Minutes 2005-09-27
MINUTES
REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 27,2005
COUNCIL' CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, C~L1FORNIA
1. CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:02 p.m.
2. ROLL CALL
City Council/RDA: Council/Board Members Dickens, Guthrie, Arnold, and Mayor/Chair
Ferrara were present. Mayor Pro TemNice Chair Costello was absent.
City Staff Present: City Manager Adams, City Attomey Carmel, Director of Administrative
Services/City Clerk Wetmore, Director of Parks, Recreation & Facilities
Hernandez, Director of Public Works Spagnolo, Director of Financial
Services Kraetsch, Director of Community Development Strong, and
Associate Planner McClish.
3. FLAG SALUTE
A representative from Arroyo Grande Lions Club led the Flag Salute.
4~ INVOCATION
Pastor Robert Underwood, First United Methodist Church, Arroyo Grande, delivered the.
invocation.
5. SPECIAL PRESENTATIONS
5.a. Recognition of John Keen, Former Planning Commission Member.
Mayor Ferrara presented a Mayor's Commendation to John Keen for his service to the City of
Arroyo Grande as a member of the Planning Commission from July 1998 to August 2005. Mayor
Ferrara also acknowledged that Mr. Keen had served on the City's Traffic Commission as well as
an earlier term on the Planning Commission. Community Development Director Strong,
Planning Commissioner Tait, Architectural Review Committee Member Scherquist and City
Manager Adams also acknowledged Mr. Keen's service to the City.
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5.b. Mayor's Commendation - Jordan Hasay, Gold Medal Winner at Junior Olympics.
Jordan Hasay could not be present due to her practice schedule; however, Mayor Ferrara
acknowledged Jordan's achievement at the Junior Olympics and highlighted her other track
records and achievements.
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.
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
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PAGE 2
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
None.
S. CONSENT AGENDA
Council/Board Member Arnold moved, and Council/Board Member Guthrie seconded the motion
to approve Consent Agenda Items 8.a. through 8.j., as recommended. The motion carried on
the following roll-call vote:
AYES: Amold, Guthrie, Dickens, Ferrara
NOES: None
ABSENT: Costello
S.a. Cash Disbursement Ratification.
Action: Ratified the listings of cash disbursements for the period September 1 -
September 15, 2005.
S.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of August 31,
2005.
S.c. Consideration of a Temporary Increase in Mileage Reimbursement Rate for
Employees and Volunteers [COUNCIL/RDA].
Action: Established ,485\i per mile as the employee/volunteer mileage reimbursement.
rate from September through December 2005.
S.d. Consideration of Adoption of Resolution Accepting the Improvements Constructed
. as Part of the Poplar Drainage Basin Expansion.
Action: Adopted Resolution No. 3880 accepting the improvements constructed as part of
the Poplar Drainage Basin Expansion.
S.e. Consideration to Approve an Application by Martin de Leon to Drill a Replacement
Irrigation Well.
Action: Approved an application for Martin de Leon to drill a replacement irrigation well.
S.f. Consideration of Approval of Plans and Specifications for the Camino
Mercado/West Branch Street Traffic Signal Project, PW 2005-05.
Action: 1) Approved the plans and specifications for the Camino Mercado/West Branch
Street Traffic Signal Project, PW 2005-05; 2) Found that the project is categorically
exempt from CEOA pursuant to. Section 15301 (e); and 3) Directed the Director of
Administrative Services to file a Notice of Exemption.
S.g. Consideration of an Award of Contract to Lee Wilson Electric Company, Inc., for
Construction of the East Grand Avenue/Halcyon Road Traffic Signal Upgrade
Project, PW 2005-01.
Action: 1) Awarded a contract for the construction of the East Grand Avenue/Halcyon
Road Traffic Signal Upgrade Project, PW 2005-01 to Lee Wilson Electric Company, Inc.
in the amount of $189,400.00; 2) Authorized the City Manager to approve change orders
not to exceed the contingency of $18,940.00 for use only if needed for unanticipated
costs during the construction phase of the project; and 3) Transferred $50,000.00 from'
the Traffic Signalization Fund and $47,500.00 from the Transportation Facilities Fund.
