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Minutes 2009-01-27MINUTES REGULAR MEETING OF THE CITY COUNCILIREDEVELOPMENT AGENCY TUESDAY, JANUARY 27, 2009 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:11 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Chuck Fellows, Jim Guthrie, Ed Arnold, Mayor Pro TemNice Chair Joe Costello, and Mayor/Chair 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, Director of .Building and Fire Hubert, Associate Planner Teresa McClish, and Associate Planner Jim Bergman. 3. FLAG SALUTE The Arroyo Grande Police Department Explorers 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. Mayor Pro. Tem Costello moved, Council Member 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 Camav Arad, Village business owner (Chameleon), referred to a letter she had previously submitted requesting that four existing tree pots in the Village be relocated. to the east end of the Village between Mason Street and the Chameleon store. She indicated she had met with staff and she had not received a #avorable response. In response to Ms. Arad's comments, Mayor Ferrara stated he would contact her directly and schedule a time to meet with her to discuss the matter further. 8. CONSENT AGENDA Mayor/Chair 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. Mayor/Chair Ferrara requested that Item 8.k. be pulled. Action: Mayor Pro TemNice Chair Costello moved, and Council/Board Member Amold seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion passed on the following roll-call vote: Minutes: City Council/Redevelopment Agency Meeting Page 2 Tuesday, January 27, 2009 AYES: Costello, Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period January 1, 2009 through January 15, 2009. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of December 31, 2008. 8.c. Consideration of Acceptance of the Comprehensive Annual Financial Report (CAFR). Action: Received and. filed the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2008. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of January 13, 2009, as submitted. 8.e. Consideration of a Resolution Adopting a Citywide Records Retention Schedule. Action: Adopted Resolution No. 41.53 as follows: A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A CITYWIDE RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS". 8.f. Consideration of Consultant Services Agreement with Sprinkler King, Inc. to Conduct Landscape Water Conservation Surveys. Action: 1) Approved an Agreement with Sprinkler King, Inc. in the amount of $40,500 to conduct landscape water conservation surveys; and 2) Authorized the Mayor to execute the Agreement. 8.g. Consideration of Temporary Use Permit Case No. 09-001 Authorizing the Use of City Property for the Arroyo Grande Village Improvement Association Valentine's Movie Night, February 14, 2009. Action: Adopt Resolution No. 4154 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A CITYWIDE RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS". 8.h. Consideration of Additional Sidewalk Improvements for the Traffic Way Streetscape Project, PW 2007-10. [CC/RDA] Action: 1) Approved the construction of additional sidewalk and driveway improvements, within the right-of-way on the north side of Fair Oaks Avenue, adjacent to the Mullahey Ford car dealership, as part of the Traffic Way Streetscape Project, PW 2007-10; 2) Authorized a transfer of $25,000 from the Redevelopment Agency Fund; and 3) Increased the authorization of the City Manager to approve change orders from 10% of the contract. amount to 23%, for unanticipated-costs during the construction phase of the project. 8.i. Consideration of Submittal of a Resolution of Support for the Expansion of the Halcyon Road Park and Ride Lot. Action: 1) Adopted Resolution No. 4155 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPPORTING THE EXPANSION OF THE HALCYON ROAD PARK AND RIDE LOT" and; 2) Directed the City Clerk to submit the Resolution to the San Luis Obispo Council of Governments. Minutes: City Council/RedevelopmentAgency Meeting Page 3 Tuesday, January 27, 2009 8.j. Consideration of Resolution Modifying the Salary Schedule for Management Employees and Employment Settlement Agreement (Strong). Action: 1) Approved the proposed Employment Settlement Agreement; and 2) Adopted Resolution No.4157 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE SALARY SCHEDULE FOR MANAGEMENT EMPLOYEES". ITEMS REMOVED FROM THE CONSENT AGENDA 8.k. Consideration of Council Appointments to Various Commissions, Boards, and Committees. Recommended Action: Approve the appointments to various City Commissions, Boards and Committees. -Mayor Ferrara noted the supplemental memorandum which was distributed to Council (on file in the Administrative Services Department) and noted there was an additional applicant for the Parks and Recreation Commission. The Council acknowledged the supplemental information presented. Action: Mayor Pro Tem Costello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Item 8.k.,.with the recommended course of action. The motion passed on the following roll-call vote: AYES: Costello, Amold, Guthrie, Fellows, Ferrara NOES: None ABSENT: None Mayor Ferrara requested that Item 11.a. be moved up on the Agenda prior to consideration of the public hearing items. The Council concurred unanimously. . 