Minutes 2006-09-12
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MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 12, 2006
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:03 p.m.
2. ROLL CALL
City Council/RDA:
City Staff Present:
Council/Board Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro
TemNice Chair Jim Guthrie and Mayor/Chair Tony Ferrara were present.
City Manager Steven Adams, City Attorney Tim Carmel, City Clerk Kelly
Wetmore, Director of Financial Services Angela Kraetsch, Chief of Police
Tony Aeilts, Director of Public Works/City Engineer Don Spagnolo, Associate
Planner Kelly Heffernon, and Assistant Planner Ryan Foster.
3. FLAG SALUTE
Members of Arroyo Grande Lions Club led the Flag Salute.
4. INVOCATION
Pastor George Lepper, Peace Lutheran Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Mayor's Commendations Recognizing John Godfrey and Diane Mead for their
Participation in the Traffic Way Tree Program. .
Mayor Ferrara recognized John Godfrey and Diane Mead for their participation in the Traffic Way
Tree Program. Mr. Godfrey and Ms. Mead were not present to accept the Commendations;
however, Mayor Ferrara noted that the Director of Parks, Recreation and Facilities would forward
the Commendations to the recipients.
5.b. Presentation of Sewer Rate Study by South San Luis Obispo County Sanitation
District.
Clayton Tuckfield, Tuckfield and Associates, gave an informational presentation on the South San
Luis Obispo County Sanitation District's Wastewater Rate Study which included an overview of the
District's current financial challenges; how rates are going to change; how the rates compare to
other wastewater treatment service providers; future wastewater capital improvement projects; the
District's financial plan; implementation dates; proposed annual rates by customer classification; a
survey comparison of single family residential user charges; and proposed meter connection
charges. Mr. Tuckfield then responded to questions from Council. There was no formal action on
this item.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Costello, Council Member Arnold seconded, and the motion passed unanimously
that all ordinances presented at the meeting shall be read in title only and all further reading be
waived.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, September 12,2006
Page 2
7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS
Gary Fowler, San Luis Obispo, spoke in opposition to Measure 0-06 stating that seniors,
businesses, fixed and low-income persons will be negatively affected.
Bob Lloyd, AGP Video, announced that the government access channel has been experiencing
some technical problems and if any member of the public notices a problem to please contact them
at 772-2715 and they will respond immediately.
Don Schultz, Myrtle Street, asked the City to give back the ten feet of land that was taken from him
and his neighbors on Noguera Place as the land would not remove the City's drainage problem.
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. There were no public comments.
Mayor Ferrara requested that Item 8.g. (Consideration of Revisions to the City's Travel Policy) be
pulled from the Consent Agenda and continued to a future meeting in order to form a subcommittee
to research the provisions of AB 1234 as it relates to restrictions on travel expense reimbursement
for legislative body members. Mayor Ferrara and Council Member Arnold volunteered to serve on
the subcommittee with City Manager Adams. The Council concurred to continue Item 8.g. and
direct staff to establish a subcommittee to review potential changes to the proposed travel policy.
Mayor Ferrara moved to continued Item 8.g. to a date uncertain, Council Member Arnold seconded,
and the motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Ferrara, Arnold, Dickens, Costello, Guthrie
None
None
Council/Board Member Arnold moved, and Council/Board Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8.i., with the exception of Item 8.g., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Costello, Dickens, Guthrie, Ferrara
None
None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period August 16, 2006 through
August 31, 2006.
8.b. Consideration of Award of Contract with Wohlford Consulting for a Full Cost of
Services (User Fee) Study. '
Action: Authorized the City Manager to execute an Agreement with Wohlford Consulting to
conduct a full cost of services (user fee) study and appropriate an additional $2,000 from the
General Fund.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, September 12,2006
Page 3
B.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of August 8, 2006, as
submitted.
B.d. Consideration of Conflict of Interest Code Biennial Review.
[CC/RDA]
Action: 1) Adopted Resolution No. 3949 as follows: "A Resolution of the City Council of
the City of Arroyo Grande Amending the City's Conflict of Interest Code Including an
Amended Appendix of Designated Positions and Appendix of Disclosure Categories";
and 2) Received and filed the 2006 Redevelopment Agency Conflict of Interest Biennial
Notice.
