Minutes 2002-08-27
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 27, 2002
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council meeting to order at 7:01 p.m.
2. ROLL CALL
City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels
and Mayor Lady were present.
City Staff Present: City Manager. Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Director of Financial Services
Snodgrass; Director of Parks, Recreation & Facilities Hernandez;
Director of Public Works Spagnolo; Police Chief TerBorch; Director
of Building and Fire Fibich; Chief Building Inspector Schmidt; and
Director of Community Development Strong.
3. FLAG SALUTE
Members of the American Legion Post No. 36 led the Flag Salute.
4. INVOCATION
Pastor Randy Ouimette, St. John's Lutheran Church. Arroyo Grande. delivered the
invocation.
5. SPECIAL PRESENTATIONS
5.a. Presentations of Medal of Valor for Sergeant Kevin McBride and Medals of
Merit for Police Officer Vince Johnson and Sr. Police Officer Joe lanneo
Mayor Lady presented an Honorary Resolution awarding the Police Department's Medal
of Valor to Sergeant Kevin McBride. Police Chief TerBorch presented the Medal of
Valor to Sergeant McBride. Mayor Lady presented Honorary Resolutions Awarding the
Police Department's Medal of Merit to Officer Vince Johnson and Senior Officer Joseph
lanneo. Police Chief TerBorch presented the Medals of Merit to Officers Johnson and
lanneo.
5.b. Proclamation - American Character Week, September 6-14, 2002
Mayor Lady presented an Honorary Proclamation proclaiming the period commencing
September 6th through September 14th, 2002 as "American Character Week". Police
Chief TerBorch accepted the Proclamation on behalf of the City.
S.c. Proclamation - Congratulating Arroyo Grande Youth Wrestling Club and
Certificates of Recognition for Rylee Wightman, Georgie Lopez, Jordan
Rubio, Frankie Herrera, Sasa Scharf, and Martin Castillo
Mayor Lady presented the coaches of the Arroyo Grande Youth Wrestling Club with an
Honorary Proclamation congratulating the Club, its athletes and coaches, for their
tremendous success this season. Mayor Lady presented Certificates of Recognition to
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AUGUST 27,2002
PAGE 2
Rylee Wightman, Georgie Lopez, Jordan Rubio, Frankie Herrera, Sasa Scharf, and
Martin Castillo in recognition of their respective successes with the Arroyo Grande
Youth Wrestling Club.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Lubin moved, Council Member Ferrara 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
Marie Cattoir, 195 Orcutt Road, commented on the history of the City's adoption of the
County's Emergency Response Plan in the early 1980's and expressed concerns
relating to the proposed expansion of waste facilities and storage of nuclear waste at
the Diablo Canyon Plant site.
8. CONSENT AGENDA
Council Member Ferrara requested that Item 8.i. be pulled for discussion.
Mayor Pro Tem Runels moved and Council Member Dickens seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the exception of Item 8.i., with
the recommended courses of action:
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period August 1,
2002 through August 15, 2002.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from
the Water Facility Fund.
Action: Received and filed July 2002 cash report and approve the interfund
advance from the Water Facility Fund to cover cash deficits in other funds at July
31,2002.
8.c. Consideration of Annual Report - Fiscal Year 2001-02 Cash Activity in
Transportation Facilities Development Impact Fund.
Action: Accepted the annual report of Transportation Facilities Development
Impact Fund cash activity and ending cash balance at June 30,2002.
8.d. Consideration of Disadvantaged Business Enterprise (DBE) Program for
FFY 2002-03.
Action: Approved the FFY 2002-03 DBE Program with "established" Overall
Annual DBE Goal and submit to Caltrans by September 1, 2002.
8.e. Consideration of Declaration of Intent to be Reimbursed.
Action: Adopted Resolution No. 3616 declaring the City's intent to purchase
equipment that will ultimately be reimbursed from lease purchase financing.
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8.f. Consideration of Communications Site Lease Agreement with GTENerizon
Wireless.
