Minutes 2005-01-25
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 25, 2005
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Members Dickens, Guthrie, Arnold, and Mayor Ferrara were
present. Mayor Pro Tem Costello was absent.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services/City Clerk Wetmore, Chief of Police TerBorch, Director of
Financial Services Pillow, Director of Parks, Recreation & Facilities
Hernandez, Director of Public Works/City Engineer Spagnolo and
Assistant Planner Bergman.
3. FLAG SALUTE
Mayor Ferrara led the Flag Salute.
4. INVOCATION
Pastor Robert Underwood, First United Methodist Church, Arroyo Grande, delivered the
invocation.
5.. SPECIAL PRESENTATIONS
5.a. Mavor's Commendations Presented to Mitch Chavez and Kord Schmidt.
I Mayor Ferrara presented Commendations to Parks Maintenance .Workers Mitch Chavez and
Kord Schmidt in recognition of their membership in the Platinum Service Club for service above
and beyond the call of duty during the recent heavy rains.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read In Title Only
Council Member Dickens moved, Council Member Arnold 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' INPUT. COMMENTS. AND SUGGESTIONS
None.
8. CONSENT AGENDA
Council Member Dickens moved, and Council Member Guthrie 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:
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CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 2
AYES: Dickens, Guthrie, Arnold, Ferrara
NOES: None
ABSENT: Costello
8.a. Cash Disbursement Ratification.
Action: Ratified the listings of cash disbursements for the period January 1, 2005 -
January 15, 2005.
8.b. Consideration of Cash Flow AnalyslalApproval of Interfund AdYence from the
Water Facility Fund.
Action: Received and filed the December 2004 cash report and approve the interfund
advance from the Water Facility Fund to cover cash deficits in other funds as of
December 31, 2004.
a.c. Consideration of Statement of Investment DeposIts.
ActIon: Received and filed the report of current investment deposits as of December 31,
2004.
a.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City CounciVRedeveJopment Agency
Meeting of January 11, 2005 as submmed.
a.e. Consideration of Approval of Final Map for Tract 2275 and to Accept Certain
Easements and Improvements for Tract 2275 - Jim and Evadene Dotson.
Action: 1) Approved Final Tract Map 2275; 2) Accepted the public water improvements
that were conditioned for Tract 2275, as constructed; 3) Rejected the sewer
improvements that were conditioned for Tract 2275, without prejudice as to
future acceptance; 4) Rejected the offer of dedication for public sewer easement, without
prejudice as to future acceptance; and 5) Accepted the 10% warranty security in the
amount of $40,982.68.
8.f. Consideration of Council Appointments to Various CIty Commlalons, Boards, and
Committees.
Action: Approved appointments.
9. PU,,,",C H~~INGS
9.a. Consideration of a Proposed Ordinance Adding Chapter 8.38 to TItle 8 of the
Arroyo Grande Municipal Code Providing for the Ucenslng of Tobacco Retailers.
Chief of Police TerBorch presented the staff report and recommended the Council introduce an
ordinance adding Chapter 8.38 to Title 8 of the Arroyo Grande Municipal Code providing for the
licensing and regulation of retailers of tobacco products:
Mayor Ferrara opened the pUblic hearing.
Trina Long, Health Educator Specialist, Tobacco Control Program, County of San Luis Obispo
Public Health Department, spoke in support of the proposed ordinance.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments included support of the proposed ordinance; emphasis on the City's
responsibility to reguJate and enforce regulations regarding illegal tobacco use, especially with
regard to minors; concern over the high percentage of tobacco retailers in the City selling
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CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 3
tobacco products to minors; and clarification that the ordinance would also cover smokeless
tobacco products.
Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER U8 TO THE
ARROYO GRANDE MUNICIPAL CODE PROVIDING FOR THE UCENSING OF TOBACCO
RETAILERS". Council Member Dickens seconded the motion, and on the following roll-call vote:
AYES: Arnold, Dickens, Guthrie, Ferrara
NOES: None
ABSENT: Costello
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed.
9.b. Consideration of Conditional Use Permit 04-005 - Mlxed-U.. Project with Two (2)
Retail Units, Three (3) Office Units, and One (1) Realdentlal Unit; 101 Traffic Way;
Applicant: John Robasclottl.
Assistant Planner Bergman presented the staff report and recommended the Council adopt a
Resolution approving Conditional Use Permit 04-005. Staff responded to questions from Council
regarding easements along E. Branch Street; whether there was access to the buikfing from the
south elevation; clarification regarding the stone veneer fac;ade; maneuverability within the
parking lot and whether or not garbage trucks .would be abJe .to access the parking lot; a
suggestion for the placement of large recycling bins on wheels; project compatibility with
renovations and improvements to the Traffic Way Bridge; clarification of the status of the
billboard on the adjacent property; explanation of the water neutralization fee; concems
regarding egress from the parking lot onto Traffic Way; and whether there would be a shared
I driveway access agreement with the adjacent property.
