Minutes 2007-08-14MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 14, 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 7:02 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, Interim Chief of Police
Steve Andrews, Director of Building and Fire Mike Hubert, Director of
Financial Services Angela Kraetsch, Director of Public Works Don
Spagnolo, Director of Parks, Recreation and Facilities Doug Perrin, and
Acting Community Development Director Teresa McClish.
3. FLAG SALUTE
Loni Kuentzel, representing the Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
4. INVOCATION
Dr. Paul E. Jones, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Fellows moved, Council Member Costello 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.
Steve Ross, Garden Street, thanked staff and the City Council for the most enjoyable Arroyo
Grande Car Cruise Night ever. He further thanked the City's Police Officers in making it a safe
event and the merchants along E. Grand Avenue for supporting the event.
Maddy Quaglino, representing United Methodist Children's Center, invited the Council to
participate in building a playground for their school for which they have received grant funds.
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 Costello moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.g, with the recommended courses of action. The
motion passed on the following roll-call vote:
Minutes: City Council Meeting
Tuesday, August 14, 2007
AYES: Costello, Guthrie, Fellows, Arnold, Ferrara
NOES: None
ABSENT: None
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8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period July 16, 2007 through July
31, 2007.
8.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council Meetings of July 3, 2007 and
July 10, 2007 as submitted.
8.c. Consideration of Temporary Use Permit Case No. 07-013; Authorizing Closure of
City Streets and Use of City Property for the 70`h Annual Arroyo Grande Valley
Harvest Festival Applicant: Pat Fairbanks/Arroyo Grande Harvest Festival; Location
- Olohan Alley.
Action: Adopted Resolution No. 4031 "A RESOLUTION OF THE CITY COUNCIL OF
THE C1TY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 07-013
AUTHORIZING CLOSURE OF CITV STREETS AND USE OF CITY PROPERTY FOR
THE 70TH ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, SEPTEMBER
27-30, 2007."
8.d. Consideration to Purchase Two Weinman Water Booster Pumps from BC Pump
Sales & Service, Inc., for the Rancho Grande Booster Station.
Action: Authorized the purchase of two Weinman water booster pumps in the amount of
$12,684.01 from BC Pump Sales & Service, Inc. for the Rancho Grande Booster Station.
8.e. Consideration to Award a Contract to Waterboys Plumbing for the City's Plumbing
Retrofit Program.
Action: 1) Awarded a contract to Waterboys Plumbing, Inc. in the amount of $155,525.00;
and 2) Authorized the Mayor to execute the contract.
8.f. Consideration of Approval of Land Lease Agreement with Clearwire US, LLC.
Action: Approved and authorized the Mayor to execute a Land Lease Agreement
between the City and Clearwire US, LLC, for use of approximately one hundred (100)
square feet of property located at 1221 Ash Street, Arroyo Grande, California (the "Soto
Sports Complex") as well as space for an antennae on an existing light pole.
8.g. Consideration of Appointments to Architectural Review Committee and Historic
Resources Committee.
Action: Approved the recommendation of Mayor Pro Tem Ed Arnold to appoint Fred Baur
to the Architectural Review Committee, replacing Gary Scherquist; and to appoint Gary
Scherquist to the Historic Resources Committee, replacing Gordon Bennett, effective
October 1, 2007.
9. PUBLIC HEARINGS
9.a. Consideration of Resolution Designating a Portion of Elm Street Park as an Off-
Leash Pet Area, Approval of a Memorandum of Understanding with the Five Cities
Dog Park Association and Authorization for the City Manager to Approve Minor
Changes to the MOU.
Minutes: City Council Meefing Page 3
Tuesday, August 74, 2007
Director of Parks, Recreation and Facilities Perrin presented the staff report and recommended
Council 1) Adopt a Resolution Designating a Portion of Elm Street Park as an Off Leash Pet Area;
and 2) Approve a Memorandum of Understanding ("MOU") with the Five Cities Dog Park
Association ("FCDPA"); and 3) Authorize the City Manager to approve minor changes to the MOU
determined beneficial to the design and operation of the Dog Park.
Cvnthia Ecklund, President of the Five Cities Dog Park Association, gave a presentation that
included the Association's Mission Statement; its purpose to develop an off-leash recreational
opportunity for people and their canine companions; and reviewed the Association's proposal to
develop and maintain an off-leash dog park at the southern portion of Elm Street Park.
Staff and Ms. Ecklund responded to questions from Council concerning the City's liability as it
relates to public use of the dog park; provisions within the Agreement concerning improvements
and maintenance of the site to be provided by the Association; on-street parking; issues related to
providing separate areas for small and large dogs; whether or not dog training classes could be
provided at this location; and the Association's plans to fence the site and provide biodegradable
waste bags, waste receptacles, and waste removal.
