Minutes 2004-03-23
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 23, 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, Dickens, Costello, Mayor Pro Tem Lubin, and
Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney CarmeJ, Director of Administrative
Services Wetmore, FinanciaJ Services Director Snodgrass, Director of
Public Works Spagnolo, Community Development Director Strong,
Associate PJanner Heffernon, Contract PJanner McClish, and Assistant
PJanner Bergman.
3. FLAG SALUTE
Alvin Evenson and Dean Castellino, representing American Legion Post No. 136, led the Flag
SaJute.
4. INVOCATION
Jean Bowser, Bahai Faith, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Mayor's Commendation Recognizing Khatchik "Katcho" Achadjian, County
Supervisor - District 4 for Contribution Received for the Village Streetlight "Let
There Be Lights" Program.
Mayor Ferrara presented a Mayor's Commendation to Khatchik "Katcho" Achadjian, County
Supervisor - District 4, in recognition of his generous contribution for the Village Streetlight "Let
There Be Lights" Program.
5.b. Honorary Proclamation Recoanizina April 2004 as the "Month of the Child"
Mayor Ferrara presented an Honorary Proclamation to Monica Goldberg, representing San Luis
Obispo Child Care Planning Council, recognizing April 2004 as "Month of the Child".
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
Council Member Dickens 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.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
None.
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MARCH 23, 2004
PAGE 2
8. CONSENT AGENDA
Mayor Pro Tern Lubin moved, and Council Member Dickens seconded the motion to approve
Consent Agenda Items 8.a. through 8.L, with the recommended courses of action. The motion
carried on the following roll-call vote: .
AYES: Lubin, Dickens, Runels, Costello, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period March 1, 2004 -
March 15, 2004.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the
Water Facility Fund.
Action: Received and filed the February 2004 cash report and approve the interfund
advance from the Water Facility Fund to cover cash deficits in other funds at February
29,2004.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council Meeting and Regular City
Council/Redevelopment Agency Meeting of March 9, 2004 as submitted.
8.d. Rejection of Claim Against City - L. Byrd.
Action: Rejected claim.
8.e. Consideration of Request to Refund Application Fee for Drive-Thru Girl Scout
Cookie Sale in the Parking Lot at 1200 E. Grand Avenue.
Action: Approved the request from the Girl Scouts of Tres Condados to refund the
application fee for TUP 04-004.
8.f. Consideration of an Award of Contract to Senna Tree Company for Relocation of a
Coastal Live Oak Tree for the Reservoir No.1 Replacement Project, PW 2003-07.
Action: 1) Awarded a construction contract for the relocation of a Coastal Live Oak Tree
located at the site of the Reservoir No. 1 Replacement Project to Senna Company in the
amount of $14,200.00; 2) Authorized the City Manager to approve change orders not to
exceed the contingency of $1,420.00 for use only if needed for unanticipated costs during
the construction phase of the project; and, 3) Directed staff to issue the Notice of Award
and Notice to Proceed with other necessary contract documents.
8.g. Consideration of a Request for Contract Relief by SLO Plumbing and an Award of
Contract to Mid State Plumbing for Phase I of the Water Conservation Pro,gram.
Action: 1) Approved a request for contract relief by SLO Plumbing; 2) Awarded a
contract for Phase I of the Water Conservation Program to Mid State Plumbing in the
amount of $348,665.00; 3) Appropriated an additional $73,150.00 from the Water
Neutralization Impact Fund; and 4) Directed staff to issue the Notice of Award and Notice
to Proceed with other necessary contract documents.
8.h. Consideration to Appropriate Additional Funds for Design Service Contract on the
Fire Station Expansion Project, PW 2003-05.
Action: Appropriated $13,000 from the Fire Facilities fund for reimbursable and
construction administration expenses incurred by the project architect, RRM Design
Group.
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8.i. Consideration of Authorization of City Manager to Approve and Execute Necessary
Documents Related to Affordable Housing Unit at 266 Aspen Street Consistent
with the Current Deed Restrictions.
Action: Authorized the City Manager to approve and execute additional documents
determined to be necessary, modifications to existing documents, and to take other
necessa ry actions related to the affordable housing unit at 266 Aspen Street consistent
with the terms and conditions of the current deed restrictions.
