Minutes 2006-08-22
MINUTES
REGULAR MEETING OF THE CITY COUNCIL MEETING
TUESDAY, AUGUST 22,2006
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 Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tem
Jim Guthrie, and Mayor Tony Ferrara were present.
City Staff Present:
City Manager Steve Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Director of Community Development Rob
Strong, Assistant Planner Ryan Foster, Director of Public Works/City
Engineer Don Spagnolo, and Contract Engineer Craig Campbell.
3. FLAG SALUTE
George Majoue, representing Knights of Columbus, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only
Council Member Dickens moved, Council Member Arnold seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read in title only and all further
reading be waived.
7. CmZENS' INPUT, COMMENTS, AND SUGGESTIONS
Judith Haddox, Arroyo Grande, asked that the proposed rezoning of the Arroyo Grande High
School property be reviewed to consider all the issues and to include a specific plan. She noted
her family owns the property to the south and to the east that adjoins the proposed property. She
expressed concern about the conversion of agriculture land to residential, noted that there were
dams located on the property that have existed since 1940 and also expressed concern about
impacts to wildlife habitat due to proposed development on the site.
Ella Honeycutt, Arroyo Grande, invited the Council and the public to attend a tour on August 29,
2006 from 4:00 to 6:00 p.m. behind Arroyo Grande High School, which would include portions of
the watershed and wildlife habitat on the Haddox property. She noted the tour would be
sponsored by Judy Haddox and the Coastal San Luis Resource Conservation District.
8. CONSENT AGENDA
Mayor Ferrara invited any member of the public who wished to comment on any Consent
Agenda item to do so at this time. There were no public comments received.
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 2
Council Member Arnold moved, and Council Member Dickens seconded the motion to approve
Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. The motion
carried on the following roll-call vote:
AYES:
Council Members Arnold, Dickens, Costello, Mayor Pro Tem Guthrie, and
Mayor Ferrara
None
None
NOES:
ABSENT:
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period August 1, 2006 through
August 15, 2006. .
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of July 31, 2006.
8.c. Consideration of a Resolution Authorizing the Fire Station Expansion General
Obligation Bond Property Tax Levy Rate.
Action: Adopted Resolution No. 3944 authorizing the FY 2006c07 property tax levy
approved by voters on November 5, 2002.
8.d. Consideration of Proposed Policy Regarding Requests for Service and Complaints
and Informal Administrative Review Process.
Action: Approved the proposed policy and procedure regarding requests for service and
complaints. including the establishment of an informal administrative review process.
8.e. Approval for Payment of Emergency Expenditures.
Action: Approved payment to Brumit Diesel, Inc., in the amount of $13.365.54 for
emergency repairs and appropriate $13,000 to the Department of Building and Fire
Vehicle Maintenance Account.
8.1. Consideration of a Resolution Accepting Public Improvements, Easements, and
Rights of Way for Tract 2505, Jasmine Place, Located at Courtland Street and Ash
Street, Constructed by S&S Homes.
Action: Adopted Resolution No. 3945 accepting the public improvements, easements,
and rights of way for Tract 2505, Jasmine Place, located at Courtland Street and Ash
Street, constructed by S&S Homes.
8.g. Consideration of Authorization to Purchase a 3/.-Ton Utility Truck for the Public
Works Department.
Action: Authorized staff to purchase a o/.-ton utility truck and the Extra Care Extended
Warranty for the Public Works Department from Mullahey Ford in the amount of
$24,655.45.
8.h. Consideration of a Resolution Adopting the FY 2006-07 Public Works Fees and
Service Charges.
Action: Adopted Resolution No. 3946 approving the FY 2006-07 Public Works Fees and
Service Charges.