Mayor Ferrara opened the public hearing.
Dorothy Jones, a resident of the adjacent apartment complex, spoke in opposition to the proposal.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments included support for the proposal; clarification that the Memorandum of
Understanding contains the City's required indemnification provisions; that maintenance and
sanitation issues will be adequately addressed by the Association; that fencing and established
hours of operation will address neighborhood concerns; and that the dog park will be a valuable
asset to the community.
Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DESIGNATING A PORTION OF
ELM STREET PARKAS AN OFF LEASH PET AREA". Council Member Fellows seconded, and
the motion passed on the following roll call vote:
AYES: Costello, Fellows, Guthrie, Arnold, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to approve a Memorandum of Understanding ("MOU")
with the Five Cities Dog Park Association. Council Member Fellows seconded, and the motion
passed on the following roll call vote:
AYES: Costello, Fellows, Guthrie, Arnold, Ferrara
NOES: None
ABSENT: None
Minutes: City Council Meeting
Tuesday, August 14, 2007
Page 4
Action: Mayor Pro Tem Arnold moved to authorize the City Manager to approve minor changes
to the MOU determined beneficial to the design and operation of the Dog Park. Council Member
Costello seconded, and the motion passed on the following roll call vote:
AYES: Arnold, Costello, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: None
9.b. Consideration of an Appeal of Planning Commission's Approval of Plot Plan Review
Case No. 06-009; Applicant -Tony Janowicz; Location - 795 East Cherry Avenue.
Associate Planner Heffernon presented the staff report and recommended the Council adopt a
Resolution upholding the Planning Commission's approval of Plot Plan Review Case No. 06-009.
She also distributed a letter to the Council which was just received from the applicant's attorney,
Glen R. Lewis (on file in the Administrative Services Department). Staff then responded to
questions from Council concerning setback requirements; reasons for designating Lierly Lane as
a rural residential street; constraints on the property; and clarification regarding existing structures
on the property.
Mayor Ferrara opened the public hearing.
Mark Vasquez, representing the applicant, Tony Janowicz, agreed with most of the conditions set
forth in the staff report; acknowledged the constraints on the property; referred to condition #47
and noted the applicant cannot grant a 6 ff. public utility easement on the easterly side of Lierly
Lane because he does not own that portion of the road, and requested the condition be reworded
to require a 6 ft. public utility easement on the westerly side of Lierly Lane only; requested that
mitigation measure 12.1 be modified to be consistent with condition #47; and explained that the
proposal is to retain the existing residential use on the site with a new structure in a location to
benefit the City, the property owner, and the neighborhood. He then gave an overview of the
proposed project and its benefits to the City, the neighborhood as it relates to the Neighborhood
Plan, the farmers, and the applicant. He requested the Council consider and approve the project
as proposed.
Tony Janowicz, project applicant, spoke in support of the project as proposed.
Nora Loonev, Lierly Lane, spoke in support of approving the project as proposed, noting that the
existing residence is a tear-down; the size of the proposed house should not be reduced; and the
project would improve the area as well as improve access to Subarea 2.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Member Guthrie provided the following comments:
- He sought an appeal of the Planning Commission's decision due to three important policy
issues that Council should consider; 1) impact of the proposed project on the Neighborhood
Plan, 2) the agricultural buffer, and 3) the significant change of an existing structure inside the
buffer;
- Expressed concern that an increase in intensity of use impacts the purpose and effectiveness
of the buffer;
Minutes: City Council Meeting
Tuesday, August 14, 2007
Page 5
Would have preferred creation of the agricultural buffer prior to any consideration of specific
projects;
- Supports active and ongoing maintenance of the landscape buffer;
- Concerned about replacement of a home within the buffer and its increase in size;
- Would like to see a reduction in the size of the house;
Would like to see the use of two-stories in order to increase square footage and adding useful
outside space.
Council Member Costello provided the following comments:
- Prefers that there are no residential structures within the agricultural buffer zone; however, he
acknowledged that residential use is appropriate in a residential zone;
- Acknowledged that the existing residence is anon-conforming structure due to its location
within an agricultural buffer, and could support an appropriate structure on the property that
sits back as far as possible from the street and the agricultural operations;
- Can reluctantly support this residential project.
Council Member Fellows provided the following comments:
- Expressed concern for the public health and safety associated with the buffer and protecting
the farmer's right to farm;
- Referred to the agricultural buffer policy and stated he could not support approval of the
proposed project;
- Expressed concern that proposed residence is 130% larger than the existing residence;
- Cannot support a new, larger home that is within the buffer area;
- Suggested that the City, the owners of the adjacent farmland, and the applicants would benefit
from looking into alternatives to the proposal such as a density transfer, or at least not
intensifying the use of the parcel to such a great extent;
- Would support continuing the item to a date uncertain to determine if a density transfer would
be possible.