9. PUBLIC HEARING:
9.a. Consideration of General Plan Amendment Case 03-003 (Aaricultural Resources)
Contract Planner McClish presented the staff report and recommended the Council approve the
Negative Declaration and adopt a Resolution approving General Plan Amendment 03-003
amending the Agricultural, Conservation and Open Space EJement to revise language in
Objective Ag1 relating to conversion of prime agriculture land; Policy Ag3-11 relating to farm
worker housing; and policies and implementation measures for Ag 1-3, Ag3-5, and Ag3-6 for
language relating to agricultural conservation easement programs. Assistant Planner Bergman
gave an overview of the agricultural enterprise programs. Staff responded to questions from
Council regarding farm worker housing.
Mayor Ferrara opened the public hearing.
Otis Paae, Arroyo Grande, spoke about the agricultural policy revisions and inquired if the
pOlicies were going to be selectively applied to agricultural properties in the City.
Chuck Fellows, Arroyo Grande, spoke in support of ag-tourism and the agriculture conservation
easement and agriculture enterprise programs.
Bill McCann, Arroyo Grande, spoke in support of the agriculture conservation easement and
agriculture enterprise programs.
Ella Honevcutt, Arroyo Grande, spoke in support 'of the agricultural conservation easement and
agriculture enterprise programs.
Lerov Saruwatari, Arroyo Grande, thanked the Council for supporting agriculture operations.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Member Costello supported the recommendation to remove the word "minimize" from
Agriculture, Conservation and Open Space Element Objective Ag1; supported the proposed
Agricultural Conservation Easement Program; supported the Agricultural Support and Enterprise
Programs; and supported the prqposed language amendments relating to farm worker housing.
Council Member Runels did not support the proposed General Plan Amendment indicating it
diminished the rights of affected property owners to use their land in the way they choose. He
cited the Williamson Act as an available option for property owners and stated that to his
knowledge, only one property in the City had taken advantage of this option. He also
commented that small farm owners within the City could not afford to build and maintain farm
worker housing.
Council Member Dickens supported the elimination of the word "minimize" from Agriculture,
Conservation and Open Space Element Objective Ag1; supported the development of an
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MARCH 23, 2004
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Agricultural Conservation Easement Program; supported modifying the language for farm worker
housing to be consistent with the Housing Element; and supported the Agricultural Support and
Enterprise Programs.
Mayor Pro Tern Lubin supported the Agricultural Support and Enterprise Programs; expressed
some concerns regarding farm worker housing; expressed concerns with removing the word
"minimize" out of Objective Ag1; and stated that he could support some components of the
proposal being presented for approval.
Mayor Ferrara supported the Agricultural Support and Enterprise Programs; supported the
proposed revision of Objective Ag 1 to remove the word "minimize"; expressed concerns
regarding the provisions for farm worker housing and stated that this issue needed to be more
clearly defined; and supported the Agriculture Conservation Easement Program.
Council Member Dickens moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING GENERAL PLAN
AMENDMENT 03-003 TO AMEND THE AGRICULTURAL, CONSERVATION AND OPEN
SPACE ELEMENT REVISING OBJECTIVE AG1 RELATING TO CONVERSION OF PRIME
AGRICULTURAL LAND; POLICY AG3-11 RELATING TO FARMWORKER HOUSING; AND
POLICIES AND IMPLEMENTATION MEASURES FOR AG1-3, AG3-5, AND AG3-6 RELATING
TO AGRICULTURAL CONSERVATION EASEMENT PROGRAMS". Council Member Costello
seconded the motion. City Attorney Carmel asked for clarification whether the motion included
the approval of the Negative Declaration. Council Member Dickens said yes and amended his
motion to adopt the Resolution, as amended, to include the approval of the Negative Declaration.
Council Member Costello seconded, and on the following roll-call vote:
AYES: Dickens, Costello, Ferrara
NOES: Runels, Lubin
ABSENT: None
There being 3 A YES and 2 NOES, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Pre-Application Review Case No. 04-004; Proposed Residential
Subdivision and Neighborhood Plan; East Cherry Avenue and Myrtle Street;
Applicant - Damien Mavis, Creekside Estates of Arroyo Grande, LLC
Council Member Dickens declared an indirect conflict of interest due to his beneficial interest in
real property located near the proposed project and stepped down from the dais.
Community Development Director Strong declared a conflict of interest due to an option to
purchase a portion of the property that is the subject of this proposal and stated he had not and
would not be participating in the processing of this application. He stepped down from the staff
table.
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MARCH 23, 2004
PAGE 5
Associate Planner Heffernon presented the staff report and recommended the Council review
the project and provide direction and comments to the applicant.