11. NEW BUSINESS ITEMS 11.a. .Consideration of 10-Year Plan to End Homelessness in San Luis Obispo County. City Manager presented the staff report and recommended the Council: 1) Receive the 10-Year Plan to End Homelessness, as prepared under the guidance of the Countywide San Luis Obispo County Leadership Council; 2) Endorse the Guiding Principles that underlie the Plan, as approved by the Leadership Council; 3) Utilize the 10-Year Plan and the Guiding Principles as a point of departure in our future efforts, both within cities and among the regional partners, to address and prevent homelessness in the County of San Luis Obispo; and 4) Designate a Council Member to serve as the City representative in the ongoing collaboration to address and prevent homelessness within the County. City Manager Adams then introduced Dana Lilley, County Planning Department, who gave a PowerPoint presentation entitled "Path to a Hame -San Luis Obispo Countywide 10-Year Plan to End Homelessness (on file in the Administrative Services Department). He reviewed homelessness statistics and resulting costs to affected communities; status of funding for homeless programs; impacts to existing facilities; new Federal and State regulations concerning homelessness; coordination efforts and strategies in creating a plan for SLO County; and a request for Council representation to serve on the Leadership Council. Minutes: City CounciURedevelopment Agency Meeting Page 4 Tuesday, January 27, 2009 Mayor Ferrara invited comments from-those in the audience who wished to be heard on the matter. Paul Brown, San Luis Obispo resident, spoke in support of the 10-Year Plan to End Homelessness and asked the Council to support the Plan. He noted having a Plan in place will help when applying for grant funding, and by coordinating efforts it would avoid duplication of efforts. . Dee Torres, EOC Director, spoke I support of the 10-Year Plan to End Homelessness and urged the Council to approve the guiding principles. She noted the Plan is comprehensive to better coordinate regional efforts. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council discussion ensued in support of the proposed efforts on the 10-Year Plan to End Homelessness; however, there was some concern expressed about funding issues. The Council acknowledged that homelessness statistics are increasing and that it would be essential to coordinate regional services and projects; that providing affordable housing continues to be a goal, however, it is difficult to achieve. Following discussion concerning representation on the Leadership Council, Council Member Guthrie volunteered to be the City's representative. Action: Mayor Pro Tem Costello moved to: 1) receive the 10-Year Plan to End Homelessness, as prepared under the guidance of the Countywide San Luis Obispo County Leadership Council; 2) endorse the Guiding Principles that underlie the Plan, as approved. by the Leadership Council; 3) utilize the 10-Year Plan and the Guiding Principles as a point of departure in our future efforts, both within cities and among the regional partners, to address and prevent homelessness in the County of San Luis Obispo; and 4) Designate Council Member Guthrie to serve as the City representative in the ongoing collaboration to address and prevent homelessness within the: County. Council Member Fellows seconded, and the motion passed on the following roll-call vote: AYES: Costello, Fellows, Arnold, Guthrie, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of a Resolution Granting Consent to the San Luis Obispo County Board of Supervisors to Create the San Luis Obispo County Tourism Business Improvement District within the Boundaries of the City of Arroyo Grande. Associate Planner Jim Bergman presented the staff report and recommended the Council adopt a Resolution granting the San Luis Obispo County Board of Supervisors the ability to create the San Luis Obispo County Tourism Business Improvement District (BID) within the bouhdaries of the City of Arroyo Grande, which would establish a two percent assessment fee on hotels and motels within the BID. Mayor Ferrara reported that the City of Morro Bay took action last night to not participate in the County BID because the hoteliers in Morro Bay rejected the idea and want to