Minutes 2004-07-27
MINUTES
REGULAR MEETJNG OF THE CITY COUNCIL
TUESDAY, JULY 27, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:05 p.m.
2. ROLL CALL
City Council: Council Members Runels, Costello, Mayor Pro Tem Lubin, and Mayor
Ferrara were present. Council Member Dickens was absent.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services Wetmore, Director of Parks, Recreation and Facilities
Hernandez, Acting Community Development Director Heffemon,
Associate Planner McClish, and Assistant Planner Ryan Foster.
3. FLAG SALUTE
Homer Clees, representing Knights of Columbus, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read In TItle Only
Council Member Costello moved, Council Member Runels seconded, and the motion passed
unanimously that all resolutions and ordinances presented at the meeting shall be read in title
only and all further reading be waived.
7. CITIZENS'INPVT. CO"MEHTS. ANQ S~9ES"UON8
Connie Dunbar, Arroyo Grande, spoke about Measure Q, a measure on the November 2, 2004
ballot prohibiting the growing of genetically engineered organisms in San Luis Obispo County.
She handed out materials regarding the measure to be distributed to the Council and urged the
Council to consider formally supporting Measure Q.
8. CON'iNT AGENDA
Council Member Runels moved, and Council Member Costello seconded the motion to approve
Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. The motion
carried on the following roll-call vote:
AYES: Runels, Costello, Lubin, Ferrara
NOES: None
ABSENT: Dickens
8.a. Cash Disbursement RatIfIcation.
Action: Ratified the listing of cash disbursements for the period July 1. 2004 - July 15,
2004.
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8.b. Consideration of Cash Flow Analysis/Approval of Int.rfund Advance from the
Water Facility Fund.
Action: Received and fiJed the June 2004 cash report and approve the interfund advance
from the Water Facility Fund to cover cash deficits in other funds as of June 30,2004.
8.c. Consideration. of Approval of Minutes.
Action: Approved the minutes of the Special City CounciJ Meeting of June 22, 2004, and
the Special City Council and Regular City CounciVRedevelopment Agency Meetings of
July 12, 2004, as submitted.
8.d. Consideration of Approval of Final Tract Map 2471; Alan Little Custom Homes;
Berry Gardens Sub Area 3.
Action: 1) Approved Final Tract Map 2471, subdividing 1.68 acres into nine (9)
residential lots; and 2) The approval of the map is subject to its inclusion in any drainage
maintenance district which may be formed.
8... Consideration to Approve a Request to Assign Street Sweeping ServIces to SP
Maintenance Services, Inc.
Action: Adopted ResoJution No. 3767 approving a request to assign the month-to-month
agreement with Daystar Industries for street sweeping to SP Maintenance "rvices, Inc.
8.1. Consideration of Stonecrest Drainage and Ace... Driveway G......lIodIIIcatIon.
ActIon: Approved the Planning Commission's recommendation for drainage and access
driveway grading improvement pJan amendments to Tract No. 2326, Stonecrest;
proposed by Howard Mankins and S&S Homes.
9. PUBUC HEARINGS
9.a. Consideration of Conditional Use Permit 04-002; 959 Valley Road; St. John's
Lutheran Church.
Assistant Planner Foster presented the staff report and recommended the CounciJ adopt a
Resolution, as amended, approving Conditional Use Permit04-Q02, adoptintl a Mitigated
Negative Declaration, and instructing the Director of Administrative Services to Fife a Notice of
Determination. Assistant Planner Foster advised the Council that the applicant his requested a
waiver of Condition #54 regarding underground utilities; and has requested to defer connections
to City water and sewer utilities for a period of two (2) years in order to secure all .of the
necessary permits/easements from the various agencies involved. He recommended that
Condition #81 be deleted because it was duplicative of Condition #87 (relating to a required letter
of credit for certain required project improvements). Assistant Planner Foster then responded to
questions from Council regarding the request for deferred sewer and water connectiOns; issues
reJated to the abandonment of the well and a suggestion that unused water be transferred to the
City.