Mayor Ferrara invited the applicant to the podium to address the Council.
Fred Bauer, Arroyo Grande, gave an overview of how the project started, discussed ideas for
smart growth, explained the efforts made to involve the neighborhood to obtain feedback on
proposed development of the property.
Eric Justesson, RRM Design Group, spoke on behalf of the appliCant, and .gave an overview of a
proposed development layout for the property based on the General Plan designation of
Neighborhood Plan with medium density. He stated that some of the issues to be addressed as
part of the. project would be drainage, balanced access to the property from E. Cherry and
Myrtle, lot sizes, street widths, a pocket park, access to the creek, respecting the agriculture
property to the south, inclusionary housing, and architectural style.
Mayor Ferrara invited other members of the public to comment.
Carol Hoffmeyer, representing the Dixson Family Trust, read a letter into the record which
requested the Council consider increased buffer distances, increased depth of landscaping; an
8-foot high block wall and a "no-climb" wood fence on the property line; cooperative improvement
of the existing 15-foot private driveway; ensuring that prospective property owners are informed
of the Right-to-Farm ordinance; investigating the potential for a detention, retention, and/or
recharge basin within the proposed project; and ensuring that the drainage deficiencies are
resolved.
Chuck Fellows, Arroyo Grande, favored a pedestrian bridge across the creek to provide safety
for children.
Otis Paae, Arroyo Grande, expressed disappointment that the neighborhood was not specifically
noticed for this item tonight. He commented that there was no proposal from the applicant for a
park or a bridge. He also commented on existing drainage issues and felt that the neighborhood
objects to the high density being proposed. He stated that he has no objections to development;
however, he had a problem with developing prime agriculture land.
Lynn Titus, Arroyo Grande, expressed concern with the proposed density and commented that
the acreage figure was incorrect. She inquired whether anyone had talked to the Lucia Mar
Unified School District regarding a bridge and said she did not think they would like it. She
asked who would deveJop and maintain the park, stated there was a lot of poison oak in the
area, and inquired whether E. Cherry Avenue would be extended. ~
Jim Guthrie, Arroyo Grande, requested feedback from the Council on the concept of clustering.
He also asked how the required agriculture buffer distance would be analyzed and determined.
Bill McCann, Arroyo Grande, expressed concerned regarding the buffer zone and stated he was
not sure that 100 feet would be enough. He proposed a minimum 150 foot buffer. He also
expressed concerns about drainage.
Wayne Kina encouraged the Council to review the comments made regarding the Vanderveen
project.
Larrv Turner, Arroyo Grande, spoke about drainage and stated he needed assurance that
drainage will be addressed properly. He stated that the temporary ditch has stopped the
problems. He supported development of the property; however, he would not support two-story
homes against Noguera Street.
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Lerov Saruwatari, Arroyo Grande, expressed concerns about the buffer zone and stated that the
County imposes 300 feet. He stated that there should be a minimum 150-foot buffer. He also
said that the City's Right-to-Farm Ordinance should be disclosed to potential property owners.
Ella Honevcutt. Arroyo Grande, stated that buffer zones are there to make good neighbors and
urged the Council to ensure that the buffer zone is adequate to protect the homes and the
farmers.
Hearing no further public comments, Mayor Ferrara closed the public comment period.
Council Member Runels stated that the drainage problem must be addressed first and foremost;
he would prefer to see larger lots with, less density; did not favor two-story homes; stated that a
100-foot buffer was sufficient; and commented that the Dixson Ranch would have to assume
some of the mitigation. He did not support the type of Jarge walls being requested by the Dixson
Ranch.
Council Member Costello commented on the need to resolve the drainage issue; encouraged the
applicant to seek feedback from the Lucia Mar School District regarding the bridge and access
issues; supported the concept of smaller lots; liked inclusion of the Village Design Guidelines
and Standards; commented that there would be a need to carefully review the buffer zone
requirement; and stated that the concerns in the Dixson letter were valid.
Mayor Pro Tern Lubin inquired who would build and maintain the bridge and the park; requested
clarification on plan #4; asked for clarification on the exact acreage of the property; stated that
traffic issues are significant and inquired whether the E. Cherry extension would remain as a dirt
road or be paved; favored smaller lots to meet housing goals; expressed concerns regarding the
buffer zone distance; commented that the drainage problem must be solved; agreed that no two-
story homes should be built on the Noguera Street side; agreed that new property owners need
to be informed about the City's Right-to-Farm Ordinance; commented that public comments
about the parcel being prime agricuJture land needed to be addressed; and commented that
some of the ideas outlined in the Dixson letter were good; however, he felt that if they desired a
no-climb wood fence, it should be built on their property.