pursue a Business Improvement District on their own. He also stated he had spoken with the City of Atascadero and there was some concern about whether participating in the County BID would be worthwhile with only two cities participating. He noted that the City of Atascadero was also considering the issue tonight and it was likely to be rejected as well Minutes: City CounciURedevelopmentRgency Meeting Page 5 Tuesday, January 27, 2009 In response to a question by Council Member Guthrie regarding the timing to effectively protest, Associate Planner Bergman clarified that the hoteliers in the City of Arroyo Grande would have to protest the formation of a BID. within the City limits at tonight's hearing. Council Member Guthrie noted he had spoken with the owner of the Best Western Casa Grande Hotel who opposes the formation of a BID due to the additional cost to visitors and the resulting impacts to their hotel business and that there is only a small portion of the County that would be promoted without the other cities' involvement. In response to a question by Council Member Fellows, Associate Planner Bergman noted that the City's. Transient Occupancy Tax (TOT) rate would increase to 12% if the BID were approved. He also gave an overview of the TOT rates in the other San Luis Obispo County cities. In response to questions by Council Member Arnold, Associate Planner Bergman explained that the City could choose to withdraw from the BID at any time; however, the funds would continue to be collected until the end of the assessment year: He also commented that the Hampton Inn owners had been notified about the proposal; however, he had received no input to date. In response to a question by Mayor Pro Tem Costello, Associate Planner Bergman noted he had not received any direct input from any of the City's hotel operators since distribution of the staff report. Mayor Ferrara opened the public hearing. Mvraline Morris-Whitaker, representing the Visitors and Conference Bureau Board, commented that she was distressed about Morro. Bay's decision to not participate in the BID; noted that the VCB staff is in transition, and acknowledged concerns that have been expressed about the VCB administering the program. She gave an overview of the efforts that have taken place to form a County-wide BID and spoke in support of the proposal Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Members Guthrie and Arnold stated they could not support moving forward to participate in the County BID at this time; acknowledged that one of the largest hotels (Casa Grande) in Arroyo Grande was opposed to the County BID; expressed concern that many of the other cities in the County are not participating in the County BID, and that it was an unfortunate situation because the City's Tourism Study recommended collaborative efforts with other jurisdictions to promote tourism. Council Member Fellows stated he was inclined to support the proposal and that it was the wrong time to pull back on these efforts. He referred to a tourism promotion symposium he recently attended where the speaker said people are in a crisis of anticipation that things are going to get worse. He commented that he had not seen anything in writing from any of the hotels. He suggested if the item were to be continued perhaps more information could be provided; however, he could support the proposal tonight. He also referred to the General Plan which states that the City would become an active participant in the County-wide tourism program. Mayor Pro Tem Costello stated that the concept to pool funds to promote tourism within the County and cities. is good. He expressed concern about the cities that have withdrawn from the County BID proposal. He stated that puts the City in competition with the other cities. He stated he could not support the proposal and that while the. concept is sound, it should involve all cities on a County level. Minutes: City Council/Redevelopment Agency Meeting Page 6 Tuesday, January 27, 2009 Mayor Ferrara stated the City is faced with a decision that may be premature. He referred to the Tourism Study which identifies formation of a Tourism Committee that would have participation from the hoteliers, members of the Village Improvement Association, Chamber of Commerce, and businesses. He noted many efforts are currently underway which will increase the City's ability to promote tourism. He stated he was willing to try these initial strategies to see what transpires. He did not think the time was right to move forward on the proposed County BID; however, the City should continue to pursue regional cooperative efforts. Discussion ensued concerning the status of the local Tourism Committee, efforts in progress, alternative recommendations for moving forward, and continuing the item for future consideration. Action: Council Member Fellows moved to continue this item to a date uncertain in order to gather more information from the hoteliers, bed and breakfast owners, the other cities, the County, and the Tourism Committee. Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Fellows, Arnold, Guthrie, Costello, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 8:30 p.m. The Council reconvened at 8:40 p.m. 9.b. Continued Public .Hearing -Consideration of a Vesting Tentative Tract Map and Planned Unit Development Case No. 01-001 (Otherwise known as Tract 1998) to Subdivide a 26.9-Acre Property into Fifteen (15) Residential Lots and aTwenty-Two (22) Acre Permanently Preserved Open Space Parcel. Associate Planner McClish presented the staff report and recommended the Council consider Addendum No. 2 to the previously certified Revised Final Subsequent Environmental Impact Report and project plans for the revised 15-lot subdivision and planned unit development. The Planning Commission recommended that the Council adopt a Resolution approving Vesting Tentative Tract Map and Planned Unit Development Case No. 01-001 to.subdivide a 26.9-acre property into fifteen (15) residential lots and atwenty-two (22) acre permanently preserved open space parcel with the included CEQA and project findings, conditions of approval and mitigation monitoring and reporting requirements. Associate Planner McClish introduced John Rickenbach and Kevin Merk, Rincon Consultants, who were present to address CEQA issues related to the project. Mayor Ferrara invited the applicant's representative to address the Council. Dennis Law, representing Castlerock Development, displayed various maps and gave a brief overview of the project layout. He noted that the new 15-unit design avoids all of the impacts to the State and Federal defined wetlands, with one exception relating to the roadway, which encroaches into the buffer and does not result in any direct impacts to the Pismo clarkia. He provided a comparison of the current project with the previous 21-unit project which resulted in direct impacts to State defined wetlands and encroached into the buffer. Staff then responded to questions from the Council about the proposed project. 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/RedevelopmentAgency Meeting Page 7 Tuesday, January 27, 2009 Bob Brownson, Asilo, asked several questions of staff to clarify issues relating to Pismo clarkia impacts; the proposed maintenance district; and proposed setbacks. He then presented a letter which he read for the record (on file in the Administrative Services Department) that stated reasons he opposed the project, primarily related to filling the bioswale, and he suggested the Council postpone the matter in order to conduct additional open meetings with all relevant parties to develop a plan that would have far less environmental impact on wildlife, wetlands, views, and trees. Marv Ann Otter, Asilo, spoke in opposition to the project, specifically as it relates to filling in the bioswale and expressed concern about destruction of the wetlands and riparian habitat. Doua Tait, Asilo, spoke in opposition to the project and expressed concerns about long-term maintenance and enforcement issues, as well as the many unanswered questions concerning the emergency access road; impacts due to filling in the gully (bioswale}; impacts from the proposed water treatment facility and related infrastructure; impacts to Meadow Creek; the fire and vegetation management plan as it relates to required clearance distances; and oak tree mitigation. Neil Havlik, San Luis Obispo, stated he was familiar with the site and the project and commented on the unnecessary environmental impacts to the site; presented an altemative proposal which would reduce impacts to the wetlands; noted that some setbacks may have to be reduced in order to achieve the proposal; and recommended the current proposal be tabled pending evaluation of his proposed altemative. Pat Smith, Asilo, spoke in opposition to the proposed project and expressed concern about filling in the bioswale; the extensive costs and permitting processes; the developer's ability to market the lots; the costs to future lot owners to monitor the mitigation measures in this area; setback issues, the proposed density; and the numerous environmental impacts. Karen Tait, Asilo, spoke in opposition to the proposed project and expressed concern about the environmental impacts to the wetlands; the economic viability of the project; and whether the project is ecologically sound and socially responsible. Anna Unkovich, Asilo, spoke in opposition to the proposed project, especially with regard to tree impacts. Bob VanHazelen, Rosemary Court, referred to the proposed T-intersection that is part of the project. He