Construct Five (5) Professional
Office Buildings, and Variance Case No. 01-001 to Deviate from the
Maximum Wall Height Requirement; Northwest Corner of Camino Mercado
and West Branch Street; Stephen Cool and Gary White.
Associate Planner Heffernon presented the staff report. She highlighted aspects of the
proposed project, located in the Highway Service District of the Oak Park Acres
Planned Development, consisting of five (5) professional office buildings having a total
area of 24,300 square feet. She stated that except for the retaining wall height, the
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CITY COUNCIL MINUTES
JULY 10, 2001
PAGE 4
project met all site development standards of the Development Code and the specific
standards of the Oak Park Acres Planned Development. The applicant requested a
variance to exceed the 6-foot wall height limit to construct walls up to 14 feet in height
along the back of the property adjacent to the motel, and in sections along the W.
Branch Street frontage. She also explained that based on the traffic study prepared for
the project, a traffic signal was warranted at the West Branch Street/Camino Mercado
intersection and the applicant would be required to install a signal at this location as a
condition of approval to the project. She explained that the City had received written
correspondence regarding the project concerning oak tree impacts and visual impacts.
The Planning Commission recommended the Council deny the project based on the
Commission's inability to mak~ the necessary Conditional Use Permit and Variance
findings. Staff recommended the Council consider the proposed project and Planning
Commission's concerns, and provide direction to staff.
Council Member Lubin referred to the adjacent motel's existing sign and inquired
whether an increase in the height of the sign would require a variance. Associate
Planner Heffernon responded that in the Oak Park Acres Planned Development, it
specified the sign could be raised up to fifty (50) feet in height with an approved
Planned Sign Program.
Mayor Lady opened the Public Hearing.
Steve Cool, 1577 EI Camino Real, introduced Gary White and Mike Obayashi, his
associate and architect respectively. He displayed a model of the proposed project and
spoke in support of the proposed project, giving a general overview of the project with
responses to some of the issues raised in the report. He stated the project includes
extensive parking, lush landscaping, Mediterranean architecture, and a clock tower. He
stated the project would include high-end professional offices; would be a low traffic
generator based on professional office uses; and that the proposed development
represents the best use of the site and would serve as a visual buffer between the K-
Mart and Wal-Mart shopping centers. He referred to Table 2, page 5, in the Penfield-
Smith Traffic Study, which indicates all of the intersections along W. Branch are
currently operating at or better than level "C" and would continue to operate at level "C"
even after the proposed project is built. Mr. Cool commented that they did not feel a
traffic signal was necessary; however, they were not objecting to the condition of
approval for the required installation of a traffic signal. He further addressed the City-
wide traffic issues; the removal of oak trees that are diseased; the size of the project;
and the proposed retaining wall along the property. He submitted a color rendering for
the record showing how the retaining wall would be screened with landscaping. He
concluded by stating the project was consistent with the applicable zoning, with
numerous General Plan policies, with the rural atmosphere of the area; with the Open
Space and Conservation Element by maintaining native landscaping; and with the
Economic Development Strategy. Mr. Cool submitted a letter for the record from the
Arroyo Grande Chamber of Commerce in support of the project. He requested support
of the Council for the CUP and the Variance.
CITY COUNCIL MINUTES
JULY 10, 2001
PAGE 5
Mayor Lady asked Mr. Cool for clarification regarding the elevation of the project as it
relates to the adjacent motel sign.
Mr. Cool agreed that Building 3 obscures the visibility of the sign and asked for the
City's support in allowing the motel owners to raise the elevation of the sign.
Mike Obayashi, architect, spoke in support of the project and added that as far as the
mass, the project's floor area ratio is 21% versus the allowable 50%; with 21%
landscaping, which far exceeds the minimuJTI 5% landscaping requirement.
Otis Page, 606 Myrtle, stated this was an excellent project for the City and was an
excellent plan for this type of property. He expressed concern about the traffic issue
and stated that the level of service standard should be further analyzed as
recommended by the General Plan Update Consultant.
Les Krouch, resident of San Diego and one of the owners of the Premier Inn Motel,
stated upfront that as neighbors, they have no real objection to a project of this nature;
however, they have certain serious problems with the project as designed. He stated
this was not a low impact, low profile project. He stated the project consists of three
buildings and addressed the building heights. He suggested the buildings could be
lowered and still maintain ocean views. He stated that they had hired an engineer who
prepared renderings to depict view blockage of the motel. He expressed serious
concerns about the motel going out of business if .the view. of the motel from the
highway is blocked. He stated the Planning Commission had previously denied a
request for a sign height increase. He suggested that the project could be rearranged
so that the motel is not significantly blocked from view.