Mayor Ferrara opened the public hearing.
Frank Drake, member of St. John's Lutheran Church, stated that he was available to answer
questions about the project. He referred to correspondence included in the staff report from
WRD Engineering regarding an estimate to provide improvement plans for City water and sewer
line extensions to the site. He assured the Council that they would be actively pursuing the
permits from the required agencies in order to expedite the connection process.
! Upon hearing no further comments, Mayor Ferrara closed the public hearing.
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Council Member Costello expressed concern about the delays in the sewer and water
connections; however, he stated he understood that adequate measures were in place for the
connections and supported the project as proposed.
Council Member Runels stated . that .he supported the deletion of Condition.#54 regarding the
undergroundlng of utilities. He referred to the existing on-site well and stated he would like to see
measures in place that would transfer any avaiJable water to the City. He also suggested the
applicant pursue potentiaJ use of an existing sleeve on a bridge crossing the creek. He supported
the project as proposed.
Mayor Pro Tem Lubin agreed that any availabJe well water should be transferred to the City, and
he agreed with the deletion of Condition #54 regarding underground utilities.
Mayor Ferrara also agreed that it was important to address the transfer of water rights.
CounciJ Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROVO GRANDE APPROVING COHDmONAL USE
PERMIT 04-002, LOCAT~D AT 959 VALLEY ROAD, APPLIED FOR BV aT. JOHN'S
LUTHERAN CHURCH", as amended to delete Condition #54, delete Condition #181, and to add
language to Condition #49 regarding the transfer of water rights. City Attorney Cannel read the
additional language to Condition #49 as follows: "The City shall also be entitled to use and/or
obtain credit for the difference between historical agriculturaJ water use on the property and
domestirJirrigation water use on the property." Mayor Pro Tem Lubin seconded the motion, and
on the following roll-call vote:
AVES: Costello, Lubin, Runels, Fe"ara
NOES: None
ABSENT: Dickens
There being 4 AYES, 0 NOES, and 1 ABSENt, the motion is hereby declared to be passed.
9.b. Consideration of General Plan Amendment 04-002; Change In Land Use
Designation from ConservatlonlOpen Space and Single Family Res..... Low
Density Planned Development to Conservation/Open Space .net..... Famly Very
Low Density Planned Development for an Approximate 53-Acre Property Located
on the South Side of Noyes Road at .the Northwest Edge of the City UmIts In the
Rancho Grande Planned Development (1.2), City of Arroyo G..... (CastIerock
Development).
Mayor Ferrara stated that it has been the practice of the CounciJ in the past '* the entire
CounciJ be present to consider. GeneraJ Plan Amendments. He stated that although a
continuance was being recommended on this Item, the pUblic hearing would be opened and
comments accepted into the record.
Mayor Pro T em Lubin announced a potential conflict of Interest due to the fact that this item is
tied closeJy to another project in which he has a direct conflict of interest due to ownership of real
property near the project. He stepped down from the dais.
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I Associate PJanner McClish presented the staff report and stated that the Planning Commission
I recommended that the Council adopt a Resolution to amend the Land Use Element (Land Use
Map) of the General Plan to change the land use designation for the subject properties to
! Conservation/Open Space and Single Family Very Low Density Planned Devefopment. She also
clarified that the Council could continue the item to another date.
I
I Mayor Ferrara opened the public hearing.
Hollv Covinaton, Arroyo Grande, stated she Jived across the street from the proposed
development and she had not seen a plot plan of what Is being proposed. She expressed
concerns about oak tree preservation and sewer, traffic, and water Impacts as a result of the
development. She requested more information about what Is being proposed.
Dean Burdo, rural Arroyo Grande, stated he lived just outside of the City lirnitsadjacent to the
subject properties, and he expressed concerns regarding traffic impacts; quality of life as it
relates to land use and retaining the larger parcel sizes; and concern for proteclng the anlmaJs
and wildlife habitat on the properties.