Action: Approved and authorized the Mayor to execute the Communications Site
Lease Agreement between the City and GTENerizon Wireless for use of
approximately 800 square feet of surface area at the Soto Sports Complex and
for the installation of a modified lighting standard on Porter Field to be used as an
antenna array for GTENerizon seNice.
8.g. Consideration of Voting Delegate and Alternate for League of California
Cities Annual Conference, October 2-5, 2002.
Action: Appointed Council Member Ferrara as the voting delegate and Council
Member Dickens as the alternate delegate for the League of California Cities
Annual Conference.
8.h. Consideration of Closure of Ci~ Streets and Use of City Property and
Waiver of City Fees for the 65 Annual Arroyo Grande Valley Harvest
Festival.
Action: Adopted Resolution No. 3617 authorizing closure of City streets and use
of City property and authorize the waiver of City fees/costs for the Arroyo Grande
Valley HaNest Festival.
8.j. Consideration of SHAlSTP Cooperative Agreement Amendments.
Action: 1) Authorized the Mayor to execute SHAlSTP Cooperative Agreement,
Amendment NO.4 to Agreement No. AG-TEA21-01; and 2) Direct the Director of
Administrative SeNices to submit SHAlSTP Cooperative Agreement,
Amendment NO.4 to Agreement No. AG-TEA21-01 to the San Luis Obispo
Council of Governments.
8.k. Consideration of Program Supplement Agreement for the Scenic Creekside
Walk Through the Historic Village of Arroyo Grande, Phase III Project.
Action: 1) Adopted Resolution No. 3618 authorizing the Mayor to execute
Program Supplement Agreement No. 768 with Caltrans; and 2) Directed the
Director of Administrative SeNices to submit the executed Program Supplement
Agreement No. 768 and authorizing Resolution to Caltrans.
AYES: Runels, Dickens, Lubin, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
8.i. Consideration of Biddle Ranch Agricultural Cluster Subdivision Draft ErR
Comments.
Recommended Action: The Planning Commission recommended the City
Council take no action to support, oppose, or comment on the Draft EIR for
Biddle Ranch Agricultural Cluster Subdivision project.
Council Member Ferrara referred to the Project EIR Executive Summary and requested
that instead of providing no comments on the project, that the City formally respond and
that it was prudent to point out areas of concern for further study relating to
fire/vegetation management and transportation and circulation.
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Council Member Dickens agreed and expressed concerns relating to impacts on public
services; traffic and circulation, specifically to the Village; and water allocation. He
further suggested the project should provide mitigation for potential loss of agriculture
land.
Mayor Pro Tem Runels commented that the project proposes 87 homes on 4,700 acres
of property and that there is an advantage to having a low density development.
Council Member Lubin pointed out that 96% of the site is to be put into Agriculture
Preserve and commented that he agreed there would be traffic impacts; however, the
EIR indicated 65 a.m. peak hour trips and 87 p.m. peak hour trips which was
determined to be less than significant.
Following further Council comments and discussion, there was consensus of the
Council to direct staff to submit comments to the County on the Biddle Ranch
Agriculture Subdivision EIR by the deadline of August 29, 2002.
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Proposed Ordinance Amending Section 15.04.010 of the
Arroyo Grande Municipal Code Regarding Update of the Uniform Building
and Related Codes.
Director of Building and Fire Fibich presented the staff report and recommended the
Council introduce an Ordinance amending Section 15.04.010 of the Arroyo Grande
Municipal Code and set a public hearing for September 10, 2002 for final adoption.
Mayor Lady invited comments from the public who wished to be heard on the matter,
and upon hearing none, brought the item back to Council for consideration.
Council Member Lubin moved to introduce an Ordinance amending Section 15.04.010
of the Municipal Code, adopting by reference the 2000 Editions of the "Uniform
Administrative Code", "Uniform Building Code" (Volumes 1, 2, and 3) and its Appendix,
"Uniform Mechanical Code", "Uniform Code for Building Conservation", "Uniform
Plumbing Code", and the 1999 Edition of the "National Electric Code". Council Member
Ferrara seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Dickens, Ferrara, Runels, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
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11.b. Consideration of Proposed Ordinance Amending Section 8.04.010 of the
Arroyo Grande Municipal Code Regarding Update of the Uniform Fire Code.