Mike Obayashi, architect, stated the renderings Mr. Krouch displayed were not accurate
and provided clarification regarding the elevations of the buildings and of the clock
tower.
Andrew Merriam, representing the motel owner, stated he had received the proposed
plans from the Planning Department in order to create renderings with height depictions.
Mr. Krouch stated he would be happy to have superimposed pictures re-done to reflect
the revised height of the buildings.
Gary White, trustee for owners of the property, addressed the view issue with regard to
the motel sign.
Hearing no further comments, Mayor Lady closed the Public Hearing.
Council Member Dickens stated that professional office was an ideal use for the
property; however, he stated his major issue with the proposed project is for the
variance needed for the retaining waiL He stated his opposition to the height and mass
of the retaining wall and its proposed location. He stated he would consider a variance
for up to eight (8) feet, but not fourteen (14) feet. He also expressed a desire for a
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CITY COUNCIL MINUTES
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PAGE 6
second opinion on the arborist report regarding the oak trees affected by the project.
Council Member Dickens further expressed concerns that the project will visually impair
the motel and that Buildings #4 &. #5 need to bedownscaled. He also spoke about
economic issues for surrounding businesses. He stated he could not approve the
variance as submitted and encouraged the applicant to come back with a modified
project.
Council Member Lubin agreed that professional office was a good use for the location.
With regard to traffic, Council Member Lu~in stated he felt comfo$ble that a traffic
signal would allow the intersection to maintain a level of service of "C" or better. He
stated his concerns regarding the retaining wall facing.W. Branch Street were resolved
upon viewing the applicant's rendering with landscape screening; he accepted the
findings in the arborist report; and indicated that he had no concerns about the visibility
of the motel from the freeway. He stated that the economic viability of the motel should
be considered and he would favor an increase in height for the motel sign. Council
Member Lubin expressed support for the project as proposed.
Council Member Runels stated he had no problem with the project and he could support
it.
Mayor Lady stated he favored the layout and design of the project; liked the rendering of
the retaining wall design with appropriate screening; was not convinced that the height
of the building would impede the motel business; and stated that although traffic is a
concern, the impacts would be mitigated with a traffic signal. He supported the project.
Council Member Lubin moved to take tentative action to approve Conditional Use
Permit Case No. 99-013 and Variance Case No. 01-001, and direct staff to return with a
supporting resolution at the next regular Council meeting. Council Member Runels
seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Runels, Lady
NOES: Dickens
ABSENT: Ferrara
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be
passed.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
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12. CITY COUNCIL MEMBER ITEMS
(a) Public Opinion Survey Regarding Growth (Ferrara).
Mayor Lady announced that due to the absence of Mayor Pro Tem Ferrara, this item
would be continued to the regular City Council meeting of July 24,2001.
13. CITY MANAGER ITEMS
(a) Pilot City Council meeting broadcasts on cable television.
City Manager Adams confirmed that the Special Cit~ Council meeting of July 31 st and
the Regular City Council meetings of August 14 and September 11th would be
televised. He also informed the Council that Charter Communications would be
implementing the PEG Access Fund fee beginning with the August cable billing, as
previously directed by the Council.
14. COUNCIL COMMUNICATIONS
Council Member Runels referred to a condition of approval for wrought iron fencing
around the perimeter of Tract 2207 and stated in his opinion, it was not needed on the
west or south side due to the existing chain link fencing. He stated the money could be
used to improve the fencing along the freeway. He requested the Community
Development Director look into the matter.
Council Member Lubin referred to the visual blight of the step-down retaining walls at
the Highlands project and inquired what could be done to require the homeowners to
install the landscaping in a timely manner. Mayor Lady concurred with Council Member
Lubin's concerns.
Council Member Runels requested that staff pursue potential funding for improvements
to Branch Mill Road. City Manager Adams responded that staff would be coming forth
in October with potential street projects eligible for funding through SLOCOG.
15. STAFF COMMUNICATIONS
City Manager Adams reported that a Town Hall meeting has been scheduled for July
26, 2001 at 6:00 p.m. for discussion regarding the potential relinquishment of Hwy 227
and Streetscape improvements; and on October 4th, a Special Meeting has been
scheduled to present concepts on the East Grand Avenue Master Plan.
16. ADJOURNMENT
Mayor Lady adjourned the meeting at 8:45 p.m.
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Michael A. La y, ayo
ATTEST:
mor, irector of Administrative Servicesl
Deputy City Clerk
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