I Mayor Ferrara opened the public hearing.
I
Mark Vasquez, Norman Vasquez and Associates, representing the applicant, stated that the
project had been designed to resolve a number of issues and constraInt8 on and around the
unique site. He responded to questions and concems regarding access issues; signage; building
design; and the artificial stone fac;ade, which would match the stone being used on the Traffic
Way Bridge. He supported installing signs requiring a right turn only onto Traffic Way; however,
he commented that it might be difficult to enforce.
Upon hearing no further pUblic comments, Mayor Ferrara closed the public hearing.
Council Member Dickens complimented the applicant and the architect on the de&ign of the
project and acknowledged that this was a difficult and constrained site due to its smaJl size. He
stated this project would be a nice complement and addition to the Village. He stated that his
review of the negative declaration mitigation measures and conditions of approval address the
areas of concern. He also acknowledged the difficulty garbage trucks would have accessing the
site parking lot. With regard to overall parking, he concurred with the proposal to allow a 20
percent mixed-use parking reduction, supported the credit for two parking spaces for the
dedication to the City of property fronting W. Branch Street, and the payment of in-lieu fees for
the remaining parking spaces. He emphasized the use of the Planned Sign Program and Historic
CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 4
District Design Guidelines when designing signs for the project. He supported the project as
presented.
Council Member Guthrie commented he had reviewed this project several times as it went
through the Planning Commission and complimented staff and the applicant for working through
the design process. He supported the proposed parking reduction. He expressed concern about
changing from the rust colored galvanized metal above the windows to the proposed finish, as it
may be too bright. He acknowledged that the Architectural Review Commmee would review and
approve the final material. He supported the project as proposed.
Council Member Arnold also commended staff and the applicant for the amount of work that has
gone into this project. He suggested that the conditions of approval include a revocable
permit/access agreement requiring joint driveway access with the adjacent property, and include
a condition requiring signage for right tum only onto Traffic Way. He supported the project.
Mayor Ferrara acknowledged the challenges on the site due to the triangular shape of the lot and
its location on the corner. He commented that this was a good project for the gateway to the
Village. He referred to the easements and commented that the proposed project improvements
will enhance the area considerably. He supported the project as proposed.
Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A N011CE OF
DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT CASE NO. 04-005,
LOCATED AT 101 TRAFFIC WAY, APPUED FOR BY JOHN ROBASCIOTTr', _ --.cIed to
I Include a shared driveway access agreement with the adjacent property and to require
I right turn only slgnaae for eg..... onto Traffic Way. Council Member Guthrie seconded the
I motion.
!
Discussion ensued regarding the proposed amendment to require installation of right-turn only
signage at the parking lot exit.
City Attorney Carmel noted several modifications to the conditions of approval as foHows: #38.
Water meter, service main, distribution, availability fees, and water facilitiea f.... to be based on
codes and rates in effect at the time of building permit issuance.; change NS. to l48.a.; change
#49. to l48.b., and add new #49. Community Center Fees, to be based on codes and rates in
effect at the time of building permit issuance.; add new #102. Access onto Traffic Way shall be
right turn only and signed accordingly.; and modify #51. Prior. to building permit a Revocable.
Encroachment PermitlLicense Agreement that is acceptable to the City Attorney must be
established over the Public Right of . Way for Disabled Access and for the development of
landscaping. parking spaces and the outdoor patiolbuilding entrance, IncIudina shared drivewav
DI'OVisions with adioininQ Drooertv to east. The agreement shall require the applicant to provide
replacement disabled access on-site and either payment of in-lieu fees or acq&irtng off-site parking
acceptable to the Community Development Director in accordance with City Code provisions.
Council Member Arnold agreed to amend the motion to adopt the Resolution including the
changes as set forth by the City Attomey. Council Member Guthrie seconded the motion, and on
the following roII-cal1 vote:
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CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 5
AYES: Arnold, Guthrie, Dickens, Ferrara
NOES: None
ABSENT: Costello
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed.
Mayor Ferrara called for a break at 8:30 p.m. The Council reconvened at 8:39 p.m.
9.c. Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow a
Flnanclalln8tltutlon to Occupy Building J of the Five Cities ShoppIng Center; 911
Rancho Parkway; Wells Fargo Bank.