8.e. Consideration of Authorization to Purchase Self Contained Breathing Apparatus
(SCBA) Test Equipment.
Action: Authorized the purchase of Self Contained Breathing Apparatus (SCBA) test
equipment.
B.1. Consideration of a One-Year Time Extension (Time Extension Case No. 06-003) for
Amended Conditional Use Permit 03-004; 1220 Farroll Avenue; Applied for by Coastal
Christian School. .
Action: Adopted Resolution No. 3950 as follows: "A Resolution of the City Council of the
City of Arroyo Grande Approving a One-Year Time Extension for Amended
Conditional Use Permit 03-004; 1220 Farroll Avenue; Applied For By Coastal Christian
School".
. 8.h. Consideration of Resolution Establishing a Citywide Ethics Policy for City
Employees, Elected Officials and Appointed Officials.
Action: Adopted Resolution No. 3951 as follows: "A Resolution of the City Council of the
City of Arroyo Grande Establishing a Citywide Ethics Policy for City Employees,
Elected Officials, and Appointed Officials".
B.i. Consideration of Replacement of Copier Systems for City Administration and
Community Development and Appropriation of Funds.
Action: Authorized the purchase of two rebuilt copier systems (Panasonic DP-6010) from
Superior Quality Copiers, Inc. for City Administration and the Community Development
Department and appropriate funds in the amount of $3,217.50 from the Unappropriated
General Fund balance.
9. PUBLIC HEARINGS
Mayor Ferrara requested, and the Council concurred, to move up Item 9.d. on the Agenda for
. consideration prior to Item 9.a.
Council Member Dickens declared a conflict of interest due to his indirect financial interest in the
Dixson Ranch and stepped down from the dais.
9.d. Consideration of Development Code Amendment 04-007, Neighborhood Plan 04-001,
Vesting Tentative Tract Map 04-002, and Planned Unit Development 04-002; Applicant:
Creekside Estates of Arroyo Grande, LLC; Location - 22 Acres Located East of,
Noguera Court and North of East Cherry Avenue Extension (Cherry Creek).
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Minutes: City Council/Redevelopment Agency Meeting
Tuesday, September 12,2006
Page 4
City Manager Adams reported that subsequent to distribution of the Agenda, a few issues have
come up that were unable to be fully resolved prior to the meeting. He noted that one issue was
identification of some potential impacts on a neighboring private property as a result of the
proposed drainage system, which is an issue that requires additional analysis; and the second
issue is a discrepancy in the public hearing notice requirements. He said in response to notification
received from a neighboring property owner who had not received a notice, a thorough review of
the mailing list was conducted and it was discovered a few addresses had not been included. He
recommended the Council continue the public hearing to the Regular City Council Meeting of
October 10, 2006. He also recommended the Council take the opportunity, without deliberation, to
identify any items or requests for additional information that should be included in the staff report.
Council Member Costello:
Include information regarding the Planning Commission's recommendations concerning
environmental review in the body of the staff report;
- Provide clarification in the staff report regarding differentiation between the 25' setback for the
creek and the 25' setback from the contour lines.
Council Member Arnold:
- On page 6 of the Mitigated Negative Declaration, there is reference that the loss of prime soils is
not subject to mitigation under CEQA - expand explanation of how CEQA applies to prime soils;
On page 7, the LESA model is used for evaluation of the property; discuss the City's ability to
develop its own model;
On page 15, MM4.2, develop the Mitigation and Monitoring pian;
On page 15, MM4.4, determine if any of the trees have historic value;
On page 29, reference to wastewater sewer line is restricted at the Fair Oaks Ave trunk;
determine if 18" upgrade line would be in place prior to the completion of this project;
Address whether traffic counts should have been taken during school hours and included in the
traffic model.
Mayor Ferrara:
- Take another look at the criteria for a Negative Declaration as it relates to the Subareas
individually (I.e., look at environmental factors as they relate to Subarea 1 and Subarea 2
separately);
- Tie together the Newsom Springs drainage plan with the drainage strategy that is incorporated
into the proposed project. -
Council Member Arnold moved to continue the public hearing to the Regular City Council Meeting
of October 10, 2006. Mayor Pro Tem Guthrie seconded, and the motion passed on the following
roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Guthrie, Costello, Ferrara
None
Dickens
Council Member Dickens returned to the dais.
