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Minutes 2004-04-13 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 13,2004 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 Tern Lubin, and Mayor Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Financial Services Snodgrass, Director of Public Works Spagnolo, Director of Building and Fire Fibich; Community Development Director Strong, and Contract Associate Planner Teresa McClish. 3. FLAG SALUTE Jack Gatz, representing Arroyo Grande Lions Club, led the Flag Salute. 4. INVOCATION Pastor Jan Armstrong, First Presbyterian Church, Grover Beach, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation Recognizing April 30, 2004 as Arbor Day. Mayor Ferrara presented an Honorary Proclamation recognizing April 30, 2004 as Arbor Day. Parks Maintenance Worker Pete McClure accepted the Proclamation and invited the Council, staff, and members of the public to an Arbor Day Celebration at Elm Street Park on Friday, April 30, 2004 at 10:00 a.m. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Members Runels moved, Mayor Pro Tern Lubin 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. 8. CONSENT AGENDA Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action. The motion carried unanimously on the following roll-call vote: AYES: Runels, Costello, Lubin, Dickens, and Ferrara NOES: None ABSENT: None CITY COUNCIL MINUTES APRIL 13, 2004 PAGE 2 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period March 16, 2004 through March 31,2004. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of March 31, 2004. 8.c. Consideration of Annual Review of City Investment Policy. Action: Approved without changes the City of Arroyo Grande Jnvestment Policy. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of March 23,2004 as submitted. 8.e. Consideration of Authorization to Award Bid for Furniture for the Fire Station Expansion. Action: Authorized the award of bid to Tri County Office Furniture for furniture for the Fire Station dormitory rooms, training room, conference room, and offices in the amount of $30,448. 8.1. Consideration of Award of Contract to Papich Construction Company for Construction of the Reservoir No.1 Replacement Project, PW 2003-07. Action: 1) Awarded a contract for the construction of the Reservoir No. 1 Replacement Project to Papich Construction Company in the amount of $1,850,910; 2) Authorized the City Manager to approve change orders not to exceed the contingency of $185,900 for use only if needed for unanticipated costs during the construction phase of the project; 3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents; and 4) Appropriated $780,000 from the Water Facilities Fund and $420,000 from the Water Fund. 8.g. Consideration of Acceptance of Grant Deed from Espinoza Family Trust, et al (Portion of APN 007-791-005), 433 Carpenter Canyon Road, State Highway Route 227, North Edge of City. Action: 1) Accepted the offer of the portion of the Espinoza Family Trust property within the City; and 2) Authorized the City Manager to record the grant deed. Mayor Ferrara requested, and the Council concurred, to move Item 11.a. up on the Agenda to be heard following Item 9.a. 9. PUBLIC HEARING 9.a. Consideration of Proposed Western Expansion to the Village Downtown Parking and Business Improvement Area. Community Development Director Strong presented the staff report and recommended the Council continue consideration of the proposed western expansion to the Village Downtown Parking and Business Improvement area to a date uncertain. He also stated that further traffic, environmental, and engineering cost studies would need to be completed before any decision is made regarding a potential public access easement along Le Point Street between Wesley and Nevada Streets. Mayor Ferrara opened the public hearing. -- CITY COUNCIL MINUTES APRIL 13, 2004 PAGE 3 The following members of the public spoke in opposition to an extension of Le Point Street: Mark Pelletier, Larchmont Street Lori Rai, Tally Ho Road Barbara Jean Hart, Hart Lane Bill DeBlauw, Larchmont Drive Travis Evans, Larchmont Drive Linda DeBlauw, Larchmont Drive Alisa Larsen, Le Point Street (submitted letter for the record) Connie Chetti, Le Point Street (submitted letter for the record) Harlev Boos, Nevada Street Toni Marshall, Tally Ho Road Katherine Evans, Larchmont Drive Upon hearing no further public comments, Mayor Ferrara cJosed the pubJic hearing. Council comments and discussion ensued regarding the concerns expressed by members of the public regarding a Le Point Street extension, as well as traffic speed problems on Tally Ho Road; clarification regarding the proposal to expand the boundaries of the Downtown Parking and Business Improvement Area to address the need for additional parking and circulation improvements within the Village; and expanding and increasing public notification efforts regarding future consideration of traffic issues in the Village, including those concerning Le Point Street and Tally Ho Road. City Manager Adams clarified that the concept of the proposal was part of an overall effort to improve parking, access, and circulation throughout the Village. Mayor Pro Tern Lubin moved to continue consideration of the proposed western expansion to the Village Downtown Parking and Business Improvement Area to a date uncertain, including a larger public notification as well as continued traffic studies on both Tally Ho Road and Le Point Street. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None ABSENT: None There being 5 AYES anq 0 NOES, the motion is hereby declared to be passed. 11. NEW BUSINESS 11.a. Consideration of Establishing a Joint Powers Authority (JPA) for Management of Lopez Dam and Water Treatment Plant. Director of Public Works Spagnolo presented the staff report and requested the Council provide input and direction to staff and/or Council Member Runels, the City's representative on the San Luis Obispo Flood Control and Water Conservation District Zone 3 Advisory Committee. Council Member Runels provided additional background information and responded to questions from other Council Members. Council discussion ensued regarding fiscal responsibility, liability, and commitment of the agencies if a JPA were formed. -.__.~ .