Dennis Law. Andre, Morris, and Buttery, spoke on behalf of Castlerock Development, and
inquired whether the item would be oontinued. He also wanted to verify if there would be an
opportunity for public comment at the continued hearing.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
CounciJ Member Costello moved to continue Item 9.b. to August 24, 2004, Council Member
RuneJs seconded the motion, and the motion carried on the following roll-call vote:
AYES: Costello, Runels, Ferrara
NOES: None
ABSENT: Lubin, Dickens
There being 3 AYES, 0 NOES, and 2 ABSENT, the motion Is hereby declared to be passed.
Mayor Pro Tem Lubin returned to the dais.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Request for Appropriation for Arroyo Grande. HIgh School Pool
expansion.
Director of Parks, Recreation and Facilities Hernandez presented the staff report and
recommended the Council accept the recommendation from the Parks and Recreation
Commission allocating $100,000 from savings from the Rancho Grande Park Project to expand
the pool component of the Arroyo Grande High School remodel project contingent upon
$150.000 provided from other agencies and community groups for this component. Director
Hernandez responded to questions from Council regarding the comrnunity use component and
funding strategies.
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Mayor Ferrara invited the representative from Lucia Mar Unified School District (LMUSD) to
address some of the questions by members of the City Council concerning the proposed pool
expansion project.
Diana Larsen, Assistant Superintendent, Lucia Mar Unified School District (LMUSO), responded
to concerns expressed by the Council regarding community use and stated she could not find
any past written agreements concerning the issue. She stated that the School Diltrict would like
to work with the City on creating a Joint Use Agreement that would be recorded for posterity.
Claudia Waters, Arroyo Grande PE teacher and swim coach, responded to questions from
Council regarding the size of the existing L-shaped pool and the advantages of conducting
multiple group activities with an expanded rectangular-shaped pool.
Diana larsen, Assistant Superintendent, LMUSD, stated that for liability reasons, a lifeguard
would be on duty during hours designated for community use; however, hours for community use
had not yet been determined. Additionally, she indicated that the District would be responsible
for the cost of maintenance and operations.
Mayor Ferrara opened the item for pUblic comment.
Andv Starkie, Arroyo Grande, spoke in favor of the expanded pool proposal so that more than
one group could use the pooJ at a time. He urged the Council to approve the proposed allocation
of funds for the expansion of the pool.
Michael Scarcelli, South County Aquatics, spoke in favor of the expanded pool proposal and
stated it would be a huge benefit to their organization to have a bigger pool and an opportunity to
create more programs.
Upon hearing no further public comments, Mayor Ferrara closed the public comment period.
Council Member Runels stated he was not ready to approve the allocation of funds untiJ he saw
an approved written agreement concerning community use of the pool.
Council Member Costello agreed that it was important to ensure that the community at large has
access for use of the pool. He stilted he could support the proposal contingent upon a
commitment of funding from other Jocal agencies and t)aving a joint use agreement in place.
Mayor Pro Tem Lubin suggested approving an amount up to and not to exceed $100.000,
subject to contributions by other municipalities and an approved joint use agreement. He
encouraged the community at large to raise funds for the expansion and suggested continuing
the item to obtain more information.
Mayor Ferrara stated that he was comfortable approving the allocation of funds based on the
contingencies and suggested that the Council direct staff to assist in community fundraising
efforts.
Following further discussion, Council Member Costello moved to accept the recommendation
from the Parks and Recreation Commission to allocate up to $100,000 from savings from the
Rancho Grande Park project to expand the pool component of the Arroyo Grande High School
remodel project contingent upon final acceptance by the City Council of a Shared Use
Agreement, with the flexibility of adjusting the allocation based on funding received from other
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PAGE 6
agencies and the community at Jarge, and to direct staff to assist in community-wide fundraising
efforts. Mayor Pro Tem Lubin seconded the motion, and on the following roJJ-ca1l vote:
AYES: Costello, Lubin, Ferrara
NOES: Runels
ABSENT: Dickens
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed.
