Minutes 2003-09-23
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 23,2003
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 Lubin, Runels, Costello, Mayor Pro Tern Dickens,
and Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Director of Public Works
Spagnolo, Director of Community Development Strong, Director of
Parks, Recreation and Facilities Hernandez, Associate Planner
Heffernon, and Associate Planner McClish.
3. FLAG SALUTE
Members of Boy Scout Troop 489 led the Flag Salute.
4. INVOCATION
Pastor George Lepper, Peace Lutheran Church, Arroyo Grande, delivered the
invocation.
5. SPECIAL PRESENT A TIONS
S.a. Presentation by Kirstin Barrett and Kristian Olsen, Arroyo Grande High
School Student Representatives to the Annual League of California Cities
Conference September 7 -10, 2003 in Sacramento.
Following presentations by Kirstin Barrett and Kristian Olsen regarding their experiences
at the Annual League of California Cities Conference, Mayor Ferrara presented them
with Mayor's Commendations for representing the City of Arroyo Grande at the Annual
Conference held in Sacramento.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Costello moved, Mayor Pro Tern Dickens 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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7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Allyson Nakasone, on behalf of Environmental Center of San Luis Obispo (ECOSLO),
spoke of the loss of agricultural land to development and erosion and stressed the
importance of preserving farmland. She announced the launch of a campaign for
"Keeping the Ag in A.G." and passed out campaign stickers to the Council.
8. CONSENT AGENDA
Council Member Lubin pulled Item 8.1. and Council Member Runels pulled Item 8.n. from
the Consent Agenda.
Council Member Runels moved, and Council Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8.0., with the exception of Items 8.1. and
B.n., with the recommended courses of action. City Attorney Carmel read the Ordinance
title for Item 8.0. The motion carried on the following roll-call vote:
AYES: Runels, Costello, Lubin, Dickens, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period August 16.
2003 - August 31,2003.
8.b. Consideration of Cash Flow Analysis/ApprovaJ of Jnterfund Advance from
the Water Facility Fund.
Action: Received and filed the August 2003 cash report and approved the
interfund advance from the Water Facility Fund to cover cash deficits in other
funds at August 31,2003.
8.c. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of August
31,2003.
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council Meeting of August 12,
2003 and the Regular City Council/Redevelopment Agency Meeting of August 26,
2003, as submitted.
8.e. Consideration of Council Appointment to the Downtown Parking Advisory
Board.
Action: Approved the appointment of Eddie EI-Helou to the Downtown Parking
Advisory Board, as recommended by Council Member Costello.
8.f. Consideration of the Purchase of Security Systems for City Hall and Council
Chambers.
Action: 1) Approved the allocation of $4,200 from reserves to purchase security
systems for City Hall and the Council Chambers; and 2) Authorized staff to enter
an agreement with Great Western Alarm for purchase and maintenance of the
systems.
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8.g. Consideration of Waiver of Fees for Arroyo Grande Valley Little League
Baseball.
Action: Approved the waiver of $2,499.00 in fees for field preparation for Arroyo
Grande Little League.
8.h. Consideration of Resolution Authorizing Application for Per Capita Grant
Funds.
Action: Adopted Resolution No. 3707 authorizing staff to apply for grant funds
from the Per Capita Grant Program under the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Act of 2002.
8.1. Consideration of Authorization to Solicit Bids - Contracted Custodial
Services.
Action: Authorized staff to solicit bids to contract for custodial services for all City
facilities.
8.j. Consideration of Disadvantaged Business Enterprise (DBE) Program for
FFY 2003/04.
Action: Approved the DBE Program for Federal FY 2003-04 and submit to
Caltrans by October 1, 2003.
8.k. Consideration to Adopt the Storm Water Management Plan and
Authorization to Submit to the Regional Water Quality Control Board.
Action: 1) Adopted Resolution No. 3708 adopting the Storm Water Management
Plan (SWMP); 2) Appropriated $1,500 from the General Fund in FY 2003-04 and
$3,000 in FY 2004-05; and 3) Directed staff to submit the SWMP to the Regional
Water Quality Control Board by October 30, 2003.