expressed concern about the proposed placement of the entry road as it relates to light pollution into his home and recommended that the current entry road to the project from La Canada be realigned approximately 200 feet south to intersect with Rosemary Court, which would create a traffic engineering standard four-way intersection. Martin Melts, Los Ciervos, expressed concern with truck traffic during the construction phase as it relates to dirt and dust impacts, and asked that stipulations be included to require regular clean up of the streets by the developer. He also inquired about proposed truck routes during the construction phase. Upon hearing no public comments, Mayor Ferrara closed the public hearing. Council Member Fellows provided the following comments: - Referred to the map of the bioswale, also referred to as the unnamed tributary to Meadow Creek, and noted he had visited the site four or five times where he observed the wetlands, many trees, and very dense vegetation; - Stated he had previously opposed the idea of filling in the bioswale and proposed an alternative plan which was rejected by the applicant; - Referred to additional information indicating that filling in the bioswale is not a good idea and that he could not support the proposed project based on the following reasons: 1) there is no evidence that proves filling in the bioswale will prevent silt from entering the creek, based on information from excerpted quotes by Nanci Parker, former Planning Commission and now Minutes: City Council/Redevelopment Agency Meefing Page 8 Tuesday, January 27, 2009 affiliated with Coastal San Luis Resource Conservation District, and Brian Troutwine with the Urban Creeks Council, that the best way to clean water before it's discharged to a creek is by flowing through an earth bottom or vegetated drainage channel; 2) that the top 12 inches of soil in a drainage channel/wetland with its immense network of plant roots is where a majority of pollutants are removed; 3) the City's new Stormwater Management Plan mentions the need to achieve four water quality protection conditions which include maximizing infiltration of clean storm water while minimizing runoff volume and rate; and to protect riparian areas, wetlands, and buffer zones; 4) the act of importing fill material (19,000 cubic yards) and compacting it would likely irreparably damage the area surrounding the disappearing bioswale; 5) expert testimony regarding significant project impacts from jurisdictional agencies such as the Army Corps of Engineer, the Central Coast Regional Water Control Board, California Department of Fish and Game, the-San Luis Resource Conservation District, and Mr. Doug Tait, former Planning Commissioner and current Park Ranger, to protect wetlands, water quality and watersheds; and 6) the City's General Plan which include open space and conservation objectives and policies to safeguard important environmental and sensitive biological resources contributing to a healthy, functioning eco system; designates all streams and riparian corridors as conservation open space; preserves stream and riparian corridors in their natural state, and development shall avoid disturbance of significant wildlife corridor. - Believed the bioswale should remain so that it can continue to do its job of slowing stormwater runoff while filtering out sediment, breaking down and removing pollutants, and it can continue as a wildlife habitat and part of the wildlife corridor. - Cannot support the project as proposed; - Could support a reduced project, such as the one suggested by Neil Havlik with some lots located off the steepest slopes, out of the area of the bioswale, and away from the wetland even if it were to intrude into some areas of smaller oaks, into up to 10% of the Pismo clarkia area, and into some setbacks; could support a Statement of Overriding Considerations for a plan that has far less impact on wildlife, the pedestrian trail, views, and large oak trees; would also support reducing some of the Meadow Creek mitigations as well; - Envisioned an open meeting with all interested parties to hammer out a compromise in one day. Council Member Guthrie provided the following comments: - Acknowledged the Council was reviewing a proposed Tentative Tract Map for a section of a Master Plan that was approved more than 20 years ago; - Acknowledged the constraints on the property and the extensive environmental reviews and analyses that had been conducted; - Stated that there was atrade-off for preserving the Pismo clarkia and noted. the developer has been repeatedly directed to design a project which avoids the Pismo clarkia; - Acknowledged the 50-foot buffer that was put in place; - Believed that Pismo clarkia avoidance is the most significant issue; - Believed that the