Loading...
Minutes 2003-05-13 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 13, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Costello, Mayor Pro Tern Dickens, and Mayor Ferrara were present. Council Member Lubin was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, Associate Planner Heffernon, and Associate Planner McClish. 3. FLAG SALUTE Jack Gatz, President, Lions Club of Arroyo Grande, led the Flag Salute. 4. INVOCATION Pastor Robert Underwood, First United Methodist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation to the Lions Club of Arroyo Grande. Mayor Ferrara presented a certificate to the Lions Club of Arroyo ~rande in recognition of the Club's outstanding service, hard work, and volunteer time in providing a cover for the barbecue pit at the City of Arroyo Grande and Woman's Club Community Center. President Jack Gatz accepted the certificate. 5.b. Proclamation Recognizing National Public Works Week, May 18-24, 2003. Mayor Ferrara presented an Honorary Proclamation recognizing May 18-24, 2003 as National Public Works Week. Director of Public Works Spagnolo accepted the Proclamation. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Council Member Costello 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. n_"_ CITY COUNCIL MINUTES MAY 13, 2003 PAGE 2 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Ella Honeycutt, speaking as Director of the Coastal San Luis Resource Conservation District, announced a memorial barbeque for Clark Moore and a celebration of the District's 50th Anniversary to be held on May 18, 2003 from 1 :00 to 4:00 p.m. at the Nelson Street green space. 8. CONSENT AGENDA Mayor Pro Tern Dickens moved, and Council Member Runels seconded the motion to ap'prove Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.e. and 8.L, with the recommended courses of action. 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period April 16, 2003 through April 30, 2003. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of April 30,2003. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and ReguJar City Council Meetings of April 22, 2003; the Special Joint Meeting of the Cities of Arroyo Grande, Grover Beach, Pismo Beach and County of San Luis Obispo 3rd & 4th District Supervisors of April 28, 2003; the Special City Council Meeting of April 29, 2003; and the Special Joint Meeting of the Arroyo Grande City Council and Lucia Mar Unified School District Board of Education of April 29, 2003, as submitted. 8.d. Rejection of Claim Against City - Safeco Insurance/K. Randolph. Action: Rejected claim. 8.f. Consideration of Contract with Maximus to Prepare Supplemental Development Impact Fee Study. Action: Appropriated $5,800 and authorized the City Manager to enter into a contract with Maximus to prepare a study to simplify the development impact fee structure. 8.g. Consideration of Progress Payment No.4 for the Scenic Creekside Walk, Phase III Project - PW 2002-02. Action: Authorized Progress Payment No. 4 in the amount of $58,561.38 to Maino Construction Company, Inc. 8.h. Consideration of Development Code Amendment 01-003, Ordinance to Incorporate Design Guidelines and Standards for Historic Districts and Amend the Zoning Map for Design Overlay Map 2.4. Action: 1) Adopted by title only the Ordinance amending Section 16.08.010 of Title 16 of the Arroyo Grande Municipal Code incorporating by reference the 2003 "Design Guidelines and Standards for Historic Districts" and amending the zoning map for Design Overlay District 2.4 to expand its boundaries; and 2) Instructed the Director of Administrative Services to file a Notice of Exemption with the County Recorder. CITY COUNCIL MINUTES MAY 13, 2003 PAGE 3 8.j. Consideration of Progress Payment No. 9 for the Rancho Grande Park Project, PW 2002-03. Action: Authorized Progress Payment NO.9 in the amount of $31,059.16 to Herrera Engineering, Inc. The motion carried on the following roll-call vote, to wit: AYES: Dickens, Runels, Costello, Ferrara NOES: None ABSENT: Lubin 8.e. Consideration of Funding Request from Destination Imagination. Recommended Action: Appropriate $1,000 for a contribution to the Arroyo Grande Destination Imagination teams. Mayor Ferrara invited the representative for the Destination Imagination teams to address the Council and the public. Michael Liebo explained that Destination Imagination is the largest problem solving competition in the world. He said that four teams from the Lucia Mar School District, with a majority of the students from Arroyo Grande, will be representing the State of California in the Global Finals at the University of Tennessee from May 19-25. Mr. Liebo requested the Council approve the request for financial support for the Destination Imagination teams. 