8.i. Consideration of Acceptance of the East Grand Avenue/Halcyon Road Traffic
Signal Upgrade Project, PW 2005-01
Action: 1) Accepted the project improvements, as constructed by Lee Wilson Electric
Company, Inc., in accordance with the plans and specifications for the East Grand
Avenue/Halcyon Road Traffic Signal Upgrade Project; 2) Directed staff to file a Notice of
Completion; and 3) Authorized release of the retention of $19,883.90 thirty-five (35) days
after the Notice of Completion has been recorded if no liens have been filed.
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 3
9. PUBLIC HEARINGS
9.a. Consideration of Appeal of Planning Commission's Denial of Conditional Use
Permit 06-002; 270 North Halcyon Road (Continued from June 13,2006).
Community Development Director Strong presented the staff report (PowerPoint presentation on
file) and stated the Planning Commission recommended the Council adopt a Resolution denying
the appeal and upholding the Planning Commission's denial of Conditional Use Permit 06-002 to
redevelop a veterinary clinic at 270 N. Halcyon Road. Director Strong explained that subsequent
to the Planning Commission's denial of the project, staff had developed two additional design
alternatives. He responded to a question from Council Member Arnold regarding the proposed
street trees and how they might be affected when Halcyon Road is widened in the future.
Mayor Ferrara provided additional information regarding an optional building design which would
allow comparable square footage, satisfactory parking, enable the VCA to remain open during
construction, and permit all but two trees to remain on the site. He then gave a PowerPoint
presentation (on file in the Administrative Services Department) showing photos of trees on the
site.
Staff responded to questions from Council regarding the potential for diagonal parking on Rena
Street (which would require the same amount of space); what the total percentage of
landscaping is proposed (25% of site in Alternatives; 15% in applicant's proposal due to onsite
parking); timeframe for widening of Halcyon Road (5-10 years - which would likely be
coordinated with Brisco/101 Interchange project); what the lane width of Rena Street is in the
proposed alternative (lanes in both directions are 12 ft. wide); and whether the parking
agreement with the neighboring church for use during construction had been secured (the
Methodist Church will allow parking during construction - letter is on file as well as letter from
property owner for church on east side of Halcyon).
Mayor Ferrara opened the public hearing, inviting the applicant or representative to address the
Council first.
Jerry Kay, attorney representing the applicant, commented on the City's community tree program
to preserve trees and beautify the community. He stated it also addresses tree removal for public
safety, to prevent property damage, for public or private improvement. He noted that the
Ordinance addresses the criteria that should be considered with respect to tree removal. He
demonstrated how the criterion applies to the applicant's proposal by noting the condition of the
trees, which two arborists have determined are in distress and are not likely to survive more than
five years; the parking lot is buckling and construction on the site will likely cause vibration that
would increase the demise of the distressed trees; liability issues (trees are presenting a
dangerous condition); the necessity to allow construction and development (Municipal Code
Section 12.16.090); commented that eleven trees will be removed and will be replaced with
eighteen trees; noted that a parking agreement with the church is in place during construction
and on an ongoing basis. Mr. Kay stated that there needed to be a focus on balance between
the public and private interests and the occasions that the tree Ordinance addresses permitting
for tree removal. He referred to the letters of support from the community attesting to the desire
for an animal hospital that would serve over 1,000 patients on a regular basis. He acknowledged
the alternatives, noting that it was reviewed very seriously; however, two of the alternatives do
not work because a pier foundation cannot be used and there is no ability to design an efficient
veterinary building on an irregularly shaped lot. He noted that the Ordinance addresses
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 4
consistency with the surrounding area and he believes the project provides that consistency. He
concluded by stating that to deny the reasonable Conditional Use Permit goes too far in the
attempt to preserve trees that are already in distress. He referred to two people in the community .
that have supported preservation of the eleven trees and acknowledged they had a right to
express their opinion. He referred again to the huge community support that is in favor of the
hospital that has been planned. He stated the alternatives will not work and he urged the Council
to balance tree removal with what is in the public interest and private property rights.
Mayor Ferrara responded to Mr. Kay's comments regarding staff's work to balance the issues 'of
tree removal with the proposed development project and a brief dialogue ensued thereafter.
