Minutes 2007-06-12MINUTES
REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, JUNE 12, 2007
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 7:00 p.m.
2. ROLL CALL
City Council/RDA: Council/Board Members Chuck Fellows, Jim Guthrie, Joe Costello, and
Mayor/Chair Tony Ferrara were present. Mayor Pro Tem/Vice Chair Ed
Arnold was absent.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Interim Chief of Police
Steve Andrews, Director of Building and Fire Mike Hubert, Director of
Financial Services Angela Kraetsch, Director of Public Works Don
Spagnolo, Director of Parks, Recreation and Facilities Doug Perrin, and
Acting Community Development Director Teresa McClish.
3. FLAG SALUTE
John Stobbe, representing the Knights of Colombus, led the Flag Salute.
4. INVOCATION
Dr. Mayer-Harnish, Bahai Faith, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW '
6.a. Ordinances Read in Title Only.
Council Member Costello moved, Council Member Guthrie seconded, and the motion passed
unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in
title only and all further reading be waived.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Sean Collins, representing KidsLife, a 501 c3 non-profit organization, spoke about the
organization's mission to promote fitness and nutrition for kids and parents. He stated the
organization was forming a local unit and looking for City involvement. Mayor Ferrara invited Mr.
Collins to follow up with the City Manager.
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. No public comments were received.
Council/Board Member Costello pulled Item 8.c. and declared a conflict of interest due to
ownership of real property.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, June 12, 2007
Page 2
Action: Council/Board Member Fellows moved, and Council/Board Member Guthrie seconded
the motion to approve Consent Agenda Items 8.a. through 8.h., with the exception of Item 8.c.,
with the recommended courses of action. City Attorney Carmel read the Ordinance title in Item
8.h. The motion passed on the following roll-call vote:
AYES: Fellows, Guthrie, Costello, Ferrara
NOES: None
ABSENT: Arnold
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 16, 2007 through
April 31, 2007.
8.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special (Closed Session) City Council Meeting of
May 8, 2007 and the Regular City Council/Redevelopment Agency Meeting of May 8,
2007, as submitted.
8.d. Consideration of Agreement of Consultant Services for Audit Services.
[COLINCIL/RDA]
Action: Authorized the Mayor/Chair to enter into athree-year consultant services
agreement with the audit firm of Moss, Levy & Hartzheim, Certified Public Accountants.
8.e. Consideration of Confirmation of Appointment of Interim Chief of Police.
Action: Confirmed the appointment of Steve Andrews as the Interim Chief of Police.
8.f. Consideration of Appropriation of Funds for Safety Netting at Porter Baseball Field.
Action: Appropriated Parkside Assessment District funds for installation of concrete, poles
and safety netting between Porter Baseball Field and Parkside Park.
8.g. Consideration of a Resolution Accepting Public Improvements and Easements for
Conditional Use Permit 00-019 and Parcel Map AG 00-301, Located at the South East
Corner of South Courtland Street and East Grand Avenue, Constructed by E.F.
Moore and Company.
Action: Adopted Resolution No. 4018 as follows: "A Resolution of the City Council of
the City of Arroyo Grande Accepting the Public Improvements and Easements for
Conditional Use Permit 00-019 and Parcel Map AG 00-301, Located at the Southeast
Corner of South Courtland Street and East Grand Avenue, Constructed by E.F.
Moore and Company".
8.h. Consideration of Adoption of an Ordinance Amending Chapter 16.60 of the Arroyo
Grande Municipal Code Regarding Signs.
Action: Adopted Ordinance No. 590 as follows: "An Ordinance of the City Council of
fhe City of Arroyo Grande Amending Chapter 16.60 of the Arroyo Grande Municipal
Relating to Signs".
Council Member Costello stepped down from the dais on Item 8.c. due to a conflict of interest.
Action: Council Member Guthrie moved, and Council Member Fellows seconded the motion to
approve Consent Agenda Item 8.c, with the recommended course of action. The motion passed
on the following roll-call vote:
Minutes: City Council/Redevelopment Agency Meeting Page 3
Tuesday, June 12, 2007
AYES: Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Arnold
ABSTAIN: Costello
8.c. Consideration of Confirmation of Assessments for Tracts 1158, 1769, 2310, and
2236.
Action: 1) Adopted Resolution No. 4014 as follows: "A Resolution of the City Council
of the Cify of Arroyo Grande Confirming Landscaping Assessments for All Parcels
Within Tract 1158'; 2) Adopted Resolution No. 4015 as follows: "A Resolution of the
City Council of the City of Arroyo Grande Confirming Landscaping and Lighting
Assessments for All Parcels Within Tract 1769; 3) Adopted Resolution No. 4016 "A
Resolution of the City Council of the City of Arroyo Grande Confirming the
Assessments for the Parkside Assessment District for All Parcels Within Tract 2310
(Parkside Village Subdivision)"; and 4) Adopted Resolution No. 4017 as follows: "A
Resolution of the City Council of the City of Arroyo Grande Confirming the
Assessments for the Grace Lane Assessment District for All Parcels Within Tract
2236 (Grace Lane Subdivision)".