S.h. Consideration of Approval of an Agreement with Todd Engineers to Prepare a
Groundwater Study. -,
Action: 1) Approved an agreement with Todd Engineers to prepare a groundwater study
in the amount of $21,020; and 2) Appropriated $21,020 from the Water Fund.
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
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S.i. Consideration of Award of Contract with Maximus for State Mandated Cost
. Services.
Action: Authorized. the Financial Services Director to execute an agreement with
Maximus to provide state mandated cost services.
S.j. Consideration of Council Appointment to the Planning Commission.
Action: Approved the recommendation of Council Member Ed Arnold to appoint Caren
Ray to the Planning Commission.
9. PUBLIC HEARINGS
9.a. Consideration of a Proposed Ordinance Amending Portions of Title 16 of the
Arroyo Grande Municipal Code (Development Code Amendment 05-006), Revising
Land Use Regulations and Approval Processes to Ensure Consistency with the
Arroyo Grande General Plan.
Associate Planner McClish presented the staff report and stated the Planning Commission
recommended the City Council introduce an Ordinance considering text amendments to Title 16
of the City of Arroyo Grande Municipal Code to ensure consistency with the General Plan. Staff
responded to questions regarding the definition of the Restricted General Retail land use
category and what it includes, and clarification of Village Mixed Use and Office Mixed Use
districts as they relate to how maximum densities are calculated.
Mayor Ferrara opened the public hearing and invited comments from those in the audience who .
wished to be heard on the matter. No public comments were received and Mayor Ferrara closed
the public hearing.
Council comments and discussion ensued regarding the issue of maximum density for multi-
family uses in the Mixed-Use Districts. Staff clarified that this issue would be brought forth at a
later date when the Council will be considering updates to the Residential Districts in Chapter
16.32. There was also discussion regarding allowing drive-through services in the Regional
Commercial and Gateway Mixed Use Districts as a conditional use.
Council Member Guthrie moved to introduce an Ordinance, as follows: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE
16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT
05-006), REVISING LAND USE REGULATIONS AND APPROVAL PROCESSES TO ENSURE
CONSISTENCY WITH THE ARROYO GRANDE GENERAL PLAN", as amended to change
the land use of Drive-Through Services from Not Permitted (NP) to Conditional Use Permit
(CUP) in the Regional Commercial (RC) District. Council Member Arnold seconded, and the
motion carried on the following roll-call vote:
AYES: Guthrie, Arnold, Dickens, Ferrara
NOES: None
ABSENT: Costello
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
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PAGE 4
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9.b. Consideration of a Proposed Ordinance Amending Chapter 12.16 of Title 12 of the
Arroyo Grande Municipal Code Relating to the Community Tree Program.
Director of Parks, Recreation and Facilities Hernandez presented the staff report and stated the
Parks and Recreation Commission recommended the Council introduce an Ordinance amending
Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Relating to the Community Tree
Program. City Attorney Carmel suggested language modifications to clarify provisions in Section
12.16.070 regarding tree removals, standards for pruning of trees, and appeals. Staff then
responded to questions from Council regarding several of the definitions; clarification regarding
the minimum oak tree diameter size for regulation purposes; clarification of tree removal and/or
pruning on private property versus public property; viewshed issues related to trees; whether the
Planning Commission and Architectural Review Committee could be notified about permits
issued for removal of trees; clarification regarding what is considered excessive pruning; and
clarification regarding the penalty provisions [proposed section 12.16.030(1)]. There was also a
suggestion to notify the Tree Guild of Arroyo Grande of tree removals as a matter of internal City
policy/practice.
. Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter.
Orrin Cocks. owner of the nine professional offices at 1170-1186 E. Grand Avenue, distributed
correspondence to the Council (on file in the Administrative Services Department) and read it
into the record. He spoke in opposition to the proposed. modifications to the Community Tree.