Dr. Steven Paulick, Medical Director, South County Animal Hospital, requested the Council
overturn the Planning Commission's denial of their project. He gave a brief background and the
history of the Animal Hospital and the need to update the facility in order to operate within
current standards. He noted that the proposed plan is the best possible plan for their expansion
and urged the Council to look at the project as a whole and what the institution brings to the
community.
Wes Conner, consulting arborist, noted that the southeast corner of the property has an existing
eucalyptus tree that would have to be removed if the alternative proposal was accepted. He
stated that if the building were built 24 feet from the property line, it would still impact the trees
and foundation.
Discussion ensued regarding the existing root system/structure and what methods would be
necessary to determine the extent of the root system within the proposed building area.
Joseph Echevarry, project designer, clarified issues regarding the project relating to the removal
of trees on the site.
Tony Samra, project structural engineer, responded to questions from Council regarding the
building's proposed foundation, which does not require a conventional footing.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter.
The followina persons spoke in favor of the proiect as proposed:
Hugh Pope, Bennett Avenue, Arroyo Grande
Carol Henson
Rebecca Souza
Jeannie Nix
Elaine Anthony, representing Central Coast Animal Society (submitted article to Council entitled
"The Pet Connection", on file in the Administrative Services Department.)
Karin Groteluschen, Asilo Street, Arroyo Grande
Teresa Andrews Hurliman, Gaynfair Terrace
Fran Hendrickson, Arroyo Grande Mesa
Jillian Wilson, VCA staff member
Leann Palm, VCA Regional Manager, also read support letter from Julie Oleson
Alan O'Hearn
Christine Klopfer, Pearwood Avenue, Arroyo Grande
Amy Hyde, Arroyo Grande resident
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 5
Byron Thinger, Pismo Beach resident
Sharon Appleton, Pacific Pointe Way, Arroyo Grande
Gary McFarland, Acorn Drive, Arroyo Grande
Terry Tosdale, read the names of approximately 45 Arroyo Grande residents and VCA clients in
support of the project.
Joanne Rice, 31-year employee of VCA, read the names of approximately 58. VCA clients in
support of the project.
Heather Jensen, May Street, Arroyo Grande
Karen Wagaman
Ken Levine
Judith Bean, PresidenUCEO, Arroyo Grande Chamber of Commerce
Rich Hegler, Stagecoach Road, Arroyo Grande
Steve Souza, Arroyo Grande resident
Sean Sure, N. Rena Street, Arroyo Grande
Steve Ross, Garden Street, Arroyo Grande
Dan Pike, Strawberry Avenue, Arroyo Grande
Tammy Sanchez
John Nelson, Canyon Way
Jack White
The followinq persons spoke in support of the alternative proposal(s) presented bv staff:
Gary Scherquist, co-chair of Tree Guild of Arroyo Grande and ARC member
Kristen Barneich, co-chair of Tree Guild of Arroyo Grande and ARC member
There were no further public comments received, and Mayor Ferrara closed the public hearing.
Council Member Costello provided the following comments:
- Thanked all public speakers for their comments;
First desire was to find a way to allow the hospital to expand and second was to save the
trees;
Acknowledged alternative proposal to move the base of the building pad over 24' from the
property line, which could result in alterations to Rena Street that are not funded;
Acknowledged trees were damaged when trenching occurred on neighboring parcel for
Police Department parking lot;
Does not think trees can be saved with the project as proposed;
Referred to Community Tree Ordinance which includes provisions for when it is acceptable to
remove trees, and has determined it is a reasonable assumption in this case that the trees
can be removed;
Can support upholding the appeal and make the required findings to approve the Conditional
Use Permit.
