Minutes 2004-10-26
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY,. OCTOBER 26, 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 7:10 p.m.
2. ROLL CALL
City Council: Council Members RuneJs, Dickens, Costello, Mayor Pro Tem Lubin, and
Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services Wetmore, Chief of Police TerBorch, Interim Financial Services
Director O'Reilly, and Community Development Director Strong.
3. FLAG SALUTE
Members of Boy Scout Troop 489 led the FJag SaJute.
4. INVOCATION
Pastor Jan Armstrong, First Presbyterian Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Presentation of City of Arroyo Grande Agricultural Conservation Award by the
Coastal San Luis Resource Conservation District.
Ella Honeycutt and Linda Chipping, representing CoastaJ San Luis Resource Conservation
District, presented the City with the 2004 Excellence in AgricuJturaJ Conservation Award. Ms.
Chipping gave an overview of the City's accomplishments over the past two years relating to the
conservation of agricuJturaJ resources.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read In Title Only.
Council Member RuneJs moved, Council Member Dickens seconded, and the motion passed
unanimousJy that all. resoJutions and ordinances presented at the meeting shall be read in title
only and all further reading be waived.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
None.
8. CONSENT AGENDA
Council Member Costello requested that Item 8.e. be pulled.
Mayor Pro Tem Lubin moved, and Council Member Runels seconded the motion to approve
Consent Agenda Items 8.a. through 8.k., with the exception of Item 8.e., with the recommended
courses of action. City Attorney Carmel read the titles of the Ordinances in Items 8.d. and 8.j.
The motion carried on the following roll-call vote:
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AYES: Lubin, Runels, Dickens, Costello, Ferrara
NOES: None
ABSENT: None
S.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period October 1, 2004 -
October 15, 2004.
S.b. Consideration of Cash Flow Analysis and Approval of Interfund Advance from the
Water Fund.
Action: Received and filed the September 2004 cash report and approve the interfund
advance from the Water Fund to cover cash deficits in other funds as of September 30,
2004.
S.c. Consideration of Approval of Minutes.
Action: Approve the minutes of the Special. City CounciVPlanning Commission Joint
Meeting of September 22, 2004, the Regular City Council Meeting of September 28,
2004, and the Special and ReguJar City Council Meetings of October 12, 2004, as
submitted.
S.d. Consideration of Adoption of Ordinance Repealing, Amending, and Adding
Provisions to Titles 5, 6, S, 9, 10 and 12 of the City of Arroyo Grande Municipal
Code to Provide Internal. Consistency with Current City POlicies and Practices.
Action: Adopted Ordinance No. 556 repealing, amending, and adding provisions to
Titles 5,6,8,9, 10 & a Portion of TitJe 12 of the Arroyo Grande Municipal Code.
S.f. Consideration of Authorization to Purchase Replacement Narcotics Task Force
Vehicle.
Action: Authorized staff to purchase one (1) replacement Police Department Narcotics
Ta$k Force vehicle from Mullahey Ford for $23,259.
S.g. Consideration of Disposal of Surplus Bicycles.
Action: Adopted Resolution No. 3789 declaring the listed bicycJes as surplus for
donation to the San Luis. Obispo County Sheriff's Office to be refurbished and donated to
needy children.
S.h. Consideration of Resolution Opposing Proposition 70.
Action: Adopted ResoJution No. 3790 opposing Proposition 70.
S.I. Consideration to Approve Parcel Map AG 99-093; Subdividing One (1) Parcel into
Two Residential Parcels at 1470 Newport Avenue.
Action: Approved FinaJ Map AG 99-093; subdividing 1.01 acres into two (2) parcels at
1470 Newport Avenue.
S.J. Consideration of Adoption of an Ordinance Amending the Zoning Map and
Portions of Title 16 of the Arroyo Grande Municipal Code, Revising the
Commercial, Industrial, and Office Professional Districts and Rezoning the
Commercial Portions of the Planned Development 1.1 and 1.2 Districts
(Development Code Amendment Case No. O3-OOS).
Action: 1) Approved the Negative Declaration and instructed the Director of
Administrative Services to file a Notice of Determination; and 2) Adopted Ordinance No.
557 amending the Zoning Map and Portions of TitJe 16 of the Arroyo Grande Municipal
Code revising the CommerciaJ, Industrial and Office Professional Districts; and rezoning
the commerciaJ portions of the Planned Development 1.1 and 1.2 Districts (Development
Code Amendment 03-008).
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8.k. Consideration of Acceptance of the Fire Station Expansion Project, PW 2003-05.
Action: 1) Accepted the project improvements, as constructed by DJMlBorbon, a Joint
Venture, in accordance with the plans and specifications for the Fire Station Expansion
Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of
retention thirty-five (35) days after the Notice of Completion has been recorded, if no liens
have been filed.
8.e. Consideration of Resolution Supporting Legislation Amending the Americans With
Disabilities Act to Require Notice Prior to flUng Legal Action.
Recommended Action: Adopt Resolution supporting JegisJation that would amend the
Americans with Disabilities Act to r~uire notice prior to filing a Jawsuit.