Ordinance as it relates to regulating trees on private property.
Dan Seher, tenant at 1170-1186 E. Grand Avenue, referred to and supported the removal of the
trees at 1170-1186 E. Grand Avenue and expressed concern about liability issues associated
with damaged concrete and sidewalks.
Phil Lozano, Chair of the Parks and Recreation Commission, spoke in support of the proposed
modifications to the Community Tree Ordinance. He encouraged continued public education
about the City's tree program and policies.
Diane SChiealer, tenant at 1170-1186 E. Grand Avenue, spoke in opposition to the proposed
Ordinance as it relates to regulating trees on private property.
Dave Raaan, certified arborist, spoke in support of the proposed Ordinance as it relates to tree
pruning practices. He also suggested the Tree Subcommittee have an arborist available to
advise them regarding potential tree removals.
Garv Scherauist, member of the Architectural Review Committee (ARC) and the Tree Guild of
Arroyo Grande, spoke in support of the proposed Ordinance. He suggested that the ARC have
more review and advisory input on landscape plans.
Joe Adido, tenant at 1170-1186 E. Grand Avenue, .expressed concerns about the proposed
Ordinance as it relates to regulating trees on private property.
Larrv Ramev referred to the removal of trees at 1170-1186 E. Grand Avenue and stated the type
of trees planted in this area caused a lot.of concrete and sidewalk damage.
Carv James, tenant at.1186 E. Grande Avenue, referred to the sidewalk damage and unsafe
condition for pedestrians at this location. He also spoke about viewshed issues and suggested
including provisions to protect views.
,Stacv Cocks referred to correspondence written by John Belsher regarding the removal of trees ..-
. at 1170-1186 E. Grand Avenue and read it into the record. .
Dave Sturae~ spoke in opposition to the proposed Ordinance.
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
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No further public comments were received and the Mayor closed the public hearing.
Council and staff comments and discussion ensued regarding the definitions of "lions tailing".
"street trees", and "regulated trees"; tree:; on private and public property; tree.and root pruning _
practices; existing regulations for removal of trees; and the need to further clarify the language in
Section 12.16.070(a) regarding tree removals.
Following Council comments, staff was directed to modify the Ordinance to address the
following:
- Expand the definitions of "lion's tailing", "regulated trees", and "street trees in the public
right-of-way";
- Add language to include notification to the Planning Commission and Architectural
Review Committee of appeals to tree removals;
- Clarify language that tree pruning standards shall apply to all regulated trees;
- Establish internal policy/procedure to notify the Tree Guild of Arroyo Grande of appeals to
tree removals.
Council Member Guthrie moved to continue the public hearing to the City Council Meeting of
October 25, 2005. Council Member Dickens seconded, and the motion carried on the following
roll-call vote:
AYES: Guthrie, Dickens, Arnold, Ferrara
NOES: None
ABSENT: Costello
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
Consideration Interim , Ordinance Suspending'
11.a. of Adoption of an Urgency
Acceptance and Processing of Applications for Development of any Portion of
Property Immediately Adjacent to Arroyo Grande Creek, Tally HoCreek, Meadow
Creek, or Creek Tributaries within the City of Arroyo Grande.
Associate Planner McClish presented the staff report and recommended the City Council adopt
an' Interim Urgency Ordinance and direct staff to immediately prepare a study considering all
foreseeable ramifications of allowing development of properties on or immediately adjacent to
creeks within the City of Arroyo Grande.
Mayor Ferrara referred to correspondence distributed to the Council, which was received from
Andre, Morris & Buttery on behalf of Castlerock Development and asked staff. to clarify how the
interim urgency ordinance would affect vested projects. Staff responded thatthe intent was to
only apply the suspension to all new projects which have not been formally accepted for
processing.
. Mayor Ferrara invited comments from those in the audience who wished to be heard on the
- matter.