Council Member Arnold provided the following comments:
- Clarified that no trees were removed for the neighboring Police Department project;
Clarified that there was no proposal to close Rena Street;
Asked how much open space remains on site in both the applicant's proposal and the
alternative proposals after Halcyon is widened in the future;
Does not think balance in meeting objectives has been achieved;
Project does not provide sufficient green space;
Acknowledged alternative project design which keeps building design as is which has more
open space, and saves some of the trees, while new trees are planted;
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 6
- Believed that the applicant's arborist conclusion was not factual;
- Can move forward with the project in a modified form with sufficient parking, open space, and
building footprint.
Council Member Dickens provided the following comments:
- Stated it was unfortunate that the focus is on one issue concerning the trees, as there are
other significant issues that need to be addressed;
Expressed concern with size and intensity of the development on this site;
Expressed concern with the proximity of the building entrance to Halcyon (8 feet);
Supported widening of Halcyon in the future and noted the regional significance of this
improvement;
Felt that adjustments could be made to the project; stated he is a big supporter of Dr.
Paulick's efforts; however, he acknowledged he could not make decisions based on emotion;
Noted that the arborist report states that the eucalyptus trees are in general good health;
Acknowledged that the trees in question are on the City's approved street tree list;
Noted that an area was identified that would not be recommended for a building envelope;
Expressed public safety concerns regarding reciprocal parking agreement with Methodist
Church where clients and animals would be crossing Halcyon Road to get to the clinic; he
stated an agreement with the church on the same side of Halcyon should be obtained;
Need to take into consideration future widening of Halcyon in design of project;
Encouraged applicant to work with staff on alternative plan to address all issues and to come
up with a compromise.
Mayor Pro Tem Guthrie provided the following comments:
- Supported the original project; however, supported the continuation last June to examine
issues regarding future widening of Halcyon;
Need to look at project from an orderly planning standpoint;
Noted that Oak trees and landmark trees have a special status; however, acknowledged that
removal of other trees should be taken into consideration on a case by case basis;
Credited the Tree Guild for their work; however, he did not agree with their position on this
project;
Acknowledged 2 to 1 tree replacement in the proposal;
Acknowledged that the existing trees are on the City's tree list; however, not sure they should
be;
Spoke about opportunities for projects in the City's commercial core;
Supports some parking alteration on Rena Street;
Noted that the Municipal Code encourages buildings close to the street in commercial areas;
although he acknowledged the concerns expressed about public safety;
Supports upholding the appeal.
Upon a request by Mayor Ferrara. Mr. Echevarria responded to Council comments concerning
alternative scenario #3 as it relates to removal of trees and/or moving the building 24 feet from
the trees; potential impacts to Rena Street; and clarification regarding the placement of the
building in relation to Halcyon Road.
Mayor Ferrara provided the following comments:
- Acknowledged the hours of work and commitment of staff and Council trying to achieve a
balance with the proposed project;
- Acknowledged this was a complex issue;
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 7
- Referred to and acknowledged City's Economic Element that states expansion and retention
of businesses is important and is demonstrated along E. Grand Avenue;
- Noted that the arborist reports provided are inconsistent;
- Noted that the footprint of the building in the alternative design sits 24 feet from the property
line; however, it is not known how far the roots are extended and what the impact of
excavation and construction of the building would be on the trees;
- Not willing to make a decision on the unknown; wants to know whether or not there would be
substantial impact to the root system;
- Wants to deny the appeal without prejudice, if the applicant is unwilling to trench to determine
the status of the root system;
- Requested again that the area be trenched to see how substantial the root system is; if there
is not a substantial root system impact, he believed staff's alternative proposal could move
forward. If there are major roots and there is a substantial impact on the root system, he
could agree to bring the proposal back to consider removal of the trees in order for the
project to move forward.
Additional discussion was held regarding the continuance of this item.
Action: Mayor Ferrara moved to continue the item to the regular City Council meeting of
September 26, 2006. Council Member Costello seconded, and the motion passed on the
following roll-call vote:
AYES:
NOES:
ABSENT:
Ferrara, Costello, Arnold, Guthrie
Dickens
None
Upon consensus of the City Council, Mayor Ferrara called for a brief recess at 10:20 p.m. Mayor
Ferrara reconvened the meeting at 10:30 p.m. with all Council Members present.