8.L Consideration of Authorization to Solicit Proposals for Environmental Services In Conjunction with the Creek Cleaning. Recommended Action: Authorize the solicitation of proposals for environmental services to be provided in conjunction with cleaning Arroyo Grande, Tally Ho, and Meadow Creeks. In response to questions by Mayor Ferrara, Director Spagnolo explained that the City's permit is issued only for removal of vegetation and debris from the creeks within the City limits, as opposed to the County permit, which requires silt removal and reconfiguration of the channel. .- Council Member Costello moved, and Mayor Pro Tern Dickens seconded to approve Consent Agenda Items 8.e. and 8.L with the recommended courses of action. The motion carried on the following roll-call vote, to wit: AYES: Costello, Dickens, Runels, Ferrara NOES: None ABSENT: Lubin ------~---_._- - ---..----------- CITY COUNCIL MINUTES MAY 13, 2003 PAGE 4 Mayor Ferrara requested a change in the PubJic Hearing Jtems, reversing their order. Council Member Costello moved to consider Agenda Item 9.b. prior to Agenda Item 9.a. Council Member Runels seconded the motion, and the motion carried on the following roll-call vote, to wit: AYES: Costello, Runels, Dickens, Ferrara NOES: None ABSENT: Lubin 9. PUBLIC HEARINGS: Council Member Runels declared a financial conflict of interest with regard to Item 9.b. and stepped down from the dais. 9.b. Continued Public Hearing - Conditional Use Permit Case No. 03-001, Vesting Tentative Parcel Map Case No. 03-001 and Planned Sign Program 03-001; Santa Lucia Bank. Associate Planner Heffernon presented the staff report and recommended the Council approve the project as modified. Mayor Ferrara opened the Public Hearing. Stan Cherry, President of Santa Lucia Bank, briefly reviewed changes that had been made to the project and requested approval of the project. John Kniqht, RRM Design Group, reviewed changes made to the project, and displayed proposed roof tile color samples. Jim Guthrie, expressed concerns _with the project with regard to the difference in elevation in relation to the walkway; commented on the trees, and encouraged the planting of a large oak tree; and reviewed parking requirements for the project. Hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council Member Costello stated he was pleased with the changes, especially with regard to the ADA accessible walkway; the proposed oak trees, and the revised roof tile color. He encouraged expansion of the second retail building and supported the project as modified. Mayor Pro Tern Dickens stated he welcomed the efforts put forth by the applicant in addressing Council comments. He favored the revised pedestrian friendly design, change in roof color, change in landscaping plans, and expansion of the walkway and tree-lined path. He stated he would like to see expanding of the building next to the bank to provide increase in retail use. He supported the project as modified. ~--,_.._'_._'---~-- CITY COUNCIL MINUTES MAY 13, 2003 PAGE 5 Mayor Ferrara agreed with the comments that had been made; favored the streetscape and pedestrian oriented design; favored the darker roof tile and stucco; encouraged the development of an outdoor plaza or seating area and encouraged the recruitment of a restaurant for the second building. He stated that as a mixed- use project, he would consider the bank as office use and would encourage tenant retail/food oriented use for the adjacent building. He supported the project as modified. Council Member Costello moved to adopt a Resolution approving Vesting Tentative Parcel Map Case No. 03-001, located at 1530 East Grand Avenue, applied for by Santa Lucia Bank. Mayor Pro Tern Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: None ABSENT: Lubin, Runels There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Council Member Costello moved to adopt a Resolution approving Planned Sign Program 03-001, applied for by Santa Lucia Bank, for property located at 1530 East Grand Avenue. Mayor Pro Tern Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: None ABSENT: Lubin, Runels There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. Council Member Costello moved to adopt a Resolution adopting a Mitigated Negative Declaration, instructing the Director of Administrative Services to file a Notice of Determination, and approving Conditional Use Permit Case No. 03-001, located at 1530 East Grand Avenue, applied for by Santa Lucia Bank. Mayor Pro Tern Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: None ABSENT: Lubin, Runels There being 3 AYES, 0 NOES, and 2 ABSENT, the motion is hereby declared to be passed. .._-~-- CITY COUNCIL MINUTES MAY 13,2003 PAGE 6 Council Member Runels returned to the dais. 9.a. Consideration of Final Subsequent Environmental Impact Report (SEIR) for Vesting Tentative Tract Map and Planned Unit Development 01-001, Castlerock Development. Associate Planner McClish presented the staff report and recommended the Council adopt a Resolution certifying the Final