Director of Building and Fire Fibich presented the staff report and recommended the
Council introduce Ordinance amending Section 8.04.010 of the Arroyo Grande
Municipal Code and set a public hearing for September 10, 2002 for final adoption.
Mayor Lady invited comments from the public who wished to be heard on the matter
and upon hearing none, brought the item back to Council for consideration.
Council Member Ferrara moved to introduce an Ordinance amending Section 8.040.010
of the Municipal Code, adopting by reference the 2000 Edition of the "Uniform Fire
Code" and its Appendix. Mayor Pro Tem Runels seconded the motion, and on the
following roll-call vote, to wit:
AYES: Ferrara, Runels, Lubin, Dickens, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11.c. Consideration of a Service Agreement with the Coastal San Luis Resource
Conservation District.
Director of Public Works Spagnolo presented the staff report, responded to questions
from Council, and recommended the Council authorize the Mayor to execute the
Agreement with the Coastal San Luis Resource Conservation District for services to
review erosion control plans for new developments on an as-needed basis.
Mayor Lady invited comments from the public who wished to be heard on the matter
and upon hearing none, brought the item back to Council for consideration.
Council Member Ferrara moved to authorize the Mayor to execute the Agreement with
the Coastal San Luis Resource Conservation District for services to review erosion
control plans for new developments on an as-needed basis. Council Member Lubin
seconded the motion, and on the following roll-call vote, to wit:
AYES: Ferrara, Lubin, Dickens, Lady
NOES: Runels
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
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AUGUST 27,2002
PAGE 6
11.d. Consideration of Requests to Provide Water and Sewer Service for Areas
Outside the City Limits.
Director of Public Works Spagnolo presented the staff report, responded to questions
from Council, and recommended the Council direct staff to obtain the pumping records
and capacity of each individual applicant in order to further consider providing City water
to the properties outside the City limits. If it is determined, based on the pumping
records, that providing City water is not feasible, staff recommended the Council provide
staff direction to pursue establishing a process to wheel water through the City's
distribution system.
Mayor Lady invited comments from the public who wished to be heard on the matter.
The following members of the public spoke:
Richard Dianda, 727 Halcyon Road, Double J Mobilehome Park, requested the Council
approve the request to provide City water to Double J Mobilehome Park, which is
located outside of the City limits.
Carol Henson, representing Double J Mobilehome Park, stated the well is no longer
viable and requested the Council approve the request to provide City water to the
Mobilehome Park.
Frank Harris, President of Canyon Crest Water Company and representative of the
Canyon Crest homeowners, expressed support for the Council's consideration of
requests to provide water and sewer services for areas outside the City Limits. He
submitted a letter for the record (on file in the Administrative Services Department)
presenting two options for providing an alternate source of water to replace their wells
and treatment plant
Jody Venema, Canyon Crest homeowner, reiterated concerns expressed by Mr. Harris
and explained that the existing well has to be treated for hard water and extremely high
mineral content
Anthony Acevedo explained that the source of water for Canyon Crest comes from his
property and that there was a high iron content in the water.
Coker Ellsworth, 129 Bridge Street, owner of the property adjacent to Tract 2424, spoke
in support of his request to the City to provide water and sewer service to his proposed
development project on Halcyon Road just south of The Pike.
Brian Gilbert, resident of Double J Mobile Home Park, reaffirmed the position of the
residents' inability to drink the water due to its quality and urged the Council to approve
the request to provide water service to areas outside of the City.
Hearing no further public comments, Mayor Lady brought the issue back to Council for
consideration.
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AUGUST 27, 2002
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Council comments and discussion ensued regarding policy issues; providing water to
areas that are not in the City's planning area; the ability to provide good water quality
and quantity to the City's existing customers; concerns regarding precedent setting for
providing water and sewer services to areas outside of the City limits; when the last
groundwater study had been completed for the City; the status of the Department of
Water Resources Arroyo Grande groundwater basin study; the lack of information with
regard to pumping capacity and the process and associated costs of wheeling water;
the City's water capacity; significant concerns regarding the water quality at Double J
Mobile Home Park and related health and safety concerns; and allowing the City's
citizens an opportunity to provide public input before making any decisions in providing
municipal services to areas outside of the City.