9.b. Consideration of General Plan Amendment Case No. 06-001 and Development
Code Amendment Case No. 06-001, Including Improvement and Extension of
Castillo Del Mar Drive from Orchard Street to Valley Road.
Community Development Director Strong presented 'the staff report and stated the Planning
Commission recommended that the City Council: 1) adopt a Resolution adopting a Mitigated
Negative Declaration and approving General Plan Amendment Case No. 06-001, reclassifying
11.1 acres from Community Facilities to Single Family Residential Low Density and reclassifying
1.2 acres from Agriculture to Community Facilities, including the extension of Castillo del Mar
Drive from Orchard Street to Valley Road and 2) introduce an Ordinance amending the Zoning
Map to designate the subject properties as Residential Hillside (RH) and Public Facility (PF),
Development Code Amendment 06-004, Initiated by the City of Arroyo Grande for property
located on and adjacent to the Arroyo Grande High School campus. If the Resolution and
Ordinance are adopted and introduced, respectively, a Resolution for approval of Tentative
Parcel Map 06-004 will be brought forward when the Ordinance is considered for adoption at the
September 12, 2006 meeting. Director Strong responded to questions from Council.
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter.
Minutes: City Council Meeting
Tuesday, August 22, 2006
. Page 8
Ella Honeycutt, Oak Hill Road, distributed photographs to Council illustrating the Haddox Pond in
1997 and in 2006. She described the dams that exist on the property and requested that the
dams not be destroyed when the proposed roadwork on Castillo Del Mar is done. She
expressed concern about potential development on the green area, and spoke of the need for a
comprehensive specific plan for the area.
Neil Halik, Director, Coastal San Luis Resource Conservation District, elaborated on Ms.
Honeycutt's comments and noted that he had toured the property with Ms. Haddox. He invited
the Council to tour the property on August 29th. He said he though this was a road alignment
issue and expressed concern about the proposed General Plan Amendment and rezoning of the
school property. He spoke about the need to balance conservation and development and
expressed concern that rezoning would result in a significant impact on vegetation. He requested
that the Council consider that any proposed development on the School District and Haddox
property require a specific plan.
Chuck Fellows, Canyon Way, stated he had also toured the property. He referred to an old map,
which showed three reservoirs on the property. He also expressed concern about drainage and
environmental impacts due to potential development on the site.
No further public comments were received and Mayor Ferrara closed the public hearing.
Discussion ensued regarding the proposed mitigated negative declaration for the land use
reclassification versus the requirement for an environmental study for any potential development
on the property in the future.
Council Member Arnold provided the following comments:
- Supported the proposal and stated the mitigated negative declaration was appropriate;
- Acknowledged that environmental review would be required for any proposed development in
the future.
Council Member Costello provided the following comments:
- Supported the proposal with the understanding that by taking this action, the City is not
compromising the ability to take a more thorough look at any environmental impacts that
could result from a specific development proposal.
Council Member Dickens provided the following comments:
- Expressed concern with lack of thorough environmental review as it relates to loss of prime
agricultural soils; referred to interpretation of General Plan requirements for environmental
review;
As a public agency, must set the bar high for requiring environmental review;
Believes this proposal needs more environmental review; may need to look at overriding
considerations based on the public need for the road extension;
Agriculture mitigation fees could be used elsewhere; does not think the School District would
utilize the small piece of land for row crops;
Cannot support the mitigated negative declaration based on loss of prime soils and the
inconsistency with the City's General Plan;
Information presented must be reviewed further;
Stated that, by looking at pictures, the proposal should move forward with a rezone of the
11.1 acres as Hillside Residential with an Open Space/Conservation Overlay.
Recommended bringing back after further environmental review.