principal area of the wetlands has been- protected; - Acknowledged there would be some Oak tree removal; however, many Oak trees will be maintained; - Believed that the wildlife corridor is not significantly impacted; - Supports assigning long term maintenance responsibilities to the HOA; noted that the City will have the ability to directly enforce the CC&R's; - Maintenance of the open space parcel should be the responsibility of an independent, non-profit agency and not the HOA; - With regard to regulatory agency comments, they have the authority and ability to enforce regulations associated with this project; - Can support the project as proposed. Minutes: City Counci//Redevelopment Agency Meeting Page 9 Tuesday, January 27, 2009 Council Member Arnold provided the following comments: - Agreed with Council Member Guthrie on almost all his comments; - In response to a previous question about the Rosemary Court alignment, staff noted that there were environmental issues related to the suggested realignment and that due to the limited amount of traffic, a T-Intersection design is allowed since there are no sight distance issues; - Commented that the Council has directed the applicant to this point by establishing a 50 foot setback to create a buffer and to avoid the Pismo clarkia; - Had expressed earlier concern about whether the City would eventually incur costs associated with the project, specifically regarding creek issues and Pismo clarkia; - Believed one of the best assets of the project is the pedestrian walking path which will be a valued public benefit; - Believed the project results in the least amount of impacts; - Noted that only 2% of the Oak trees would be impacted; commented on transplant success/failure rates; (staff noted the revised mitigation measure concerning the Oak trees and it now includes the option of the native grown seedlings at a greater ratio); - Comfortable with combination of graded versus natural lots; okay with drainage between lots; - Would like to see condition added regarding road condition monitoring and cleaning; - Noted that a well will be dedicated to the City which will be a valuable resource; - Noted the enhancement to creek and restoration efforts; - Did not have preference between HOA and Maintenance District for long term maintenance. Mayor Pro Tem Costello provided the following comments: - Agreed that provisions need to be included for street cleaning during construction, as well as cleaning of construction vehicles prior to leaving the site; - Should have 100 foot clearance down slope for fire protection for all properties; - Should include mitigation for truck trips and any potential road damage to James Way; - Said if project was coming forward today based on the existing General Plan, it would probably not be approved; however, this project is based on the 1990 General Plan; - Acknowledged that the number of units have been substantially reduced; - Noted the only Class I impact in the certified EIR was to the Pismo clarkia and the developer was instructed to come back with a plan to avoid the Pismo clarkia; - Stated this project avoids the Pismo clarkia .and minimizes the incursion into the existing wetland; - Acknowledged the mitigation measures for restoration of the creek, which will result in an improvement; - Stated there will be some impacts to the gully; however, the gully is not defined as a creek and it is not a Class I impact; the applicant is also going to have to comply with Army Corps of Engineers and Department of Fish & Game conditions; - Said this is the best alternative that will protect against the Class I impact to the Pismo clarkia; it protects as much of the existing wetlands possible; and puts most of the development into an area where it will not be too visually intrusive; - Stated the emergency access road is sufficient and the Fire Chief has approved it; - Prefers HOA to be responsible for long term maintenance with provisions to support enforcement so costs are born by the homeowners; - Supports the project as proposed with some additional conditions to address street cleaning and monitoring, truck trips, and fire clearance on slopes. Mayor Ferrara provided the following comments: - Stated the proposed emergency access road is unacceptable as proposed as it relates to composition and width; he said it should be wider, it should be asphalt, and it should be a Minutes: City Council/Redevelopment Agency Meeting Page 10 Tuesday, January 27, 2009 dedicated fire emergency route with agreements in place; he expressed concern about evacuation experiences where the width of the road was insufficient, and this emergency route should be 24 foot paved asphalt; - Preferred that all lots are finished (drainage, compaction, retaining walls, Oak tree. driplines, setbacks) and ready