11.b. Consideration of Appointment of Voting Delegate and Altem.. for the League of
California Cities Annual Conference.
City Manager Adams presented' the staff report and recommended the Council appoint one
CounciJ Member as the voting delegate and one CounciJ Member as the alternate delegate for
the League of California Cities Annual Conference.
Mayor Ferrara indicated he would be attending the Annual Conference and would serve as the
Voting Delegate. He also suggested that Council Member Costello, who was also planning on
attending, serve as the Alternate Voting Delegate.
Mayor Pro Tem Lubin moved to appoint Mayor Ferrara as the Voting Delegate and Council
Member Costello as the Altemate. Council Member Runels seconded the motion, and the
motion carried unanimousJy by voice vote (CounciJ Member Dickens was absent).
11.c. Consideration of Pre-Application Case No. 04-011; Review of a MIxed U.. Planned
Unit Development Composed of Residential Units Added to e....-,g 0fIIces. and
Fitness Club Uses; Southeast Comer of Oak Park Boulevard and J..... Way; Russ
Sheppel.
Acting Community Development Director Heffernan presented the staff report and recommended
the Council review the conceptual mixed-use development and provide suggestions and
comments to the applicant. She stated the applicant Is specifically seeking comments on the
propoSed methodology proposed for detenninlng the top of the creek bank. She explained that
due to the physical constraints of the site the setback would ultimately dictate the design of the
site.
Mr. Kim Hatch, architect representing the applicant, answered questions from Council with
regard to the height of the bank, the effectiveness of the existing parKing agreement. additionaJ
water usage for residential, historicaJ flooding statistics, environmental constraints on the site,
and the distance of the creek from the project. It was suggested that staff research past data on
flooding at Oak Park Leisure Gardens.
Mayor Ferrara opened the item for public comment.
Kim Hatch, architect representing the applicant, distributed site plans to the Council, gave an
overview of the history of the Master Plan development, and stated that the applicant was
seeking comments from the CounciJ with regard to the setback/top of bank interpretation as it will
affect the design of the project.
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parking considerations would be better mediated, and from an environmental standpoint the
project would aeate a greenbelt area within the area of the setback. He also addressed the top
of bank/setback issue and requested the Council provide direction with regard to this matter.
Jean Beck, resident of Oak Park Leisure Gardens, expressed concems about parkmg issues.
Russ SheDDel, applicant, spoke about the history of parking problems that were aeated with the
opening of the health club. He stated that the proposal includes an accessory parting lot, which
will help address parking probJems. He cJarified that the Sheppel 1 building is not vacant and is
currently leased and occupied by a doctor practicing in another SheppeJ building on the site.
Upon hearing no further public comments, Mayor Ferrara closed the public comment period.
CounciJ Member Costello favored the mixed-use project concept with residential. He expressed
concern relating to an agreement on the aeek setback, traffic, parking and access issues. He
stated that access in and out of the property needed to be looked at carefully, expressing
concern with traffic exiting the parking lot onto James Way. He stated that there were some nice
elements to the project and the applicant was moving in the right direction.
Council Member Runels stated that the project is headed in the right direction with the residentiaJ
component. He stated that the proposed top of creek bank is acceptable, especiatly in light of the
historical grading on the site. He expressed concem about additional water ~ and future
water availability. He aJso commented that traffic would increase. He supported the project
concept.
Mayor Pro Tem Lubin stated that he was encouraged by the proposed project and
acknowledged that the project would fix some significant existing issues. He agreed with
comments made concerning the current configuration of the creek, and the potential to improve
and restore the creek bank. He felt ~t 22 residential units would not be too different than a
25,000 square foot building as it relates to water usage. He expressed concerns about parking
and traffic as it relates to visibility and usage and felt that residential and mixed uses wouJd
reduce the number of required parking. He stated he would be interested in the design phase
and how the project will blend with tfte existing development; and stated that measures should
be taken to prevent downstream flooding. He suggested Incorporating the use of g188nspace
and pedestrian access through the project to Oak Park Blvd. He also stated that access in and
out of the project wouJd need to be carefully considered. He commented that he was not overly
concerned with the 25-foot setback issue because of the refurbishment of the creek.