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 9
Mayor Pro Tem Guthrie provided the following comments:
- Acknowledged concerns about need for environmental review related to the agriculture
conversion;
Decision needs to be policy driven, not project driven;
There is an opportunity to conduct the environmental review now;
There is a need to establish a threshold and what specific environmental review relates to
conversion of prime agriculture soils;
Concurred with Council Member Dickens regarding the need for further review.
Mayor Ferrara provided the following comments:
- Acknowledged that the upper pond on the Haddox property needs attention;
Agreed that overall environmental impacts need to be examined;
Referred to the small acreage of agriculture land and potential uses for that piece of land by
the School District; .
Acknowledged that the City had worked hard to obtain the road extension to improve
circulation segments;
Does not want to delay this proposal; noted that there were checks and balances in place as
the process moves forward;
Supports the proposal.
Action: Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT CASE NO.
06-001, RECLASSIFYING 11.1 ACRES FROM COMMUNITY FACILITIES TO SINGLE FAMILY
RESIDENTiAL LOW DENSITY AND RECLASSIFYING 1.2 ACRES FROM AGRICULTURE TO
COMMUNITY FACILITIES, INCLUDNG THE EXTENSION OF CASTILL DEL MAR DRIVE
FROM ORCHARD STREET TO VALLEY ROAD". Council Member Costello seconded, and the
motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Costello, Ferrara
Dickens, Guthrie
None
Action: Council Member Arnold moved to introduce an Ordinance as follows, "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING
MAP TO DESIGNATE THE SUBJECT PROPERTIES AS RESIDENTIAL HILLSIDE (RH) AND
PUBLIC FACILITY (PF), DEVELOPMENT CODE AMENDMENT 06-004, INTIATED BY THE
CITY OF ARROYO GRANDE FOR PROPERTY LOCATED ON AND ADJACENT TO THE
ARROYO GRANDE HIGH SCHOOL CAMPUS". Council Member Costello seconded, and the
motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Costello, Ferrara
Dickens, Guthrie
None
g.c. Consideration of Alignment Alternatives for Newsom Springs Drainage
Improvements.
Council Member Dickens declared a conflict of interest due to his financial interest in the Dixson
Ranch and stepped down from the dais.
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 10
Director of Public Works Spagnolo introduced Craig Campbell, Consulting Engineer from The
Wallace Group. Director Spagnolo stated that at the August 8th meeting, the Council requested
that staff research and provide a separate presentation to select a preferred alignment for the
Newsom Springs Drainage Improvement project. He gave an overview of the total watershed
area, the amount of 1 DO-year peak runoff, and the existing drainage facilities, which consists of
an earth ditch, an 8' x 4' box culvert, and a 3' x 4' stone culvert.
Consulting Engineer Campbell gave a PowerPoint presentation (on file in the Administrative
Services Department) which provided details on the three alignment alternatives (A, B, & C), and
the issues associated with each alternative.
Mayor Ferrara opened the publiC hearing and invited comments from those in the audience who
wished to be heard on the matter.
Greg Martin, Newsom Springs Road, asked whether any drainage improvements are being
proposed on the south side of Branch Mill Road onto the property that leads back into the
upstream portion of Newsom Creek.
Neil Havlik, Director, Coastal San Luis Resource Conservation District, spoke of the agricultural
conservation easement located on the Dixson Ranch. He emphasized the need for alleviation of
flooding coming out of Newsom Springs onto the Dixson Ranch; extending flood protection to
surrounding agricultural properties; noted that the District would continue to work with the City
and other agencies to seek grant funds to find a permanent solution to flooding in this area. In
response to a question by Mayor Ferrara, Mr. Havlik stated that the District works closely with
Zone 1/1A and noted there is a need to work with the County to expand or create a new zone
that might apply a benefit assessment to those areas that are upstream from the City.
