Minutes 2007-07-24MINUTES
REGULAR MEETING OF THE
CITY COUNCIL
TUESDAY, JULY 24, 2007
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:13 p.m.
2. ROLL CALL
City Council: Council Members Chuck Fellows, Jim Guthrie, Joe Costello, Mayor Pro Tem
Ed Arnold, and Mayor Tony Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Interim Chief of Police Steve Andrews, Director of
Public Works Don Spagnolo, Director of Community Development Rob
Strong, Associate Planner Kelly Heffernon, Associate Planner Teresa
McClish, and Director of Building and Fire Mike Hubert.
3. FLAG SALUTE
Leonard Mansell, representing Arroyo Grande Lions Club, led the Flag Salute.
4. INVOCATION
Pastor Robert Underwood, First United Methodist Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
There were no special presentations; however, Mayor Ferrara announced that the meeting would
be adjourned in memory of Bob Behme, former reporter for the Times Press Recorder and Coast
News, who had recently passed away.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Costello moved, Mayor Pro Tem Arnold seconded, and the motion passed
unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in
title only and all further reading be waived.
7. CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS
Norie.
8. CONSENT AGENDA
Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item
to do so at this time. No public comments were received.
Action: Council Member Guthrie moved to approve Consent Agenda Items 8.a. through 8.e., with
the recommended courses of action. Mayor Pro Tem Arnold seconded, and the motion passed on
the following roll call vote:
AYES: Guthrie, Arnold, Fellows, Costello, Ferrara
NOES: None
ABSENT: None
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Tuesday, July 24, 2007
Page 2
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period July 1, 2007 through July
15, 2007.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of June 30, 2007.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment Agency meeting
of June 26, 2007 as submitted.
8.d. Consideration of a Resolution Accepting Park Improvements and Associated
Property in Fee Title for Tract 2310-II, Parkside, Constructed by S&S Homes of the
Central Coast.
Action: 1) Adopted Resolution No. 4025 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PARK IMPROVEMENTS
AND ASSOCIATED PROPERTY IN FEE TITLE FOR TRACT 2310-I1, PARKSIDE,
OFFERED BY S&S HOMES OF THE CENTRAL COAST"; and 2) Adopt Resolution No.
4026 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE PERMANENTLY REJECTING OFFERS OF DEDICATION FOR TRACT 2310-11,
PARKSIDE, OFFERED BY S&S HOMES OF THE CENTRAL COAST".
8.e. Consideration of Disposal of Surplus Patrol Vehicle Equipment.
Action: Adopted Resolution No. 4027 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING SURPLUS PROPERTY TO
BE DONATED TO THE CALIFORNIA NATIONAL GUARD".
9. PUBLIC HEARINGS
Mayor Ferrara requested, and the Council concurred, to move Item 9.b. up on the Agenda for
consideration prior to Item 9.a.
9.b. Consideration of a Revised Proposal from PGBE for the Lease of 5-Acre City Property
at West Branch Street and Old Ranch Road for aTwo-Year Temporary Park and Ride
Lot During Winter 2008 and 2009.
Director of Community Development Strong presented the staff report and recommended the City
Council 1) Adopt a Resolution approving Temporary Use Permit Case No. 07-012, for the City to
develop, and PG&E to operate, a Park and Ride Lot for up to 250 cars including shuttle bus stop
and night lighting for two (2) five month periods, December 2007 through April 2008 and December
2008 through April 2009, subject to execution of a mutually agreeable lease agreement for use of
the subject property; and 2) Direct staff to prepare an agreement between the City and PG&E for a
portion of the 5-acre future recreation center property at West Branch Street and Old Ranch Road
for consideration by the Council.
Mayor Ferrara opened the public hearing.
Tom Swem, representing PG&E, acknowledged the Council's previous concerns and gave a brief
overview of the modified proposal.
Tom Jones, representing PG&E, referred to condition of approval #7 and noted that PG&E is a self-
insured utility company and requested a modification in the language to allow PG&E to show proof
of self-insurance. He spoke in support of the proposal with that modification.