Minutes: City CounciVRedevelopment Agency Meeting
Tuesday, September 12, 2006
Page 5
9.a. Consideration of Use of State 2006-07 Citizens Option for Public Safety (COPS)
Funds.
Police Chief Aeilts presented the staff report and recommended the Council approve the
expenditure of $100,000 as authorized by the State for law enforcement services under the Citizens
Option for Public Safety (COPS) Program. Chief Aeilts responded to questions from Council
regarding potential inter-agency operability improvements with the proposed radio communication
system. Discussion ensued concerning the study currently underway with other agencies on joint
dispatch operations as it relates to system compatibility.
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 the Mayor closed the
public hearing.
Council Member Costello moved to approve the Chief of Police's recommendation to utilize the FY
2006-07 COPS funds to be used as part of a multi-year program for the replacement and
enhancement of the Police Department's base radio communications equipment; and further moved
to authorize the expenditure of $101,563 carried over from the City's FY 2005-06 COPS Program.
Council Member Dickens seconded, and the motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Costello, Dickens, Guthrie, Arnold, Ferrara
None
None
9.b. Consideration of Conditional Use Permit Case No. 05-013 for a Proposed Wireless
Facility Located at 300 Reservoir Road (City Reservoir No.1), Applied for by Cingular
Wireless; and 'Consideration of Land Lease Agreement with New Cingular Wireless
pes, LLC dba Cingular Wireless.
Associate Planner Heffernon presented the staff report and stated the Planning Commission
recommended the Council: 1) Adopt a Resolution approving Conditional Use Permit Case No. 05-
013; and 2) Approve and authorize the Mayor to execute a Land Lease Agreement between the
City and New Cingular Wireless PCS, LLC, dba Cingular Wireless for use of 800 square feet of
property located at 300 Reservoir Road.
In response to questions concerning landscaping, staff was requested to investigate whether
approved landscaping at the Reservoir #1 project has been completed.
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter.
Allen Stevenson, Old Ranch Road, stated he lived closest to the proposed site; he has not seen
any landscaping installed at the Reservoir No. 1 site; expressed concern regarding the review
process as it relates to determining other suitable site locations such as the Methodist Camp;
expressed concern about FCC regulations; and stated that although he was not objecting to the
proposal, he still had misgivings about the review process as it relates to other alternative sites.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, September 12,2006
Page 6
Gordon Bell, agent for Cingular Wireless, clarified FCC regulations as it relates to the local
regulatory review process; noted they had entered into discussions with the Methodist Camp about
the proposal; and explained why the project as proposed is the environmentally superior alternative.
Steve Tallant, Site Director for the Methodist Camp, stated he did not feel that proper contact was
made to consider'the Methodist Camp site. He expressed concern that a lot of rnisinformation was
presented at the Planning Commission meeting,
. Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments ensued including support for the proposal; concern over comments made about
the development review process; acknowledgment that the City has no control over negotiations
between private parties; agreement that this location is farthest from any living units and has the
least amount of impact; agreement that an appropriate landscape plan must be in place;
observation that the proposed location provides the best coverage and is lowest on the horizon in
comparison to other proposed locations; acknowledgment that the City has the facility to
accommodate the proposal; and direction to staff to follow up on whether the landscaping related to
the Reservoir NO.1 project has been installed.
Council Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT
CASE NO. 05-013, APPLIED FOR BY CINGULAR WIRELESS, LCOATED AT 300 RESERVOIR
ROAD". Council Member Dickens seconded, and the motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Dickens, Costello, Guthrie, Ferrara
None
None
Council Member Arnold moved to approve and authorize the Mayor to execute a Land Lease
Agreement between the City and New Cingular Wireless PCS, LLC, dba Cingular Wireless for use
of eight hundred (800) square feet of property located at 300 Reservoir Road. Council Member
Dickens seconded, and the motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Arnold, Dickens, Costello, Guthrie, Ferrara
None
None
Mayor Ferrara called for a recess at 8:45 p.m. The Council reconvened at 8:55 p.m.