Colleen Martin, Olive Street, referred to the letter submitted to the Council by Megan Bochum
(on file in the Administrative Services Department) regarding siltation and the effects of upstream
development and Newsom Springs on Zone 1/1A property owners. She asked questions
regarding the configuration of the alignment. She referred to Alternative A-4 and brought to the
Council's attention that it is likely that the required facilities would be larger than as shown on the
Cherry Creek proposed tentative map, which indicates the proposed bioswale by the Cherry
Creek applicant is not large enough to address the drainage; referred to Alignment A and
expressed concerns that it does not provide flood protection for agricultural lands upstream of
East Cherry Avenue; and also noted this alignment diverts low flow runoff from the stone culvert
to Arroyo Grande Creek and questions have been raised that this may be a wetland issue. She
expressed the need to require an EIR. She concluded by speaking of bioswales and stated she
would email information she had received and commented that she did not think a bioswale is a
solution for the Newsom Springs runoff.
At 12:00 midnight, Mayor Ferrara noted that Council policy requires a unanimous vote to
continue the meeting past midnight. Upon unanimous voice vote, the Council agreed to continue
the meeting.
Polly Tullis, Garden Street, read a portion of her letter into the record (on file in the'
Administrative Services Department) which requested the Council consider other options
besides Alternative A and to require a full environmental review of all the options.
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 11
Jim Dickens, Branch Mill Road, distributed a DVD that represents the flood event of March 1995
and encouraged the Council to view the DVD to get a glimpse of the flows that have historically
impacted the area.
No further public comments were received and Mayor Ferrara closed the public hearing.
Council Member Arnold suggested continuing the item in order to review the DVD and allow
more time to review the alternatives. Mayor Pro Tern Guthrie and Council Member Costello
agreed. Mayor Ferrara agreed with the continuance and requested that staff provide better
graphical overlays of the alternative alignments at the next meeting.
Action: Mayor Pro Tern Guthrie moved to continue the item to a Special City Council Meeting on
August 29,2006. Council Member Arnold seconded, and the motion passed on the following roll-
call vote:
AYES:
NOES:
ABSENT:
Guthrie, Arnold, Costello, Ferrara
None
Dickens
9.d. Consideration of an Interim Urgency Ordinance Extending the Suspension of
Acceptance and Processing of New Applications for Development of any Portion of
Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow
" Creek or Creek Tributaries within the City of Arroyo Grande.
City Attorney Carmel presented the staff report and recommended the Council adopt an Interim
Urgency Ordinance to extend the suspension of acceptance and processing of new applications
for development of any portion of property immediately adjacent to Arroyo Grande Creek, Tally
Ho Creek, Meadow Creek or creek tributaries within the City of Arroyo Grande for a period of
one year.
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter. No public comments were received, and Mayor Ferrara
closed the public hearing.
Council Member Arnold moved to adopt an Interim Urgency Ordinance as follows, "AN INTERIM
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO
EXTEND THE SUSPENSION OF ACCEPTANCE AND PROCESSING OF NEW
APPLICATIONS FOR DEVELOPMENT OF ANY PORTION OF PROPERTY IMMEDIATELY
ADJACENT TO ARROYO GRANDE CREEK, TALLY HO CREEK, MEADOW CREEK OR
CREEK TRIBUTARIES WITHIN THE CITY OF ARROYO GRANDE". Council Member Costello
seconded, and the motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Costello, Dickens, Guthrie, Ferrara
None
None
10. CONTINUED BUSINESS
"None.
Minutes: City Council Meeting
Tuesday, August 22, 2006
Page 12
11. NEW BUSINESS
None.
12. CITY COUNCIL REPORTS
Upon consensus of the Council, it was agreed to dispense with City Council Reports due to the
late hour. .
13. CITY COUNCIL MEMBER ITEMS
None.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Council Member Dickens requested a status report be provided on the establishment of the
Historical Resources Committee.
16. STAFF COMMUNICATIONS
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 12:20 a.m.
TO"~
ATTEST:
(Approved at CC Mtg '1- 2.v, '2~)