Community Development Director Strong presented the staff report and reconvnended the
Council continue the item to the next regular meeting of February 8, 2005 at which time the
completed traffic study and proposed traffic mitigation measures associated with revised pad "1"
and bank occupancy of Building .. J' would be presented. Staff responded to questions from
Council regarding the data used for the traffic study.
Mayor Ferrara opened the public hearing, and when no one came forward, he closed the public
hearing.
Mayor Ferrara requested that copies of the complete traffic study be distributed to Council as
soon as it was available in order to have sufficient time to review it before the next meeting.
Council Member Guthrie moved to continue the item to the next regular meeting of February 8,
2005. Council Member Dickens seconded the motion, and on the following roII-call vote:
AYES: Guthrie, Dickens, Arnold, Ferrara
NOES: None
ABSENT: Costello
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby decfared to be passed.
9.d. Consideration of a Proposed Ordinance Adding Chapter 13.06 to TItle 13 of the
Arroyo Grande Municipal Code Regarding Implementation of a IIandatory Retrofit
Program and Procedure Upon the Change of OWnerahlp of Real Property.
Director of Public Works/City Engineer Spagnolo presented the staff report and recommended
the Council introduce an Ordinance adding Chapter 13.06 to Title 13 of the Municipat Code to
create and implement a mandatory water conservation and retrofit program in instances
involving the transfer of residential property at the time of change in property ownership and
requiring said property to be retrofitted with low water-use plumbing fixtures. Director Spagnolo
responded to questions from Council regarding criteria for low water flow fixtures; how the
program would be monitored; how many staff members would be involved in administering the
program and the program's impact on existing workload. It was suggested that notices be sent
to realtors, real estate, escrow and title companies, and home inspection companies to inform
these organizations of the mandatory retrofit. program.
Mayor Ferrara opened the public hearing.
CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 6
Steve Ross, Arroyo Grande, commented on a similar program in Marin County and spoke in
support of the proposed ordinance.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Members Arnold and Guthrie spoke in support of the proposed ordinance.
Council Member Dickens expressed cOncem whether the ordinance would meet the City's goals
for water conservation and questioned how the ordinance would be enforced. He also expressed
concern about the impact on staff time and did not support the ordinance as presented.
Mayor Ferrara stated he was optimistic that the ordinance would have some impact on water
conservation and would contribute to the City's overall goals. As far as enforcement, he
suggested that citations be issued instead of fines. He supported the proposed ordinance.
Council Member Amold moved to introduce an Ordinance as follows, "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 13.06 TO
TITLE 13 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING IllPU!llENTATION
OF A MANDATORY PLUMBING RETROm PROGRAM AND PROCEDURE UPON THE
CHANGE OF OWNERSHIP OF REAL PROPERTY". Council Member Guthrie seconded the
motion, and on the following roll-call vote:
AYES: Amold, Guthrie, Ferrara
NOES: Dickens
ABSENT: Costello
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed.
9.e. Consideration of Resolution to Adjust the In-Ueu Fee for Off-street Parking In the
Parking and Business Improvement Area of the Village.
Community Development Director Strong presented the staff report and recommended the
Council adopt a resolution adjusting the in-lieu fee for off-street. parking in the Parking and
Business Improvement Area of the Village.
Council comments and discussion ensued regarding a more frequent review of the fee,
clarification concerning the existing parking credits, and a desire to establish the fee at the high
end of the range set forth in the staff report.
Mayor Ferrara opened the public hearing, and when no one came forward, he closed the public
hearing.
Following Council comments in support of the in-lieu fee adjustment, Council Member Arnold
moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCU. OF THE
CITY OF ARROYO GRANDE ADJUSTING THE IN-UEU FEE FOR OFF-sTREET PARKING IN
THE PARKING AND BUSINESS IMPROVEMENT AREA QF THE VILLAGE", .. amended to
set the In-Ileu fee at $14,000. Council Member Dickens seconded the motion, and on the
following roll-call vote:
CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 7
AVES: Arnold, Dickens, Guthrie, Ferrara
NOES: None
ABSENT: Costello
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
None.
11. NEW BUSlNE'f$
11.a. Consideration of Fiscal Vear 2005-06 and Fiscal Vear 2006-07 Budget Goal..
City Manager Adams and Director of Financial Services Pillow presented the staff report and
recommended the Council approve the proposed budget goals for FY 2005-06 and FY 2006-07.
City Manager Adams responded to questions from Council regarding the City's Reserve Fund
policY, and what COPS funds can be used for other than staffing.
Mayor Ferrara referred to a potential revenue source from new Office of Homeland Security
Grants that may become available to the City. He indicated that he would provide staff with
additional information regarding these federal grant$, which could be used as an additional
revenue source.
Mayor Ferrara invited public comments on this item. No pUblic comments were received.