Mayor Ferrara supported the concept of mixed-use and commented that it would be wonderfuJ if
the employees who work in the complex could also live there. He stated that the creek is an
important element and it could have a positive Impact on the ecosystem. He expressed concerns
about the timeline. for restoring and enhancing the creek, and being careful with grading and
replanting. He stated site circulation is a concern and ingress and egress is Inked to traffic
considerations on James Way. He said the focus should be on educating the tenants/clients
regarding circulation. As far a, water usage, Mayor Ferrara stated that there was a need to be
cognizant of cumuJative effects. He stated he preferred this concept to -the previously approved
all commercial project, and stated that this project moves the City closer to its housing goals.
Mayor Pro Tem Lubin suggested that staff work with the Casa Grande hotel to determine if there
are any opportunities to aeate joint access .through the project.
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Mayor Pro Tern Lubin suggested that staff work with the Casa Grande hotel to determine if there
are any opportunities to create joint access through the project.
Upon conclusion of CounciJ comments, Mayor Ferrara ensured that the applicant had received
sufficient feedback and direction with regard to the proposed project.
There was no action taken on this item.
12. . CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
- Authority (SLOCOGlSLORTA). No report.
(2) Integrated Wa. Management Authority (IWMA). No report.
(3) Other. None.
b. MAYOR PRO TEM SANDY LUBIN:
(1) South County Area Transit (SCAT). No report.
(2) Economic VItality Corporation (EVC). 1) Information from Falm Supply was
received and it was announced that Farm SUpply would be opening its new
location in Arroyo Grande in a few weeks; 2) The new publisher from The Tribune
newspaper was introduced as a new Board Member; 3) Significant discussion
was held concerning the Dalidio Marketplace project.
(3) CJPIA. Directed staff to distribute copies of the June Executive Committee
meeting minutes as well as information from the July Annuat Meeting to the
Council.
(4) Other. None.
c. COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board. Met Jast week; the treatment plant is running
well; a spike in algae affecting water quality has been resolved; the plant upgrade
project is moving along; a presentation was received on an Qil reclamation project;
Lopez Lake is 48% full, and the District has declared that there is no surplus
water to be used this year; and the Recreation Area revenue and attendance
figures were up in May and June.
(2) County Water Resources AdvIsory Committee (WRAC). No report.
(3) Other. Attended Zone 1A meeting held in Oceano.
d. COUNCIL MEMBER JIM DICKENS: (ABSENT)
(1) South County Youth Coalition. No report.
(2) South San Luis ObIspo County Sanitation District (SSLOCSD). No report.
(3) Other. None.
e. COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control DIstrict (APCD). Meets tomorrow. No report.
(2) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
None.
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14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Mayor Ferrara repo.rted that he attended the recent League of California. Cities Channel Counties
Division meeting in Camarillo where 23 of the 25 cities in the division were represented. He
stated that John Russo was the guest speaker and the Election of Officers resuJted in his
election to First Vice President.
16. STAFF COMMUNICATIONS:
City Manager Adams gave a report on the status of the State budget.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
John Keen, referred to the signal box located at CQurtland and Grand and stated that he
supported the relocation of the box. However, he stated that he did not support using Traffic
Signalization funds to move the box because those funds were not meant for beautification
efforts. He said there were still many signals that needed to be modernized within the City.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:40 p.m.
~"J"/'
~ ar Mayor
ATTEST:
! I^L--
j Kelly W 01'\ ,Director of Administrative Services!
I Deputy City Clerk
j
I (Approved at CC Mtg ~
I
1
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