to be built on; does not support moving forward with unfinished lots; - With regard to the gully, he stated it is a feeder to Meadow Creek and filling it in with dirt does not make sense, whether or not it is considered a Class I impact or not; - Disagreed that the HOA should be responsible for long term maintenance; he believed it would be tremendously costly to the homeowners; - Stated there was no information that dictates the fiscal impacts of maintenance of the public areas created by this project; expressed concem about the roadway, the bridge over Meadow Creek and the impacts to Meadow Creek, and what the City's long term maintenance responsibility would be in that area; Referred to Regional Water Quality Control Board as it relates to storm water issues and noted that they will be vigilant about long term maintenance on this project and ttie City could expect to be firied 'rf there are any violations; as a result, he stated he was uncomfortable with the long term maintenance issues associated with this project; - Stated that since the City approved the Rancho Grande Master Plan long ago, it was a simple, blanket approval and this particular situation has become exceedingly more complex; even though this project is under the previous General Plan, the City is confronted with environmerital law that has constrained this area and he could not set this aside; - Requested. that if the Council moves forward, he hoped that the motion would include some of the additional items that have been mentioned tonight. - - Could not support the project as proposed. Associate Planner McClish provided clarification and noted that conditions can be drafted to address potential impacts to the road; that there are provisions in place in the Mitigation Monitoring Plan referring to cleaning of.City streets and mitigating for short term construction impacts, including the requirement to submit a stormwater pollution prevention plan; that a condition can be added to address the truck traffic; and that Condition #29 and Mitigation Measure PS-2 requires 100 foot fire clearance from residences and are subject to a fuel mod cation plan. City Attorney Carmel suggested the addition of Condition #116 to read as follows: "Prior to the issuance of grading permits, the applicant .shall provide a haul route for any fill materials to be imported to the site showing all roads traveled within the City. A road condition survey will be performed by the applicant and approved by the Public Works Director before and after hauling operations to assess deterioration of the. roadway. Any road damage or deterioration beyond normal traffic wear and tear, as determined by the Public Works Director, shall be repaired by the applicant at its sole expense (including wear to existing striping). Additionally, prior to issuance of a building permit, the applicant shall clean the street by mechanical sweeper at the end of each day during the hauling operation to the satisfaction of the Public Works Director". Based on Council comments, Associate Planner McClish referred to the FireNegetation Management Plan in Mitigation Measure PS-2(s) and suggested the Plan be modified to require 100 feet of clearance on all sides of the development, or as approved by the Director of Building and Fire, instead of 30 feet. Council Member Arnold suggested a modification to Condition 12.a. to require construction of a paved twenty-four foot emergency access road instead of an all-weather road. Minutes: City Council/Redevelopment Agency Meeting Page 11 Tuesday, January 27, 2009 The Council concurred with the suggested modifications. Action: Council Member Amold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO CONSIDER AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, ADOPT A MITIGAT/ON MONITORING PROGRAM, INSTRUCT THE D/RECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVE VESTING TENTATIVE TRACT MAP CASE NO. 01-001 AND PLANNED UNIT DEVELOPMENT CASE NO. 01-001 LOCATED AT JAMES WAY AND LA CANADA' to include Condition of Approval #116 to read as follows: "Prior to issuance of grading permits, the applicant shall provide a haul route for any fill material to be imported to the site showing all roads traveled within the City. A road condition survey will be performed by the applicant and approved by the Public Works Director before and after hauling operations to address deterioration of the roadway. Any road damage or deterioration beyond normal traffic war and tear, as determined by the Public Works Director, shall be repaired by the applicant at its sole expense. (including wear to existing striping). Additionally, prior to issuance of a building permit, the applicant shall clean the street by mechanical sweeper at the end of each day during the hauling operation to the satisfaction of the Public Works Director."; to modify Condition of Approval #12.a. to change the twenty-four (24') foot emergency access road from "all-weather" to "paved"; to modify Condition of Approval #29 and Mitigation Measure PS-2(a) to require 100 foot clearance on all sides of the development or as directed by the Director of Building and Fire; and to modify Condition of Approval #23 to include a provision that a five (5) year maintenance reserve shall be required to be held at all times, and that alternative conditions 23a and 23b be deleted. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Arnold, Guthrie, Costello NOES: Fellows, Ferrara ABSENT: None Mayor Ferrara ca/led for a break at 11:30 p.m. The Council reconvened at 11:38 p.m. 9.c. Continued Public Hearing -Consideration of an Ordinance to Amend the Design Guidelines and Standards for Historic Districts to Restrict Design Features for "Spanish Eclectic" Styles Applicable to Residential Development in the Village D-2.4 Historic Character Overlay District. Associate Planner McClish presented the staff report and recommended the Council introduce an Ordinance to amend the Design Guidelines and Standards for Historic Districts restricting design features for "Spanish Eclectic" styles applicable to residential development in the Village D-2.4 Historic Character Overlay district. Council Member Fellows suggested that the sample photos be realigned in Exhibit A of the Ordinance and more white space added between the photos for clarity purposes. In response to a question by Mayor Pro Tem Costello, Associate Planner McClish provided clarification regarding the application fee which covers staff costs for processing a Conditional Use Permit (CUP) application. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Minufes: City Council/Redevelopment Agency Meeting Page 12 Tuesday, January 27, 2009 Council Member Arnold opposed the amount of the CUP application fee and believed the public hearing requirement is a punitive process for this specific architectural style. He believed that it was a matter of educating staff, the public and the Architectural Review Committee (ARC) as to acceptable Spanish Eclectic architectural styles and that there were other ways to go about requiring compliance with those particular development standards. He stated he could not support the Ordinance as proposed. Council Member Guthrie stated if the City was requiring a CUP, he understood the City must charge the fee. He wondered why this architectural style has been troublesome in the past. Council Member Fellows stated he believed the staff and the ARC have done a good job and the proposed Ordinance is a good solution which has been reviewed by the ARC and the Planning Commission (PC). He acknowledged the need to recoup staff expenses as it relates to processing a CUP application and supported the Ordinance as proposed. Mayor Pro Tem Costello supported the proposed Ordinance and stated this proposal was better than prohibiting this architectural style. He supported the fee to cover the cost of processing a CUP: Mayor Ferrara wondered if this needed to be as complex or costly and suggested putting these requirements in place temporarily. He noted that the time for a joint meeting of the Council with all the advisory bodies is overdue. He stated this should be a simpler process and reference material should be made available to applicants. Action: Council Member Fellows moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT CODE AMENDMENT DCA-08-0038 TO AMEND THE DESIGN GUIDELINES AND STANDARDS FOR HISTORIC DISTRICTS RESTRICTING DESIGN FEATURES FOR "SPAN/SH ECLECTIC" STYLES APPLICABLE TO RESIDENTIAL DEVELOPMENT IN THE HISTORIC CHARACTER DESIGN OVERLAY DISTRICT D-2.4". Mayor Pro Tem Costello seconded, and the motion passed on the following roll call vote: AYES: Fellows, Costello, Guthrie, Ferrara NOES: Arnold ABSENT: None Mayor Ferrara noted that Council policy requires a unanimou midnight. -Mayor Pro Tem Costello moved to continue the seconded, and the motion passed unanimously by voice vote. 10. CONTINUED BUSINESS ITEMS None. s vote to continue the meeting past meeting, Council Member Guthrie 12. CITY COUNCIL REPORTS Due to the late hour, Mayor Pro Tem Costello moved to continue City Council Reports to the next Regular City Council Meeting on February 10, 2009. Council Member Guthrie seconded, and the motion carried unanimously by voice vote. 13. CITY COUNCIL MEMBER ITEMS: None. Minutes: City Council/Redevelopment Agency Meeting Tuesday, January 27, 2009 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: None. 16. STAFF COMMUNICATIONS: None. 17: COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 12:15 a.m. Tony Fe ~ ayor/Chair ATTEST: Kelly We ore ity Clerk/Agency Secretary (Approved at CC Mtg 3'lO-~OO°I ) Page 13