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
SEPTEMBER 27,2005
PAGE 6
John Belsher, attorney, stated he represented a number of property owners who could be
impacted by this urgency ordinance and said he did not understand why this was being applied
to discretionary permits when the Council has the ability to apply conditions to projects. He
suggested that the ordinance should exempt discretionary permits and apply to ministerial
permits. He stated that language in the ordinance was not consistent with the General Plan. He
inquired whether adoption of the ordinance would exempt the Pace Brothers project on Whiteley
and asked the Council to clarify this issue.
Jeff Emrick stated that the ordinance takes away options and suggested the Council evaluate
project setbacks on a case-by-case basis.
Scott Pace spoke in opposition to the urgency ordinance. He referred to the Whiteley Street
project which has been in the system for six months. He requested this project be exempt from
the ordinance.
Hearing no further public comments, Mayor Ferrara closed the public comment period.
Council and staff comments and discussion ensued with regard to the interim urgency ordinance
as it relates to the General Plan. City Attorney Carmel explained that the purpose of the interim
urgency ordinance would give staff time to study the issues that had been identified to determine
whether or not a General Plan Amendment was needed. He further stated that the Pace
Whiteley Street project would be exempt from the interim urgency ordinance.
Following comments in support of the proposed interim urgency ordinance, Council Member
Arnold moved to adopt an interim urgency ordinance as follows: "AN INTERIM URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE .sUSPENDING
ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR DEVELOPMENT OF ANY
PORTION OF PROPERTY IMMEDIATELY ADJACENT TO ARROYO GRANDE CREEK,
TALLY HO CREEK, MEADOW CREEK OR CREEK TRIBUTARIES WITHIN THE CITY OF
ARROYO GRANDE". Council Member Guthrie seconded, and the motion carried on the
following roll-call vote:
AYES: Guthrie, Dickens, Arnold, Ferrara
NOES: None
ABSENT: Costello
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). Reported that the Price Street Extension project
was not approved; therefore there is a substantial amount of money that can be
reallocated and it is hoped that SLOCOG Board would reallocate the money to
South County to advance the Halcyon/Brisco/101 Interchange project. City
Manager Adams gave an overview of discussions held regarding the project
timeJine versus funding allocation timeline.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that
the plant is running according to standards and the chlorinator project is nearing
completion.
(3) Other. None.
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
SEPTEMBER 27, 2005
. PAGE 7
b. MAYOR PRO TEM JOE COSTELLO: (ABSENT)
(1) Zone 3 Water Advisory Board. No report.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Air Pollution Control District (APCD). No report.
\ (4) Fire Oversight Committee. No report.
(5) Other. None.
c. COUNCIL MEMBER JIM DICKENS:
(1) South County Area Transit (SCAT). Last meeting canceled due to lack of a
quorum. No report.
(2) South County Youth Coalition. No report.
(3) Other. None.
d. COUNCIL MEMBER JIM GUTHRIE:
(1) Economic Vitality Corporation (EVC). No report. Meets tomorrow.
(2) Other. None.
e. COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). Meeting canceled. No
report.
(2) California Joint Powers Insurance Authority (CJPIA). No report.
(3) County Water Resources Advisory Committee (WRAC). Reported on salt
water iritrusion into Morro Bay's wells. Suggested that the City's groundwater
study include consideration of salt water issue in wells.
(4) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Arnold commented that the Annual Harvest Festival was wonderful this year
and he thanked City staff for their involvement. He reported that he enjoyed participating in the
pie-eating contest. City Manager Adams noted that the Harvest Festival was totally organized by
community volunteers. He stated that he and Debbie Sidenberg were co-chairs for the event and
he recognized and expressed appreciation for all those who were involved in planning the annual
event.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
! None.
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I 1S. ADJOURNMENT
. i
There being no further business before the City Council, Mayor/Chair Ferrara adjourned the
meeting at 10:20 p.m.
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
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PAGE 8
ATTEST:
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Kelly Wetmor~/City Clerk/Agency Secretary
(Approved at CC Mtg 11/0S/2005)
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