Upon hearing no public comments, Mayor Ferrara closed the public hearing.
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Tuesday, July 24, 2007
Council comments ensued including support for the current proposal and that it is a good
compromise from the previous proposal; support for the reduction in parking spaces at the
proposed location; acknowledgment that PG&E has found two additional sites in Pismo Beach to
provide additional parking lots; support for the modification in condition #7 concerning insurance
requirements; clarification regarding the proposed material to be used for the parking area; the
benefits of the proposal to the future recreation center project; and the benefits of the proposal to
the community and to PG&E.
Action: Council Member Costello moved to adopt Resolution No. 4029 as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING
TEMPORARY USE PERMIT 07-012 FOR A TEMPORARY PARK AND RIDE LOT ON A
PORTION OF CITY PROPERTY; APPLICANT PACIFIC GAS AND ELECTRIC COMPANY'; with
the modification to condition #7 to include the words "or adequate proof of equivalent self-
insurance". Council Member Fellows seconded, and the motion passed on the following roll-call
vote:
AYES: Costello, Fellows, Guthrie, Arnold, Ferrara
NOES: None
ABSENT: None
9.a. .Consideration of Amended Conditional Use Permit Case No. 06-003 and Planned Sign
Program Case No. 06-003 to Construct New Commercial Buildings and Install
Signage; Applicant - Investec Real Estate Companies; Representative -Carol
Florence, Oasis Associates; Location - 925 Rancho Parkway, Pad "I" (Phase II of the
Five Cities Shopping Center), and the 1100 Block of West Branch Street (Phase I of
the Five Cities Shopping Center).
Associate Planner Heffernon presented the staff report and recommended the City Council adopt a
Resolution approving Amended Conditional Use Permit Case No. 06-003 and Planned Sign
Program Case No. 06-003 subject to the conditions of approval. Staff responded to questions from
Council concerning directional signs; when in the process the Storm Water Pollution Prevention
Plan would be reviewed (prior to issuance of the grading permit); and whether Public Works had
reviewed the potential for a right turn lane from W. Branch Street onto,Rancho Parkway. Assistant
City Engineer Linn explained that there is not enough space to restripe the existing road and further
explained the modifications that would have to be made at the corner, at a considerable cost, in
order to provide for a right turn lane.
Mayor Ferrara opened the public hearing.
Carol Florence, Principal Planner for Oasis Associates, representing the project applicant,
requested the Council adopt the Resolution amending the CUP and Sign Program 06-003, subject
to 82 conditions of approval and 53 mitigation measures, with a few minor revisions. She presented
the proposal for Pad I, including the Vicinity Map and site plans; proposed traffic improvements
(including one addition); Phase II signage; site plans for Phase I and Phase II; a site plan
comparison of the previous proposal (February 2007) versus the current proposal (July 2007); the
pedestrian enhancement plan and proposed access points; aerial photos and video with conceptual
buildings; and elevations for each building. She referred to the Applicant's Response to the City
Council staff report (on file in the Administrative Services Department), which requested revision,
comment, and/or clarification to Condition Nos. 7, 12, 13, 19, 23, 24, 48 and 54. She then
responded to questions from Council regarding ADA access to the site; lighting requirements; trip
generation data for office use versus retail use; and monument signs.
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Tuesday, July 24, 2007
Steve Orosz, Orosz Engineering (traffic consultant), reviewed average trip generation data for
office, general retail, and financial uses.
Jean Wade, resident, referred to the story pole located on the site, asked if that was the height of
the proposed building, and stated it appeared to be very high.