- CITY COUNCIL MINUTES APRIL 13, 2004 PAGE 4 Following comments and discussion, it was agreed that the County should continue to manage the dam and water treatment facilities. Mayor Ferrara opened up the item for public comment. Jim Guthrie, Starlight Lane, inquired how State water allocations would be affected for those agencies that receive State water. Hearing no further public comments, Mayor Ferrara closed the public comment period and brought the item back to Council for consideration. Council Member Runels moved that the City not participate in or proceed with formation of a JPA for operation of the Lopez dam and water treatment plant. Council Member Dickens seconded the. motion, and on the following roll-call vote: AYES: Runels, Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARING Mayor Pro Tern Lubin declared a conflict of interest due to real property ownership near the project, stepped down from the dais, and left the meeting. 9.b. Consideration of Revised Final Subsequent Environmental Impact Report for Vesting Tentative Tract Map 01-001 and Planned Unit Development 01-001 (Previously Known as Tract 1998). Associate Planner McClish presented the staff report and recommended the Council adopt a ResoJution to certify the Revised Final Subsequent Environmental Impact Report (SEJR) prepared for Vesting Tentative Tract Map 01-001 and Planned Unit Development 01-001 as adequate and complete pursuant to the requirements of the California Environmental Quality Act (CEQA). John Rickenbach, Rincon Consultants, gave an overview of the purposes of the California Environmental Quality Act (CEQA), the EnvironmentaJ Impact Review (EJR) process, the project history, description of the project area, project objectives, project components, comparison of the revised SEIR and the original SEIR, significant and unavoidable impacts, significant but mitigable impacts, less than significant impacts, original SEIR project alternatives, new alternatives, and Planning Commission recommendations. Mayor Ferrara opened the public hearing. Dennis Law, representing Castlerock Development, gave an overview of the history of the Rancho Grande Conceptual Master Plan. He also reviewed the history of environmental determinations, impacts, and analyses for the Rancho Grande Conceptual Master Plan, with particular emphasis on the project site. CITY COUNCIL MINUTES APRIL 13, 2004 PAGE 5 Mayor Ferrara called for a break at 9:00 p.m. The Council reconvened at 9:07 p.m. and the pUblic hearing continued. Bob Brownson, neighborhood spokesperson, Citizens for the Environment in Arroyo Grande, requested that the Council ratify the Planning Commission's recommendations. He spoke about environmental impacts to Pismo clarkia, wildlife and riparian habitat, Meadow Creek, wetlands, and the oak woodlands. He urged the Council to approve a 50-foot setback for riparian and wetland areas; approve a 50-foot setback for protecting Pismo clarkia; urged protection of oak trees with stronger mitigation measures; and stated it was unreasonable to accept a Homeowners Association as an enforcement authority for the protection of biological resources and said this mitigation measure should not be approved. The following members of the public expressed concerns regarding environmental impacts to biological resources on and near the project site, the need for larger buffer widths, and erosion and drainage: Ella Honevcutt, Oak Hill Road Nanci Parker, Yard Loomis Lane . David Chippina, Conservation Director, California Native Plant Society (CNPS), read and submitted a letter for the record (on file in the Administrative Services Department). Pamela Marshall Heatherinaton, read and submitted a letter for the record on behalf of Cindy Cleveland (on file in the Administrative Services Department). Richard Nuttina, La Canada Doualas Tait, Asilo Hollv Zialer, Woodland Drive Karen Tait, Asilo Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council questions and discussion ensued regarding the effect of certification of the final SEJR on the proposed project, drainage, the 1991 EIR, appropriate enforcement of mitigation measures, appropriate setbacks for protecting biological resources, the next step in the development process, and required CEQA findings. During the course of discussion, staff was directed to verify whether Castle rock has the appropriate City approvals for the well on the property. In addition, staff was directed to verify whether Castle rock has the appropriate Fish and Game and/or City approvals for the drainage facilities on the property. Following further Council comments, Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE REVISED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT PREPARED FOR VESTING TENTATIVE TRACT MAP 01-001 AND PLANNED UNIT DEVELOPMENT 01-001 (PREVOUSL Y KNOWN AS TRACT 1998). Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Costello, Runels, Dickens, Ferrara NOES: None ABSENT: Lubin ----..-.->-----" . CITY COUNCIL MINUTES APRIL 13, 2004 PAGE 6 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS: None. 12. CITY COUNCIL MEMBER ITEMS: a) Request Staff to Prepare Staff Report and Alternatives for Televising Planning Commission Meetings. (DICKENS) Council Member Dickens requested, and the Council concurred, to direct staff to place on a future agenda an item regarding alternatives for televising Planning Commissions on the City's Government Access Channel. 13. CITY MANAGER ITEMS a) Consideration of Process for Selecting Community Representatives for the Police Services Enhancement Workshop. City Manager Adams proposed that the Police Chief designate the selection of Arroyo Grande citizen representatives from the Police Department Citizens' Advisory Committe, one from the business community and one from the residential community, to represent the City at the upcoming workshop. The Council concurred. 14. COUNCIL COMMUNICATIONS Council Member Runels requested the Council direct staff to place on a future agenda a discussion item regarding traffic parking problems at Orchard Street, W. Cherry, California, and Fair Oaks Avenues and parking problems for residents on Orchard Street in the evening due to adult school parking. Council Member Costello referred to earlier comments made by Mayor Pro Tern Lubin regarding traffic issues on Tally Ho Road, and directed staff to pursue further traffic studies to determine whether additional stop signs are needed. City Manager Adams confirmed that the issue would be directed to the Traffic Commission for review. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 11 :42 p.m. ,_..... --~~-_. CITY COUNCIL MINUTES APRIL 13, 2004 PAGE 7 ~~ Tony M. F ra, Mayor ATTEST: ! f --"--'--~"--"-- ,~