Council Member Costello referred to the Americans With Disabilities Act and stated it was
intended to protect peopJe's rights in empJoyment and transportation, and to provide equal
access to services. He commented that the Act is good Jaw, and it has a purpose to provide
equal access to all people who have disabilities. He felt that most businesses desire to be in
compliance with the law and to provide access to people with disabilities. He stated that when
notified of non-compliance, he felt that most businesses wouJd make a genuine effort to comply.
He favored JegisJation that would provide a grace period for businesses upon notification of non-
compliance. He stated the proposed Jegislation was a legitimate and reasonable approach to
solving the problem. He stressed the importance of educating the community and businesses
that they are liable and will have to comply with the Act. He supported all efforts the City could
take to help educate the community and to facilitate compliance with.the ADA.
Council Member Costello moved to adopt a Resolution supporting legislation that wouJd amend
the Americans with Disabilities Act to require notice prior to filing a lawsuit. Council Member
Runels seconded the motion, and on the following roll call vote:
AYES: Costello, Runels, Dickens, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby decJared to be passed.
9. PUBLIC HEARING
9.a. Consideration of Amended Conditional Use Permit (ACUP) 04-001 to Allow a
Financial Institution to Occupy Building J of the Five Cities Shopping Center; 911
Rancho Parkway; Well Fargo Bank.
Community Development Director Strong presented the staff report and recommended the
Council adopt a Resolution approving Amended Conditional Use Permit 04-001. Director Strong
responded to questions from Council regarding the original traffic study for the Five Cities
Center; and clarification of the Council's previous direction regarding the request for a
comprehensive traffic study, including a parking anaJysis.
May~r Ferrara opened the public hearing.
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CITY COUNCIL MINUTES
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PAGE 4
David Pintard, Director of Leasing, representing Investec Real Estate Companies, stated the
Planning Commission gave unanimous approval to this project on May 4, 2004. He gave an
overview of the City Council's review of the project on May 25, 2004 and stated the question was
raised whether a bank would generate an equal or greater amount of traffic than the allowed
retail use. He stated that Investec paid the City approximately $2,000 to complete a traffic study.
Mr. Pintard stated that the report concluded that the current project trip generation with the
addition of a Wells Fargo Bank located in an existing 4,5Q0 square foot space would not
significantly aJter the overall trip generation from what was originally projected, and actually
appears to be less. Mr. Pintard provided additional comments regarding parking, traffic, and
noise impacts and spoke regarding the overall benefits of locating a bank in Phase II.
Luis Rustia, representing Wells Fargo Bank Corporate Real Estate, noted that Wells Fargo plans.
to hire 10-15 people in the community; believes that the traffic report shows a negative impact to
the Center and its effects are minimal; Wells Fargo prefers to be at this Jocation to serve its
customer needs and it is an excellent site. He commented that Wells Fargo wants to be in
Arroyo Grande; however, time is an issue and if there is a delay, they may need to move on to
another community.
Mark Carella, Central Coast District Manager for Wells Fargo Bank, stated that this Five Cities
Center was the best area to serve their customers. He reviewed the proposed hours of
operation and stated they would not compete with other businesses in the Center. He
addressed the trip generation findings and stated that some of the trends in the banking
business show that over the counter transactions have been reduced by 40% in the Jast five
years based on doing business over the intemet, phone banking, and direct deposits. He stated
that foot traffic would continue to be on the decline.
Steve Ross, Arroyo Grande, stated he was a Jong time Wells Fargo Bank customer and he
commented that having a bank on the east side of the freeway would lessen the. impact of traffic
going through Brisco Road to Grand Avenue to get to the west side of the City. He spoke in
support of the proposal.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Member Dickens acknowJedged that there. was an empty retail space available;
however,. there were unknowns with regard to the future size of Pad "J", the site configuration,
and how the parking and traffic generation impacts are going to affect Phase II of the Five Cities
Center. He referred to existing traffic impacts due to the success of the Center. He stated he
would like to see actuaJ traffic counts, and how the configuration of Pad "I" is going to affect and
interact with the proposed bank. configuration. He felt that not enough information was availabJe
with regard to traffic and parking at this time to make good decisions and that a more
comprehensive approach needed to be taken to review Phase II in its entirety. He stated he
could not move forward with approval until adequate information is provided, as previously
requested by the Council.
Council Member Costello acknowJedged that the Amended ConditionaJ Use Permit application
was to allow a use that is not permitted at this location. He spoke about economic impacts, and
stated that the Center was designed to be a retail center. He stated he would like to go back and
review the Environmental Impact Report.(EIR) for the shopping center. He expressed concern
about not knowing what the actual traffic counts are as opposed to what was projected. He
acknowledged the existing impacts to the intersections that are greater than what was
anticipated. He said he needed more adequate data to evaJuate and that there was a need to
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CITY COUNCIL MINUTES
OCTOBER 26, 2004
PAGE 5
evaluate the intersection impacts. He stated he was not prepared to move forward at this time
until more information was provided.