Subsequent Environmental Impact Report (SEIR) prepared for Vesting Tentative Tract Map 01-001 and PUD 01-001 as adequate and complete pursuant to the requirements of the California Environmental Quality Act (CEQA). John Rickenbach, Rincon Consultants, Inc., reviewed the purposes of CEQA; the EJR process; explained that Council is considering approvaJ of the Final SEJR, not approval of the project; reviewed the project history; description of the project area; project components; significant and unavoidable impacts, including to biological resources; significant but mitigableimpacts; less than significant impacts, and alternatives to the project. Mr. Rickenbach and Kevin Merk, Senior Plant Ecologist/Restoration Specialist from Rincon Consultants then responded to extensive questions from Council members regarding the Final SEIR. Mayor Ferrara opened the Public Hearing. The following members of the public spoke regarding the FinaJ Subsequent Environmental Impact Report for Vesting Tentative Tract Map and Planned Unit Development 01-001: Dennis Law, representing Castlerock Development, submitted extensive additional material (on file in the Administrative Services Department) some of which related to the FSEIR. Bob Brownson, spokesperson, Citizens for the Environment in Arroyo Grande, submitted written comments (on file in the Administrative Services Department) regarding 25-foot versus 50-foot setbacks in Tract 1998 (VVT 01-001). He provided arguments against 25-foot setbacks and arguments in favor of 50-foot setbacks for Meadow Creek and the adjacent riparian habitat and from Pismo Clarkia, and opposed the idea that a Homeowners Association could adequately enforce the mitigation measures. Mr. Brownson also provided written comments (on file in the Administrative Services Department) regarding substantial interference with regard to established resident or migratory wildlife corridors. He concluded by requesting modification of the setbacks back to 50 feet and said they believe that on-site cumulative impacts to biological resources is a Class I significant and unavoidable impact and it should be included as an additional mitigation or condition of approval when the City Council ratifies the SEIR. ---._--------- CITY COUNCIL MINUTES MAY 13, 2003 PAGE 7 Jerry Tuft, Arroyo Grande resident, stated that Homeowner's Associations could not police the mitigation measures sufficiently to protect the creeks as they have difficulty enforcing other regulations. He favored the establishment of a 50-foot setback. Nanci Parker, Arroyo Grande resident and former Planning Commissioner, expressed concerns regarding impacts to Pismo Clarkia; noise and lighting impacts to riparian habitat; impacts to biological resources; using Homeowner's Associations to enforce mitigation measures; and stressed the importance of protecting Meadow Creek and the Pismo marshland. Richard NuttinQ, Arroyo Grande resident, stated that the Homeowner's Association should not be heJd to enforce the required setbacks. David ChippinQ, Conservation Director, California Native Plant Society, submitted written comments (on file in the Administrative Services Department) regarding considerations for buffer width for Pismo Clarkia populations. He also commented that Alternative C appeared to be the best alternative. William WaQner, environmental scientist, stated that setbacks do not matter, the environment is constantly changing and evolving, and that the worst impact was actually fluoridating the water supply. Ella Honeycutt, Arroyo Grande resident, stated that Meadow Creek was not addressed adequately and the FSEIR does not address the watershed issue. DouQlas Tate illustrated the distance of 25 feet with a tape measure and asked if this was an adequate distance to protect riparian habitat. He agreed that the Homeowner's Association should not be enforcing that regulation, and that he supports the originaJ 50 foot setback requirement. He supported the enforcement of no net loss of Pismo Clarkia. Frances Rice, -Arroyo Grande resident, did not address the Council; however, she submitted a written letter for the record regarding the building of further homes on La Canada (on file in the Administrative Services Department). Mayor Ferrara called a recess at 10:10 p.m. The Council reconvened at 10:20 p.m. Mary Pinole, member of the Highlands Homeowners Association, concurred and str~ssed that Homeowners Associations cannot enforce the setback regulations. Dennis Law, clarified earlier comments and reminded the Council that the applicant has proposed a Pismo Clarkia Avoidance Alternative which he stated would address all concerns expressed. He suggested that if the Council decided to include the alternative it might be necessary to recirculate the document to analyze this alternative's impacts. He requested the Council continue the item in order to allow the consultant to further evaluate the alternative proposed. Hearing no further public comments, Mayor Ferrara clo$ed the Public Hearing. Mayor Ferrara referred to the Pismo Clarkia Avoidance Alternative presented by Mr. Law and asked if a recommendation had been made to further study it. ,_..