Council Member Dickens commented that the proposed budget goals are appropriate and
supported them as presented.
Council Member Arnold supported the proposed budget goals and emphasized the goal for
maintaining the City's existing service levels, and to continue the City's Reserve Fund policy.
Council Member Guthrie identified the City Hall project as a lower priority if the budget came up
short and commented that it may need to be put off for a few years. He. also identified the Public
Works Maintenance Worker position as a low priority. He referred to the Street Improvement
Program and felt this was a high priority goal and suggested increasing this fund if possible.
Mayor Ferrara commended the City Manager and commented that the goals and priorities are
reasonable and they represent good planning. He acknowledged that there is some flexibility in
the goals and supported them as proposed.
Council Member Dickens moved to approve the proposed budget goals for FY 2005-06 and FY
2006-07 as presented. Council Member Guthrie seconded the motion, and on the following roll
call vote:
AYES: Dickens, Guthrie, Arnold. Ferrara
NOES: None
ABSENT: Costello
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed.
CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 8
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of GOV8rnmentalSan Luis Obispo Regional Transit
Authority (SLOCOGlSLORT A). No report. January meeting was cancelled.
(2) South San Luis Obispo County Sanitation DIstrIct (SSLOCSD). Discussed a
potential assessment of the Sanitation District relative to Zone 1 and 1 A;
. Reviewed the 2005 Budget; Conducted groundbreaking of a major component of
the Plant, a chlorine contactor and effluent pumping station.
(3) Other. 1) Attended and chaired the League of Califomia Cities Public Safety
Policy Committee meeting in Los Angeles and approved a work plan for the year;
received presentations regarding sexually violent predators; and discussed the
medical marijuana dispensary issue. 2) Attended the Annual Mayor's City
Selection Commmee meeting and elected new officers. Following, that,
commenced the monthly Mayor's meeting where newly elected ASsembly
Member Sam Blakeslee and his staff visited and announced his appointment to
several commmees, including Agriculture, Utilities, Budget, and the PERS
Committee. 3) Attended Tri-Chambers Luncheon and gave State of the Cities
presentations along with Mayors from Grover Beach and Pismo Beach.
b. MAYOR PRO TEM JOE COSTELLO: (ABSENT)
(1) Zone 3 Water Advisory Board. None.
(2) County Water Resources Advisory Committee (WRAC). None.
(3) Air Pollution Control District (APeD). None.
(4) Other. None.
c. COUNCIL MEMBER JIM DICKENS:
(1) South County Area Transit (SCAT). No report. Next meeting is February 16th.
(2) South County Youth Coalition. No report. Next meeting i. January 2"".
(3) Other. None.
d. COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). No report. January
meeting was cancelled.
(2) California Joint Powers Insurance AuthorIty (CJPIA). No report.
(3) Other. Attended Community 2050 Workshop on January 22"d sponsored by
SLOCOG.
e. COUNCIL MEMBER JIM GUTHRIE:
(1) Economic Vitality Corporation (EVC). No report. Meets January 26th; will be
hiring new Executive Director soon.
(2) Other. 1) Attended League of Califomia Cities Mayors and Council Members
Academy Leadership Institute in Sacramento from January 12-14, 2005. 2)
Attended Community 2050 Workshop on January 22nd sponsored by SLOCOG.
13. CITY COUNCIL MEMBER ITEMS:
None.
CITY COUNCIL MINUTES
JANUARY 25, 2005
PAGE 9 "
14. CITY MANAGER ITEMS:
a) Request from the City of Pismo Beach to explore joint fire services with Pismo Beach and
other South County jurisdictions.
City Manager Adams reported that he had received correspondence from the City of Pismo
Beach expressing a desire to conduct and pay for a feasibility study for joint fire services.
Follqwing brief discussion, staff was directed to place the request from the City of Pismo Beach
for Arroyo Grande to participate in a study on joint fire operations on a future agenda for formal
Council consideration.
15. COUNCIL COMMUNICATIONS:
Council Member Dickens noted that in the past, the City has invited newly elected State
representatives to meet with staff and the Council to discuss items of concern affecting the City.
Staff was directed to schedule a meeting with Assemblyman Sam Blakeslee.
Council Member Arnold referred to the League of California Cities' "Priority Focus" newsletter
and requested that staff prepare a letter in opposition to legislation that would impact local
control over zoning issues.
Mayor Ferrara suggested that staff schedule a meeting for Council Members_ Guthrie and Arnold
to meet Dave Mullinax, the Channel Counties representative of the League of California Cities.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:45 p.m.
Ton~~
ATTEST:
~uh~
Kelly W bno .. City Clerk
(Approved at CC Mt9 ..2... 8'''0'5 )
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