Thomas Klein, resident, expressed concern about the proposed pedestrian walkway as it relates to
potential lighting impacts and ADA accessibility.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Mayor Ferrara provided the following comments:
Acknowledged the City has benefited from the sales tax revenue; however, the City has also
been burdened by traffic and poor circulation in and around the Center;
- Gave a historical overview of development in the Five Cities Center;
- Generally okay with the proposal, with the exception of Building I-2 due to the location of the
loading dock; does not agree with the findings in the acoustic report; it is too close to the
residences; potential noise impacts to the neighborhood; and cannot make appropriate findings
for approval of Building I-2;
- Supports design of Building I-1 and Building I-3 with the proposed traffic mitigation;
- If Building I-2 is designated for office use, it would address size, scale, and intensity of use
issues as the loading dock could be removed and the architect could be creative by reducing
the building height and softening the look;
- If use of Building I-2 can be changed, he could make findings for approval;
- If use to remain all retail, would want to wait until Building J is occupied in order to determine
actual traffic impacts.
Council Member Costello provided the following comments:
- Expressed concerns regarding parking in Phase 2 and the current layout of the parking lot;
- Commented that as the Center is built out, parking becomes more problematic;
- Can support proposal for location of Building I-3 in Phase 1;
- Supports phased development and considering office use for Building I-2, which may alleviate
potential parking problems;
- Supports the roadway improvements which will improve access to both Phase 1 and Phase 2;
- Supports efforts to reduce light pollution;
- Does not see need for pedestrian access coming down from Via Vaquero;
- Cannot support findings for approval of Building I-2 as proposed.
Council Member Fellows provided the following comments:
- Likes new design layout;
- The trees leading up to Building I-2 are a good idea;
- Hoped for more dramatic traffic improvements;
- A phased approach to development is a good idea;
- Agreed that change in use for Building I-2 is a good idea;
- Traffic mitigation for the Camino Mercado entrance is a good idea; suggested a directional sign
at corner of Camino Mercado and Rancho Parkway in order to be effective;
The new medians on Rancho Parkway should contain landscaping to include trees;
- Lighted signs should be on timers;
- Redesign is good, except for some changes Building I-2;
- Suggested eliminating the globes from the monument signs;
- Does not support removing Public Works Condition #48 relating to filtering of storm water runoff;
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Tuesday, July 24, 2007
Page 5
- If changes are made to Building I-2 as suggested, there is an opportunity to install landscaped
bioswales if the loading dock is removed;
- Suggested better pedestrian safety in parking lot design in front of Building I-2.
Council Member Guthrie provided the following comments:
- Pedestrian access off of Via Vaquera would be useful; however, he acknowledged the
significant slope and difficulty of providing ADA access;
- Suggested a pedestrian access improvement by providing a crosswalk between the AG
Edwards building and the approved Chili's building;
- Supports suggestion for office use in Building I-2; however, he was optimistic that the traffic
improvements would work and that retail could go in Building I-2;
- Agreed that there are potential noise impacts with the truck loading dock as proposed;
Can support certain square footage limits for non-retail uses in Building J, I-1 and I-3;
- Would not support eliminating Condition #48 relating to filtering of storm water runoff;
- Supports proposal with change to office use in Building I-2; however, he would prefer retail use
in the long run; and could support revising Condition #7 as long as the square footage for non-
retail use is limited.
In response to Council comments, Ms. Florence said there is 28,500 square feet between Buildings
I-2 and I-3, and Building J is approximately 11,000 square feet. She said if a threshold level is set
for non-retail use, she requested the Council consider setting a 10,000 square feet limit.
Mayor Pro Tem Arnold provided the following comments:
- Would consider designating Building I-2 as office; can change use later when traffic studies are
analyzed;
- Would not support financial use in Building I-3; needs to remain as retail;
- Supports monument signs; however, the light globes are unattractive;
- Concerned about the lack of a right turn lane from W. Branch onto Rancho Parkway;
Supports leaving Condition #7 as proposed;
- Supports proposal if issue regarding use of Building I-2 can be addressed.
Further discussion ensued regarding the proposed alternatives; clarification on signage; and limiting
the square footage for non-retail uses in Buildings I-1 and J.