9.c. Consideration of Development Code Amendment 04-005A - An Ordinance of the City
Council of the City of Arroyo Grande Amending Portions of Title 16 of the Arroyo
Grande Municipal Code, Revising Land Use Regulations for Design Development
Overlay District OMU-D-2.20 within the Office Mixed Use District.
Associate Planner McClish presented the staff report and recommended the Council introduce, as
revised, an Ordinance amending the Municipal Code to revise land use regulations for Design
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, September 12,2006
Page 7 .
Development Overlay District OMU-D-2.20. She explained that staff had distributed a
recommended alternative with a modification to Exhibit B that includes an objective for the OMU-D-
2.20 Design Development Overlay District (Medical Mixed Use), and a modification of use
regulations that leaves the 75% office use as a minimum requirement but allows for deviations of
the standard, as determined by the City Council.
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter.
Rick Castro, representing Arroyo Grande Community Hospital, spoke in support of the proposal and
stressed the need for flexibility to plan for future needs of the community.
Bardhyll Nushi, Cerro Vista Circle, expressed concern that the Hospital does not have an approved
Hospital Facilities Plan in place; spoke of the cultural resources located on the site; noted that a
school and residential uses surround the site; increasing the residential component would take
away parking areas needed for the hospital; and recommended that specific criteria be developed
now for the hospital's needs.
David Butler, S. Halcyon Road, stated that the area had always been zoned commercial; however,
he expressed concern about moving forward without an approved Hospital Facilities Plan.
Arlene Rowland, S. Alpine, stated she didn't understand the map. Following clarification of the
parcels in question, she spoke in support of the available area set aside for expansion of the
hospital.
Chet Williams, Cerro Vista Circle, expressed concern about development impacts to the creek.
Gary Young, applicant, noted that the project was originally considered by the Council in January
and since that time, they had addressed many of the issues and concerns that were raised. He
spoke in support of the proposal.
Bob Rowland, S. Alpine, expressed concern about approving this proposal before a Hospital
Facilities Plan is in place.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments ensued including the need to balance public comments with goals established
by the City as it relates to the demand for additional housing; acknowledgment of creek setback
requirements and policies to ensure creek protection; acknowledgment that the City's responsibility
is to address land use planning; acknowledgment that the Hospital issues are complex and
determining needs for the future will take time; acknowledgment of the Hospital's difficulty recruiting
doctors due to lack of housing opportunities; support for mixed use (should not be 100%
residential); acknowledgment that the area needs a land use designation to allow for future growth
and that it is up to the property owners to determine proposed projects; clarification that the existing
Mixed Use Overlay is already in place and that this proposal provides the Hospital with flexibility for
future expansion; and support for the revised alternative as presented.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, September 12,2006
Page 8
Council Member Arnold 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 04-005a),
REVISING LAND USE REGULATIONS FOR DESIGN DEVELOPMENT OVERLAY DISTRICT
OMU-D-2.20 WITHIN THE OFFICE MIXED USE DISTRICT", as modified using alternative
language as shown in Exhibit B. Mayor Pro Tem Guthrie seconded, and the motion passed on the
following roll-call vote:
AYES:
NOES:
ABSENT:
Dickens, Arnold, Costello, Guthrie, Ferrara
None
None
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
None.
12. CITY COUNCIL MEMBER ITEMS
In response to a recent newspaper article, Council Member Costello requested a report be placed
on a future agenda regarding the damage to the Carrithers property and what can be done to avoid
similar problems in the future. The Council unanimously concurred with the request.
Mayor Ferrara requested, and the Council unanimously concurred, that an item be placed on a
future agenda regarding the Dalidio Ranch initiative proposal (Measure J). He stated he would like
to discuss the proposal's direct and indirect impacts to the City and provide an opportunity for the
Council to receive and review information prepared by SLOCOG and Caltrans regarding the project.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
Colleen Martin, Olive Street, thanked the Council for taking the time to continue the Cherry Creek
proposal in order to receive and review all information related to the project.
17. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 9:40 p.m. in honor of Jackson Wood.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, September 12,2006
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Tony Ferr or/Chair
A TIEST:
(Approved at CC Mtg IO-'2,/-Zoc(p I