~---~--_... -------- --~-----~_..,_.---_.-._--~-- -- - ---.-- 6 CITY COUNCIL MINUTES MAY 13, 2003 PAGE 8 City Attorney Carmel indicated that Castlerock brought forth the alternative and he deferred to the consultant as to whether there was sufficient detail in the diagram previously submitted to allow the consultant to meaningfully analyze this alternative. Mr. Rickenbach responded that the hand drawn map was a good start and that any other detail that could be provided and defined would be useful. Mayor Ferrara asked whether there was some allowance in the CEQA process for further expansion of this alternative in a subsequent study. City Attorney Carmel responded yes, that there is a specific provision in CEQA for recirculation of new alternatives, modifications to the project, and new mitigation measures. Council Member Runels stated that due to the presentation of new information, there was a need for further study and recirculation. He stated that 50 foot buffers should be reviewed and considered and agreed with comments that a Homeowner's Association or City officers are not going to be able to enforce the buffer requirements. Council Member Costello said there was a need for more information and study regarding the buffer issue; that migratory corridors need to be defined more clearly; that the issue with watersheds and the affect of the project on the Pismo marsh needs to be identified more thoroughly; and that any mitigation measures that use the term "if feasible' be very clearly defined. He recommended recirculation based on those issues. Mayor Pro Tem Dickens stated that there were issues that needed to be looked at in greater detail, including: 1) reinvestigating or providing further study on the annual rainfall for the area and the effects of wet and dry years on the biological resources identified on the project site; 2) clarification on required fire buffers; 3) studying the reliability and effectiveness of implementing a Homeowners Association oversight program; and 4) studying further the Pismo Clarkia Avoidance Alternative. He favored moving forward with further study on these issues and recirculating the SEIR for additional public comment. Mayor Ferrara stated that he was inclined to disagree with the validity of offering a Homeowners Association oversight as a prime condition of mitigation to enforce buffer areas. He requested that further study be conducted considering public testimony received and make a recommendation based on additional research. With regard to the Pismo Clarkia, he requested additional study of expert sources regarding appropriate buffers. He said that Class I and Class II impacts should be clearly defined and that the Pismo Clarkia Avoidance Alternative should be considered. He favored recirculation of the SEIR. Mr. Rickenbach provided a recap of the issues the Council was requesting for further study as follows: provide a study and analysis of the Pismo Clarkia Avoidance Alternative put forth by the applicant; provide an analysis on riparian and wetland CITY COUNCIL MINUTES MAY 13, 2003 PAGE 9 buffer distances (25' vs. 50'); define migratory corridors and analyze their effectiveness in more detail as related to classification of impacts to wildlife and wildlife habitats; provide clarification of the effects on water quality particularly to Pismo Lake; discuss and define areas where the term "if feasible" is identified in the mitigation measures; study the effect of annual rainfall and whether that makes any difference to the mitigation measures suggested with respect to impacts to biological resources; provide more information on fire impacts in relation to recommended buffers; study the effectiveness of using HOA's for enforcement of mitigation measures and how that relates to recommended buffers; and provide a written description of the different expert .opinions regarding Pismo CJarkia buffering effectiveness. He clarified that only revised portions of the FSEIR would be re- circulated for a 45-day public comment period. Discussion ensued with regard to the timeframe needed for the consultant to gather information from the applicant in order to provide additional analysis. Jt was agreed that a status report and timeline would be provided to the Council at its June 10, 2003 meeting. Discussion also ensued regarding payment for the additionaJ environmental analysis and recirculation. Mr. Law, representing the applicant, agreed that the applicant would pay for those costs. Mayor Pro Tern Dickens moved to continue consideration of the Final Subsequent Environmental Impact Report for Vesting Tentative Tract Map and