Action: Mayor Ferrara moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE
PERMIT CASE NO. 06-003 AND PLANNED SIGN PROGRAM CASE NO. 06-003, APPLIED FOR
BY INVESTEC REAL ESTATE COMPANIES, LOCATED AT 925 RANCHO PARKWAY AND THE
1100 BLOCK OF WEST BRANCH STREET (FIVE CITIES SHOPPING CENTER)'; with the
following conditions and stipulations as follows: 1) No change to Condition #48 concerning
drainage; 2) the three monument signs are acceptable, without globes, in a design that is similar to
the existing monument signs; 3) that non-taxable retail be limited to 8,000 square feet in Buildings J
and I-1, with financial institutions not to exceed 5,000 square feet; that Building I-2 be pre-
designated as office use, and that staff work with the applicant on Building I-2 to achieve a softer,
more horizontal design and to remove the loading dock; 4) that the design of Building I-2 go back to
the Architectural Review Committee for review and approval; 5) that Condition #12 applies only to
new tenants; 6) that Condition #13 should read "Phase II", not Phase I; 7) that the first sentence in
Condition #54 be revised to read as follows: `Perform construction activities during normal business
hours (Monday through Friday, 7A.M. to 5 P.M.) for inspection purposes.". Mayor Ferrara clarified
that the motion included the modification to Condition #7, identified as an alternative in the staff
report, to read as follows: "Subject to compliance with all conditions of approval and mitigation
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Tuesday, July 24, 2007
measures, all three (3) proposed new buildings 1-1, I-2 and 1-3 may be constructed and occupied.
Buildings I-1 and I-3 shall be used for retail commercial and Building 1-2 is restricted to office uss
only."Council Member Fellows seconded, and the motion passed on the following roll-call vote:
AYES: Ferrara, Fellows, Guthrie, Costello
NOES: Arnold
ABSENT: None
Mayor Ferrara called for a break at 9:45. The Council reconvened at 9:55
9.c. Consideration of Certification and Related Findings for the Final Environmental
Impact Report for the Newsom Springs Regional Drainage Plan.
Associate Planner McClish presented the staff report and recommended the City Council adopt a
Resolution to certify the Final Environmental Impact Report prepared for the Newsom Springs
Regional Drainage Plan as adequate and complete and make related findings pursuant to the
requirements of the California Environmental Quality Act.
David Foote, FIRMA, gave an overview of the proposed project, explaining the regional drainage
plan components; reviewed impacts to agricultural resources, flooding and sedimentation, biological
resources, and cultural resources; reviewed alternatives to the proposed project; reviewed the EIR
process and preparation of response to public comments, and recommended the Council certify the
Final EIR as complete in accordance with CEQA and adopt the mitigation monitoring program. Mr.
Foote noted that a tour of the Ikeda property had been conducted to look at a similar storm water
project, which was designed for a smaller storm event; and it compares favorably with the proposed
project. He also noted that the Final EIR includes 12 comment letters and related responses. Mr.
Foote responded to questions from Council concerning impacts on agricultural resources.
Mayor Ferrara clarified that the purpose of the Final EIR is to serve as an informational document
which examines the likely environmental impacts of the proposed project, and it identifies those
environmental impacts that could be potentially significant if the project is approved; it develops
mitigation measures to reduce significant impacts to the extent feasible; it identifies feasible
alternatives to the project; it provides a means for citizens to participate in the decision making
process; it is not the purpose of the EIR to recommend approval or denial of a project; and that
CEQA requires decision makers to make a decision with knowledge of the potential environmental
impacts of the project and to balance the benefits of the proposed project against its potential
environmental impacts. He stated this document would be used as a reference when a specific
project comes forward.
Mayor Ferrara opened the public hearing
Damien Mavis, one of the developers of the Cherry Creek project, spoke in support of certifying the
Final EIR and gave a status report of the Cherry Creek project.
Neil Havlik, representing Coastal San Luis Resource Conservation District, spoke in support of
certifying the Final EIR.