8.m. Consideration of Resolution Granting a One-Year Time Extension for
Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001;
Camino Mercado and West Branch Street.
Action: Adopted Resolution No. 3709 approving a one-year time extension for
Conditional Use Permit 99-013 and Variance 01-001.
8.0. Consideration of Ordinance to Amend the Zoning Map to Prezone to Public
Facilities the Proposed St. John's Church Annexation, Development Code
Amendment Case No. 03-004.
Action: Adopted Ordinance No. 546 amending Development Code Amendment
03-004 to amend a portion of the zoning map to prezone to Public Facilities (P F )
all properties within the proposed St. John's Church annexation to the City of
Arroyo Grande.
8.1. Consideration of Museum Annex (Barn) Color, 127 Short Street, Conditional
Use Permit No. 02-010.
Recommended Action: Approve the exterior color of the Museum Annex and
defer consideration of window shutter versus metal awning details to November
25, 2003.
Council Member Lubin referred to the staff report and stated that the building color was
to be brought back to the Council for approval prior to its application. He commented
that proposed paint and/or stain colors were not brought back to the Council for
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SEPTEMBER 23, 2003
PAGE 4
approval, putting the Council in an awkward position for approving the color after it had
already been applied. He expressed his dissatisfaction with the management of the
South County Historical Society who moved forward without first obtaining Council
approval.
Mayor Pro Tern Dickens moved to approve staff's recommendation. to approve the
exterior color of the Museum Annex and defer consideration of window shutter versus
metal awning details to November 25, 2003. Council Member Costello seconded the
motion, and on the following roll-call vote, to wit:
AYES: Dickens, Costello, Rune/s, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
B.n. Consideration of Ordinance to Prohibit Parking in Front (Street) Yards.
Recommended Action: Adopt an Ordinance amending Municipal Code Section
10.16.010.B in Title 10 and Section 16.56.030 in Title 16 to prohibit parking in
front (street) yards.
Council Member Runels expressed concerns regarding the lack of street parking in
some neighborhoods in the City and the impact of the Ordinance in those areas.
Council Member Rune/s moved to adopt Ordinance No. 545 amending Municipal Code
Section 10.16.01 O.B. in Title 10 and Section 16.56.030 in Title 16 to prohibit parking in
front (street) yards. Council Member Lubin seconded the motion, and on the following
roll-call vote, to wit:
AYES: Runels, Lubin, Costello, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARINGS:
9.a. Consideration Concerning Use of State 2003-04 Citizens Option for Public
Safety (COPS) Funds.
Chief of Police TerBorch presented the staff report and recommended the Council 1)
Approve the expenditure of $100,000 as authorized by the State for law enforcement
services under the Citizens Option for Public Safety (COPS) Program; and 2) Authorize
the expenditure of $3,800 carried over from the City's FY 2002-03 COPS Program.
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Mayor Ferrara opened the public hearing, and upon hearing no public comments, he
closed the public hearing.
Council Member Costello moved to approve the expenditure of $100,000 as authorized
by the State for law enforcement services under the Citizens Option for Public Safety
(COPS) Program; and authorize the expenditure of $3,800 carried over from the City's
FY 2002-03 COPS Program. Council Member Lubin seconded the motion, and on the
following roll-call vote, to wit:
i
AYES: CQstello, Lubin, Runels, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
9.b. Consideration of the Final Environmental Impact Rep~rt (FEIR) for
Conditional Use Permit No. 01-001 and Vesting Tentative Tract Map No. 01-
002 (Creekside Center).
Associate Planner Heffernon presented the staff report and recommended the Council
review supplemental traffic and historical information prepared for the Creekside Center
Final Environmental Impact Report (FEIR); and adopt a Resolution certifying the FEIR as
being adequate and complete pursuant to the requirements of the California
Environmental Quality Act (CEQA).
Mayor Ferrara opened the public hearing.
Scott Wachenheim, vice-chairman of Preserve The Village, provided comments and
questions concerning the historical resources in the Creekside Center project, especially
the question of re-use of the grain warehouse. He submitted written comments on the
Final EIR for the Creekside Center project for the record (on file in the Administrative
Services Department.)