Mayor Pro Tem Arnold provided the following comments:
- Reflected on past discussion when he was on the Planning Commission concerning the
agricultural buffer and its potential impact on existing residences that were located within the
buffer zone as it relates to future expansion;
- Noted that there is no other reasonable use for the property than residential;
- Believed that this was a reasonable application and a reasonable size home; did not believe a
two-story home would be more beneficial and would be more of an impact to the neighboring
residence;
- Stated the project meets the minimum setback of ten feet;
- Stated the project would improve the neighborhood; the applicant is willing to provide and
maintain the agricultural buffer;
- Said it was unfair to require the applicant to build a new 800 square foot home;
- Does not see this as having any negative impact on the agricultural buffer issue in regard to
future subdivisions;
Can support the project as proposed with the exception of the one condition relating to the six-
foot public utility easement on the westerly side.
Minutes: City Council Meeting Page 6
Tuesday, August 14, 2007
Mayor Ferrara provided the following comments:
- Noted that the decision is precedent setting;
- Need to evaluate what the overall goal is as it relates to the agricultural buffer policy;
- Wants to limit development and activity in the buffer area;
- Spoke about correlation between economic viability and anon-conforming structure;
Noted that the agricultural buffer policy was in place prior to transfer of ownership of the
property to the applicant; therefore, he expressed concerns with the proposed development as
it relates to location and size;
- Noted that widening of E. Cherry would occur prior to any improvements in Subarea 2;
- Stated that a smaller structure and more landscaping will provide a better balance;
- Supports taking tentative action to deny the project without prejudice in order to go back and
take another look at the site, the size of the structure, the additional parking requirement, and
being more mindful of the agricultural impacts by moving the structure further away from the
buffer zone.
Action: Council Member Fellows moved to take tentative action to deny Plot Plan Review Case
No. 06-009 and direct staff to develop a modified resolution and findings, and provide direction on
appropriate and reasonable home replacement size and location that would not add to agricultural
impacts. Mayor Ferrara seconded, and the motion passed on the following roll call vote:
AYES: Fellows, Ferrara, Costello, Guthrie
NOES: Arnold
ABSENT: None
Further discussion ensued regarding direction to staff that accessory buildings should not be
considered in determining size of the replacement structure.
10. CONTINUED BUSINESS ITEM
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of Establishing a Policy Designating a Summer Month in the Future
for Cancellation of Council Meetings.
City Manager Adams presented the staff report and recommended Council consider the concept
of establishing a practice and/or policy designating a summer month in the future for cancellation
of Council meetings and provide direction to staff.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter, and upon hearing no public comments, he closed the public comment period.
Discussion ensued relating to the pros and cons of canceling a month of meetings during the
summer. Following discussion, it was suggested that one Council meeting be canceled in July
2008 and to determine, following that date, whether to continue the practice.
Minutes: City Council Meeting Page 7
Tuesday, August 14, 2007
Action: Mayor Pro Tem Arnold moved to cancel the first meeting in July 2008 (July 8, 2008).
Council Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Arnold, Guthrie, Fellows, Costello, Ferrara
NOES: None
ABSENT: None
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Mayor Pro Tem Arnold reported that the EVC was working on a tourism economic study and
distributed a packet of information listing community assets and requested that staff distribute the
packet to the Village Improvement Association, the South County Historical Society, and any
others who may want to add to the list.
Council Member Fellows requested that the Council consider placing the agricultural buffer policy
on a future agenda for discussion. Some concern was expressed about unwrapping the entire
policy; however, the Council agreed to a discussion item on a future agenda and directed staff
accordingly.
Mayor Ferrara commented on a recent program at the League of California Cities Executive
Forum where Jim Bergman and Bob Lund gave a presentation on the America In Bloom program.
He said that positive feedback was received from participant evaluation sheets and commended
all the people involved in the local Arroyo Grande in Bloom program. He said the committee could
use more volunteers on Saturday mornings and invited those who are interested to show up at
8:00 a.m. at the park and ride lot located on EI Camino Real.
15. STAFF COMMUNICATIONS
None
16. COMMUNITY COMMENTS AND SUGGESTIONS
Steve Ross, Garden Street, commented that the City's agricultural buffer policy, as adopted by
Ordinance, is 100 feet not 130 feet. He stated the 130-foot buffer was specific to the Cherry
Creek subdivision and potentially Subarea 2. He further commented on the proposed Janowicz
project as it relates to the existing structures on the site and defined living space.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:25 p.m.
Minutes: City Council Meeting
Tuesday, August 14, 2007
Tony Fer a, ayor
ATTEST:
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Kelly W tmo ,City Clerk
(Approved at CC Mtg 9'Z S-Zoo7 ~
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