Following Council comments and discussion, there was consensus of the Council to
direct staff to research and obtain additional information needed on pumping records
and wheeling capacity, develop a recommended policy on how to respond to requests
for water and sewer services outside the City limits, and recommendations on how each
request could be addressed based on the proposed policy. At the direction of the
Council, the item would return to the Council for review within 45 days. City Manager
Adams recognized the urgency of the issue and clarified that, based on Council
discussion, should there be any delay in this timeframe. there was a priority in moving
forward to respond to the mobile home park requests.
12. CITY COUNCIL REPORTS
a. MAYOR MICHAEL LADY
(1 ) South San Luis Obispo County Sanitation District (SSLOCSD).
Reported on 2 August meetings: 1) Closed Sessions, no report; 2) Request
for waiver approved for Oceano Community Center; 3) Update on brine
disposal; 4) Update on Bio-Solid Task Force; 5) Accepted and approved 3-
year audit proposal; and 6) Reported that Pismo Beach will build a new
facility and will not join the Sanitation District.
(2) Other. None.
b. MAYOR PRO TEM THOMAS A. RUNELS
(1 ) Zone 3 Advisory Board. No report.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
c. COUNCIL MEMBER JIM DICKENS
(1 ) Economic Opportunity Commission (EOC). No report.
(2) South County Youth Coalition. No report.
(3) Other. None.
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d. COUNCIL MEMBER TONY M. FERRARA
(1) Integrated Waste Management Authority Board (IWMA). 1) Executive
Committee met last week to set Agenda for next Board Meeting on
September 25~n; 2) Attended Mayor/Council Leadership Course and
accepted award for San Luis Obispo County IWMA for meeting 50%
recycling diversion rate; and 3) City of Paso Robles will be joining SLO
County IWMA.
(2) Air Pollution Control District (APCD). Met with Supervisor Katcho
Ajchadian to discuss alternatives to burning which include efforts to
encourage greenwaste and curbside recycling.
(3) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA). Discussed Federal Transit Capital
Grants/FTIP programs and how to streamline grant process; Reviewed
status of S6910.
(4) Other. Reported qn items discussed at the League's quarterly Public Safety
Policy Committee meeting on August 16`n
e. COUNCIL MEMBER SANDY LUBIN
(1) South County Area Transit (SCAT). No report. Next meeting is August
29~'.
(2) Economic Vitality Corporation (EVC). No report. Meets tomorrow.
(3) Other. Sent letter to State Department of parks on behalf of the EVC
concerning significant negative impact on San Luis Obispo County due to a
10% cut in Hearst Castle tours.
13. CITY COUNCIL MEMBER ITEMS
None.
14. CITY MANAGER ITEMS
City Manager Adams reported that the City Engineer has received Tract Map 2240,
owned by the Zaddie R. Bunker Trust. The subject tract is located at 410 South Elm
Street, just south of the South Elm/Fair Oaks intersection. This Tract Map is a split of
one parcel of 40,494 square feet in size into nine (9) separate lots ranging from 4,003 to
6,747 square feet in size. Eight duplex units and one single unit will be constructed on
the site. This is consistent with Conditional Use Permit 97-553, which was processed
concurrently with the Tract Map. The current zoning for this tract is Multi-family. Unless
appealed, the City Engineer will approve the Final Map within ten days following the
date of this agenda.
15. COUNCIL COMMUNICATIONS
None.
16. STAFF COMMUNICATIONS
City Manager Adams reminded the Council of the Housing Workshop to be held on
September 12, 2002 in San Luis Obispo. He also reported that the City would be
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AUGUST 27, 2002
PAGE 9
showing the Police Department's "Every 15 Minutes" program on the government
access channel.
17. ADJOURNMENT
Mayor Lady adjourned the meeting at 10:20 p.m.
ATTEST:
~AL
Kelly W tmor , Director of Administrative Services!
Deputy City Clerk