Chuck Fellows, chairman of Preserve The Village, expressed misgivings concerning the
supplemental traffic analysis and stated that it seems traffic will be worse than what the
expert proposes. He also expressed concerns and requested clanfication regarding
statements made by Mr. Chattel regarding the historical resources on the site.
Dan Dawson, ATE, clarified information regarding traffic generation based on use, and
responded to questions from Mayor Pro Tern Dickens regarding project trip distribution
to Le Point Avenue.
Robert Chattel, consultant, addressed concerns expressed by previous public speakers
and provided clarification with regard to the modification of Alternative 2 which provides
for the adaptive re-use of the grain warehouse.
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Joseph Boud, design planner, suggested that all concerns have been addressed and
alternatives identified. He stated he was anxious to present the project following
certification ofthe FEIR, and urged Council approval of the FEIR.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Following Council comments, Council Member Costello moved to adopt.a Resolution, as
amended to include the Planning Commission recommended modifications to Alternative
2, certifying the FEIR as being adequate and complete pursuant to the requirements of
the California Environmental Quality Act (CEQA). Council Member Lubin seconded the
motion, and on the following roll-call vote, to wit:
AYES: Lubin, Costello, Runels, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Mayor Ferrara called a break at 9:40 p.m. The Council reconvened at 9:50 p.m.
9.c. Continued Public Hearing - Consideration of General Plan Amendment 03-
002; Amending the land Use Map to Change the Land Use Designation for
Four Properties to Agriculture and Modification of Language in the Land
Use Element, and Amending the Agriculture, Conservation and Open Space
Element to Revise Implementation Policy for Mitigation of Converted
Agricultural lands.
Associate Planner McClish presented the staff report and recommended the Council 1)
Adopt a Resolution approving General Plan Amendment 03-002 amending the land use
map to change the land use designation of four parcels to Agriculture, modification of
language in the Land Use Element; and amending the Agriculture, Conservation and
Open Space Element to revise implementation policy for mitigation of converted
agricultural I, as recommended by Planning Commission; and 2) Continue General Plan
Amendment 03-003 and Development Code Amendment 03-005 to November 25,2003.
Mayor Ferrara opened the public hearing.
Fred Bauer, Arroyo Grande, stated he was a proponent of smart-growth principles. He
suggested town hall meetings to gather additional community input with regard to the
zoning of the properties in question. He stated he did not see a need for rezoning any of
the parcels.
Bill McCann, Arroyo Grande, applauded the City's efforts to preserve the City's prime
agricultural lands. He displayed an aerial photo of the Vanderveen property which
showed the property previously in agricultural production and commented that the
property has served as a buffer since the late 70's.
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Wayne Kin~, representing the Vanderveen property, stated the Vanderveen property
does not have prime soils. He opposed converting the zoning back to Agriculture.
Bruce Vanderveen, Arroyo Grande, spoke in opposition to converting the zoning of his
property back to Agriculture.
Ed Dorfman, Arroyo Grande, referred to his ten acres on E. Cherry Avenue and spoke
regarding smart growth principles. He stated the property is in..:fill and should be used for
urban uses. He opposed a zoning conversion back to Agriculture.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Following Council comments, Council Member Costello moved to adopt a Resolution
approving General Plan Amendment 03-002 amending the land use map to change the
land use designation of four parcels to Agriculture, modification of language in the Land
Use Element; and amending the Agriculture, Conservation and Open Space Element to
revise implementation policy for mitigation of converted agricultural I, as recommended
by Planning Commission, and continue General Plan Amendment 03-003 and
Development Code Amendment 03-005 to November 25, 2003. Mayor Pro Tern
Dickens seconded the motion, and on the following roll-call vote, to wit:
AYES: Costello, Dickens, Ferrara
NOES: Lubin, Runels
ABSENT: None
There being 3 A YES and 2 NOES, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
10.a. Consideration of Approval of the EI Campo Road/Route 101 Project Study
Report - Project Development Support (PSR-PDS).
Director of Public Works Spagnolo presented the staff report and recommended the
Council approve the EI Campo Road/Route 101 Project Study Report - Project
Development Support (PSR-PDS) and direct staff to request funding from the San Luis
Obispo Council of Governments (SLOCOG) for project approval and environmental
document.