PJanned Unit Development 01-001 to a date uncertain, but not to exceed September 30, to allow review of the items identified by Rincon Consultants. Following discussion, Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello, Runels, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of an Ordinance Amending Title 13 of the Arroyo Grande Municipal Code and Resolution for the Implementation of a Water Conservation Program and Authorization to Advertise Notice of Inviting Bids for Plumbing Retrofits. ---'~--"'- CITY COUNCIL MINUTES MAY 13, 2003 PAGE 10 Director of Public Works Spagnolo gave a presentation and reviewed the goals of the Water Conservation Program; funding sources; program cost; main program components; required Municipal Code amendments; Phase 1, including retrofits and water shortage contingency analysis; provided an overview of the plumbing retrofit program; Phase II, including landscaping irrigation efficiency; reviewed the proposed public education component; and explained that a system assessment would be conducted of top water users. Director Spagnolo and Courtney Fisher, John Wallace and Associates, then responded to questions from Council. Council and staff discussion ensued regarding the status of the City's water storage areas; the status of the Reservoir #1 project; liability issues with regard to replacement of water regulators and internal fixtures in residential units; concerns regarding the significant generation of construction and demolition waste; and a suggestion to build recycling requirements into the contract for the disposal of fixtures at a construction and demolition site. Mayor Ferrara opened up the item for public comment. Steve Ross, Arroyo Grande, spoke regarding landscaping rebate programs that encourage water conservation and commented on the proposed tiered water rate structure. Hearing no further public comments, Mayor Ferrara closed the floor to public comment and brought the item back to Council for consideration. Council Member Runels moved to introduce an Ordinance repealing Sections 13.04.130 and 13.04.170 of Chapter 13.04 of Title 13 and Adding Chapter 13.05 regarding Water Conservation. Mayor Pro Tern Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Runels moved to adopt a Resolution approving implementation of the procedures set forth in the Water Conservation Program. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin >"-"--"..;:~ CITY COUNCIL MINUTES MAY 13, 2003 PAGE 11 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Runels moved to authorize the advertisement of the Notice Inviting Bids for plumbing retrofits of single-family residential homes within the City of Arroyo Grande as described in the Water Conservation Program. Mayor Pro Tem Dickens seconded the motion. Discussion ensued and Council Member Runels clarified that. the motion included adding provisions to the water conservation program to include a recycling component and provisions to deal with potential liability issues. On the following roll-call vote, to wit: AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS: a) Recommendation to continue coordination with County of San Luis Obispo regarding housing allocation numbers and Housing Element Update. Mayor Ferrara requested, and the Council concurred, to continue coordination with the County of San Luis Obispo regarding housing allocation numbers and the Housing Element Update. 13. CITY MANAGER ITEMS a) Parcel Map AG 02-157; 1060 Maple Street; Anthony Toste. City Manager Adams reported that the City Engineer has received Parcel Map AG 02-157, owned by Anthony Toste. The subject parcel is located at 1060 Maple Street. This is a split of one parcel of 20,785 square feet in size into three separate lots of 6,385.,7,200, and 7,200 square feet in size. This parcel map is incorporated with the replacement of one existing residential unit on Parcel C with two existing residential units to remain on both Parcel B and Parcel A. Unless appealed, the Final Map will be approved by the City Engineer within ten days following the date of this agenda. 14. COUNCIL COMMUNICATIONS Mayor Ferrara announced he. would be attending the League of California Cities' "Legislative Action Days" in Sacramento this week. --~----- ----.--- CITY COUNCIL MINUTES MAY 13,2003 PAGE 12 15. STAFF COMMUNICATIONS City Manager Adams reported that a video was available from the League of California Cities called "Cloudy Skies Over California's Cities" and offered to show it to the Council prior to programming it on the City's government access channel. Due to the late hour, the Council directed staff to proceed with programming the video on the City's government access channel for public viewing. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 11 :55 p.m. ATTEST: / ,\fL- Kelly W mo , Director of Administrative Servicesl Deputy City Clerk (Approved by Council 5!Zl/o3) -- ------.-