Ann Backmann expressed concern about the location of the detention basin and asked if the project
could go forward without the detention basin. Mr. Foote replied that it is not needed, but it provides
some benefits.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Minutes: City Council Meeting Page 7
Tuesday, July 24, 2007
Action: Council Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TAKING THE FOLLOWING
ACTIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WITH
RESPECT TO THE NEWSOM SPRINGS REGIONAL DRAINAGE PLAN PROJECT: 1)
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT; 2) ADOPTING
ENVIRONMENTAL FINDINGS; AND (3) ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM". Mayor Pro Tem Arnold seconded, and the motion passed on the
following roll-call vote:
AYES: Guthrie, Arnold, Costello, Fellows, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of Appointment of Voting Delegate and Alternate for the League of
California Cities Annual Conference
City Manager Adams presented the staff report and recommended the City Council appoint one
Council Member as the voting delegate and one Council Member as the alternate delegate for the
League of California Cities Annual Conference.
Mayor Ferrara moved to appoint Council Member Fellows as the voting delegate and appoint Mayor
Pro Tem Arnold as the alternate delegate for the League of California Cities Annual Conference.
Mayor Pro Tem Arnold seconded, and the motion passed on a unanimous voice vote.
12. CITY COUNCIL REPORTS
a. MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). SLOCOG meeting was cancelled. SLORTA met
and discussed changes to Route 10 to meet regional needs; operational issues for
the new maintenance and operations facility, which will be shared between the RTA
and Ride-On.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Discussion held
concerning debris entering the sewer system via manholes and installing locks on
certain manholes in areas identified as problematic.
(3) Other. None.
b. MAYOR PRO TEM ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). IWMA has implemented
a battery and fluorescent tube and light take-back policy, which has gone into effect
at retailers throughout the County.
(2) Economic Vitality Corporation (EVC). The Wine Study report has been published
(copy given to staff for distribution); working on proposals to conduct a tourism study,
which will include the South County.
(3) Other. None.
Minutes: City Council Meeting
Tuesday, July 24, 2007
c. COUNCIL MEMBER JOE COSTELLO:
Page 8
(1) Zone 3 Water Advisory Board. The Habitat Conservation Plan continues to move
slowly; however, Federal regulating agencies are moving closer to approving certain
formulas.
(2) Air Pollution Control District (APCD). Meets tomorrow; Pollution Prevention Week is
coming up on September 17-23; will discuss partial funding to replace apre-1987 diesel
school bus for LMUSD; and the budget is being finalized for the upcoming year.
(3) Fire Oversight Committee. Continues to meet regularly; cooperation between Grover
Beach, Arroyo Grande, and OCSD continues to move forward with agreements to share
resources.
(4) Fire Consolidation Oversight Committee. No report.
(5) Other. None.
d. COUNCIL MEMBER JIM GUTHRIE:
(1) South County Area Transit (SCAT). No report.
(2) California Joint Powers Insurance Authority (CJPIA). CJPIA held annual meeting
to elect new officers; the City's Human Resources Manager attended and reported
that the same officers were re-elected, the CJPIA is in good financial shape and the
City's rates will be going down slightly.
(3) Other. None.
e. COUNCIL MEMBER CHUCK FELLOWS:
(1) South County Youth Coalition. No report.
(2) County Water Resources Advisory Committee (WRAC). County Public Works
gave a presentation on the Integrated Regional Water Management Plan.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
a. Request to discuss establishing a policy of designating a summer month in the future for
cancellation of Council meetings. (ARNOLD)
Mayor Pro Tem Arnold requested, and the Council concurred, to request a future agenda item to
discuss the establishment of a policy to designate a summer month in the future for cancellation of
Council meetings.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Mayor Ferrara announced he would be attending the League of California Cities Executive Forum
where one of the keynote presentations would be given by Jim Bergman, Bob Lund, and an official
from America In Bloom to present the American In Bloom program.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
Minutes: City Council Meeting
Tuesday, July 24, 2007
18. ADJOURNMENT
Mayor Ferrara adjourn the meeting at 10:34 p.m. in memory of Bob Behme.
/.' %~~
Tony Ferrac~lll~l yor
ATTEST:
Kelly Wet ore, ity Clerk
Page 9
(Approved at CC Mtg Q'l/-ADO'] ~