Mayor Ferrara emphasized the concept of a Neighborhood Plan and commented that the Plan
was partly driven by the drainage problem from Newsom Springs. He stated that drainage is the
first and foremost concern and that there is a need for additional engineering on a catch basin, a
pipe, or a combination of both. He commented on the need for an adequate size buffer zone;
addressed the density issue and the need for affordable housing; and favored inclusionary
housing in the project. He agreed that the design and placement of any two-story homes
needed to be considered to accommodate neighborhood privacy. He Jiked the idea of a bridge
but expressed the need to get feedback from Lucia Mar School District; expressed concern
regarding pedestrian traffic, however, the benefits of a bridge may outweigh other problems. He
favored the development of a pocket park to be maintained by a homeowners association.
Mayor Ferrara commented that buffer zones need to be analyzed on a case-by-case basis; and
there is a need to look at unique site factors to determine adequate buffer size. He requested
additional review of the concept drawings submitted by the Dixson Ranch. He commented that
the buffer zone requirement may set a precedent for future development.
Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had received
sufficient feedback and direction with regard to the proposed project.
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PAGE 7
There was no action taken on this item. Council Member Dickens returned to the dais.
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). Meeting was cancelled; no report.
(2) Integrated Waste Management Authority (IWMA). Reported that the County
JPA met and is maintaining its diversion rate (currently at 51 %); gave a status
report on increased tonnage going into the CoJd Canyon Landfill due to weighing
of vehicles versus estimating the weight. Additionally, there is more activity in
construction and demolition waste; more cities need to pass ordinances similar to
those in Arroyo Grande, Morro Bay and San Luis Obispo.
(3) Other. None.
b. MAYOR PRO TEM SANDY LUBIN:
(1) South County Area Transit (SCAT). No report.
(2) Economic Vitality Corporation (EVC). Reported that the EVC will host a Smart
Cities Workshop to explore ways to increase county e-commerce activity and
encouraged staff members to attend.
(3) Other. Received CJPIA reports; provided to staff for making copies to the
Council.
c. COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board. Everything is functioning properly at the Dam
following fix of broken Lopez line at the bottom of Tally Ho Creek. The Habitat
Conservation Plan has bElen submitted to the Board of Supervisors and released
for public review and comment.
(2) County Water Resources Advisory Committee (WRAC). No report.
. (3) Other. None.
d. COUNCIL MEMBER JIM DICKENS:
(1) South County Youth Coalition. Announced that 40-50 local students from
South County would be participating in the Annual Asset Development
Conference Summit 3 on March 26 & 27 in San Luis Obispo; Jack Smith gave a
presentation on the newly formed South County Education Foundation, a private
non-profit organization, whose goal is to raise funds to supplement the
educational needs of youth in the South County.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). The District
conducted video inspection of approximately 70% of the sewer system in an
attempt to obtain a baseline and create a capital improvement and master plan;
Reported on an issued regarding the Bakeman Lane Trunk System which is not
adequate to meet the sewer capacity need for development already approved in
the City.
(3) Other. None.
e. COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD). None.
(2) Other. None.
CITY COUNCIL MINUTES
MARCH 23, 2004
PAGE 8
13. CITY C'OUNCIL MEMBER ITEMS:
a) Request of Council to Appeal Plot Plan Review Case No. 04-002; Applicant - Tried and
True Tattoo; Location - 1037 E. Grand Avenue. (FERRARA)
Upon a request by Mayor Ferrara, there was consensus of the Council to place an appeal of Plot
Plan Review Case 04-002 on a future City Council agenda for consideration.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Runels requested consideration of establishing a JPA to manage the Lopez
Dam operation.
16. STAFF COMMUNICATIONS:
City Manager Adams announced the following public workshops: City Hall Complex Feasibility
Study and Needs Assessment Workshop, March 25th, 6:30 p.m. in the Council Chambers, 215 E.
Branch Street; and a workshop on potential future land uses in the City's Sphere of Influence,
March 30th, 6:30 p.m. at the City of Arroyo Grande and Woman's Club Community Center, 211
Vernon Street.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:35 p.m.
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ATTEST:
J t1/1LJIU.-
L<
Kelly Wet or Director of Administrative Servicesl
Deputy City Clerk
(Approved at CC Mtg if,/:3 -Of)
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