Council Member Runels stated that the original approval was for a retail center; however, he
acknowJedged that a bank would soften the use and generate less traffic than retail use. He also
acknowJedged that there were traffic problems in this area that needed to be mitigated; however,
he preferred a retail use rather than a bank so he could not support the proposal.
Mayor Pro Tem Lubin observed that there were numerous retail uses that were not permitted;
however, there were numerous retail uses that were permitted that could be established without
any approval process, regardless of their traffic generation. He commented that this proposal
was not a freestanding bank and it would not generate as much traffic. He spoke about
technology advances and agreed that lobby traffic will continue to decrease. He stated he did not
believe traffic was an issue. He stated this was an opportunity to reduce the traffic impact and to
fill a space that has been vacant for aJmost five years. He referred to AG Edwards, which is a
non-traffic generator. He said it was important to recognize from an economic standpoint that
there are vacancies in all centers in the City and to acknowledge the impacts to existing
businesses if buildings remain vacant. He supported moving forward and approving the
proposal. He further commented that when a plan for Pad "J" is deveJoped, there will be an
opportunity to do a comprehensive traffic study and review all of the impacts at that time.
Mayor Ferrara stated that the two issues were traffic and economics. He recalled that the
previous direction from the Council in May was for the compJetion of a comprehensive traffic
study. He stated this could have been done by now and would have provided the Council with
information that was needed in order to make an informed decision and instead the Council
received a much briefer version of the traffic study that did not address the issues. He referred
back to the original action the Council took when the Center was approved and stated the
Council at that time recognized that traffic would be a significant issue in and around the Center.
He stated that the Council decision had required a Statement of Overriding Considerations to
accept adverse traffic impacts for economic benefits. He stated that it was unknown whether
traffic projections have been exceeded. He further addressed potentiaJ traffic mitigation needed
for traffic controJ across Rancho Parkway. He stated that he wouJd like to have Wells Fargo in
Arroyo Grande and commented that discussion had been held at the previous meeting about the
potentiaJ for locating i!i Phase 1. He questioned why Phase II has been empty all this time and
suggested there could be other factors such as lease costs. He concluded by stating that he
hoped that Wells Fargo would locate in Arroyo Grande and wait for a comprehensive traffic study
to be conducted. He said he was not prepared to support the proposal at this time.
Council Member Dickens moved to defer action and refer. the application back to the Planning
Commission for further study and recommendation concurrent with Pad "I" configuration after a
complete traffic study is provided. Council Member Costello seconded the motion, and on the
following roll-call vote:
AYES: Dickens, Costello, Runels, Ferrara
NOES: Lubin
ABSENT: None
The~e being 4 A YES and 1 NO, the motion is hereby declared to be passed.
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PAGE 6
10. CONTINUED BUSINESS J
None.
11. NEW BUSINESS
None.
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOGlSLORT A). None.
(2) Integrated Waste Management Authority (IWMA). None.
(3) Other. None.
b. MAYOR PRO TEM SANDY lUBIN:
(1) South County Area Transit (SCAT). None.
(2) Economic Vitality Corporation (EVC). Discussion heJd regarding search for new
EVe Executive DirectorlPresident. Discussion was also held regarding the
proposed MarketpJace project in San Luis Obispo.
(3) CJPIA. None.
(4) Other. None.
c. COUNCil MEMBER THOMAS A. RUNElS:
(1) Zone 3 Water Advisory Board. None.
(2) County Water Resources Advisory Committee (WRAC). None.
(3) Other. None.
d. COUNCil MEMBER JIM DICKENS:
(1) South County Youth Coalition. None.
(2) South San Luis Obispo County Sanitation District (SSlOCSD). 1) Reported
on the District's Open House BBC, presentations, and tour of plant. 2) Approved
a $2 million dollar capitaJ improvement project to construct a chlorine contact tank
and pumping station.
(3) Other. None.
e. COUNCil MEMBER JOE COSTEllO:
(1) Air Pollution Control District (APCD). None.
(2) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Costello referred. to problems experienced at the nouthbound 101 Brisco Road
off-r~mp relating to right turns on a red light.. He suggested recommending to CaJtrans the
installation of a "No Right Turn on Red" sign at this location.
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CITY COUNCIL MINUTES
OCTOBER 26, 2004
PAGE 7
Mayor Ferrara referred to merging traffic on Branch Street to go under the underpass and
inquired whether there was a Jeft turn arrow from eastbound Branch. Staff responded that there
was a Jeft-turn arrow at this intersection.
Council Member Dickens referred to a new "speed hump" on E. Grand Avenue and inquired
when it would be rectified. City Manager Adams acknowledged that it had been caused by the
installation of irrigation lines by CaJtrans on E. Grand Avenue relating to the freeway-landscaping
project. He stated he would follow up on the matter.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:42 p.m.
~ f5t~~A. y
Tony M. Fe , yor .
ATTEST:
Jiw~
Kelly We mor ,Director of Administrative Services!
Deputy City Clerk
(Approved at CC Mtg 11/91 D ~ )
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