Matthew Griggs, Dokken Engineering, gave a presentation on the EI Campo Road/US
101 Interchange Project Study Report (PSR) which provided information on the project
team, project background, project overview, project development process and tentative
schedule, an overview of project alternatives, the range of construction costs for each
project alternative, and project approval and environmental document costs.
James Worthley, SLOCOG representative, gave an overview of the status of STIP
funding and expressed concerns regarding the fundability of this project.
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Mayor Ferrara opened up the item for public comment.
Ron Bryant, Falcon Ridge resident, stated that any alternative other than #2 would
destroy the quality of life for three neighboring tracts.
Steve Ross, Arroyo Grande, asked if any of the alternatives would relieve traffic on Fair
Oaks/Traffic Way.
Vernon Frederick, Pismo Beach, spoke in support of approving the EI Campo/US 101
PSR.
Marie Cattoir, Arroyo Grande, asked if a bond issue would be contemplated if no funding
were available for the project. She expressed concerns with regard to the cumulative
impacts of bond payments on property owners.
Upon hearing no further public comments, Mayor Ferrara closed the floor to public
comment and brought the item back to Council for consideration.
Mayor Pro Tern Dickens moved to approve the EI Campo Road/Route 101 Project Study
Report - Project Development Support (PSR-PDS). Council Member Runels seconded
the motion.
Council Member Lubin asked if the motion included direction to staff to request funding
from SLOCOG for project approval and environmental document. Discussion ensued
with regard to prioritization of existing City projects and related funding requests. Mr.
Worthley indicated that he would advise SLOCOG that the Brisco/101 PSR remained the
higher priority for the City. Mayor Pro Tern Dickens agreed to amend the motion to
include direction to staff to request funding from SLOCOG for project approval and
environmental document as well as to research alternative funding strategies for this
project. Council Member Runels seconded the amended motion, and on the following
roll-call vote, to wit:
AYES: Dickens, Runels, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11. NEW BUSINESS
None.
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1 ) San Luis Obispo Council of Governments/San Luis Obispo RegionaJ
Transit Authority (SLOCOG/SLORT A). No report.
(2) Integrated Waste Management Authority (IWMA). No report.
(3) Other. None.
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PAGE 9
b. MAYOR PRO TEM JIM DICKENS:
(1 ) South County Youth Coalition. No report.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Gave
an update on the status of the District's co-generation project; and gave a
status report on the issue of the Bio-Solids ordinance.
(3) Other. None.
c. COUNCIL MEMBER THOMAS A. RUNELS:
(1 ) Zone 3 Water Advisory Board. Gave a report on the membrane filtration
system related to the upgrade of the water treatment plant.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
d. COUNCIL MEMBER SANDY LUBIN:
(1 ) South County Area Transit (SCAT). No report.
(2) Economic Vitality Corporation (EVC). Reported that business travel is
down 50% in San Luis Obispo; and the FY 2003-04 Work Plan was
presented (copies were provided to Council).
(3) Other. None.
e. COUNCIL MEMBER JOE COSTELLO:
(1 ) Air Pollution Control District (APCD). Meets tomorrow.
(2) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
1) Council Member Costello announced he would not be present at the October 14,
2003 City Council Meeting. 2) Council Member Lubin announced he would be out of
town during the next two weeks; however, he would be at the October 14th Council
meeting. 3) Mayor Pro Tern Dickens also reported that the San Luis Obispo County
Sanitation District Board received a report on the Collection System Capacity Study
- Update for the Farroll Avenue Development, and the Board authorized staff to begin
preliminary analysis and design of the "Bakeman Trunk Sewer Line Expansion". He
provided City Manager Adams with a copy of the report.
16. STAFF COMMUNICATIONS:
City Manager Adams reminded the Council and the public about the Harvest Festival
activities on September 26-2ih and the Rancho Grande Park Grand Opening Ceremony
on Saturday, October 4th from 10:00 a.m. to 1 :00 p.m.
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PAGE 10
17. COMMUNJTY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 11 :01 p.m.
e, Director of Administrative Servicesl
Deputy City Clerk
(Approved at CC Mtg 10/1'1/03 )