Council Member Costello returned to the dais.
9. PUBLIC HEARINGS
9.a. Consideration of Development Code Amendment No. 08-004 to Change the Zoning
of the Subject Property from Residential Rural (RR) to Single Family Residential
(SF); Applicant -City of Arroyo Grande; Location - 12.77 Acres North of East
Cherry Avenue Extension (Subarea 2 of the East Village Neighborhood Plan).
In response to a request by key residents directly impacted by the proposal, Associate Planner
Heffernon recommended the Council continue the public hearing to the July 10, 2007 meeting.
Mayor Ferrara opened the public hearing. No comments were received.
Council Member Costello moved to continue the public hearing to the July 10, 2007 City Council
meeting. Council Member Fellows seconded, and the motion passed on the following roll call
vote:
AYES: Costello, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: Arnold
Mayor Ferrara requested, and the Council concurred, to consider Item 11.a. prior to Item 9. b.
11. NEW BUSINESS ITEMS
11.a. Consideration of FY 2007-08/FY 2008-09 Bi-Annual Budget. [COUNCIL/RDA]
City Manager Adams presented the staff report and recommend the Council: 1) Adopt the
attached resolution approving the FY 2007-08/FY 2008-09 Bi-Annual Budget; and 2) Approve the
Minutes: City Council/Redevelopment Agency Meeting Page 4
Tuesday, June 12, 2007
proposed changes to the City's Fiscal Policies to maintain a minimum Fund Balance reserve of
15% of expenditures in the General Fund and an ongoing goals of 20%, and to pre-fund
employee retirement medical benefit costs.
Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on the
matter, and upon hearing no public comments, he closed the public comment period.
Action: Council/Board Member Costello moved to adopt a Resolution as follows: "A Resolution
of the City Council of the City of Arroyo Grande Adopting Fiscal Years 2007-08 & 2008-09
Bi-Annual Budget and Making Appropriations for the Amount Budgeted". Council/Board
Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Arnold
Action: Council/Board Member Costello moved to approve the changes to the City's Fiscal
Policies. Council/Board Member Guthrie seconded, and the motion passed on the following roll
call vote:
AYES: Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Arnold
9. PUBLIC HEARINGS
9.b. Consideration of Proposed Resolution of the City Council to Amend the
Conservation Element of the General Plan for Creek Protection Related Policies
(General Plan Amendment 07-001) and Proposed Ordinance Amending Portions of
Arroyo Grande Municipal Code Chapters 16.04 and 16.44 of Title 16 to Implement
Creek Setback Standards (Development Code Amendment 07-003).
Acting Community Development Director McClish presented the staff report and recommended
the Council: 1) Adopt Resolution to amend and add policies to the Agriculture, Conservation and
Open Space Element of the General Plan regarding creek protection; 2) Introduce Ordinance to
Amend Title 16, implementing creek setback standards for all creeks in the City of Arroyo Grande;
and 3) Provide staff direction on other recommendations in the draft Creek Resources Protection
Study.
Council comments and questions ensued concerning types of open fencing that could be built in
the setback areas that would not obstruct water flow; clarification concerning averaging of setback
distances within the Village zoning districts; clarification on who determines when the top of bank
is indistinguishable; whether the NRCS and RCD had reviewed the proposal; and clarification
concerning modifications to legal non-conforming structures within the setback areas.
Mayor Ferrara opened the public hearing
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Tuesday, June 12, 2007
Chris Diedrickson, Newman Drive, expressed concerns about creek bank erosion problems on
property behind his residence and also expressed concerns about debris being left in the creek by
clean-up crews.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments and discussion ensued concerning the focus on protecting creeks to provide
valuable aesthetic, biological, cultural, economic, flood control, open space resources in the City;
that it is critical to establish measurable and definable creek setbacks; that the measures
identified in the draft Creek Resource Protection Study for implementation of setbacks is in
conjunction with the existing floodplain management regulations; that the variance process is
available to deviate from the setback requirements under certain circumstances;
acknowledgement that this issue is driven by past flooding events in the Oceano area and a need
for a better approach to address Arroyo Grande watershed issues; support for maintaining a
minimum setback of 25 feet; acknowledgement of Teresa McClish's extensive work on the creek
study; the importance of keeping sediment out of the creeks; support for expanding the definition
of "top of bank" as presented in the staff report; support for adding Policy C/OS2-1.13 which
requires that discretionary projects, to the maximum extent practicable, maintain or increase the
site's pre-development absorption of runoff to recharge groundwater; support for providing an
average setback of 35 feet, where no portion of the setback is less than 25 feet within a proposed
project area, within the Village zoning districts; support for Policy C/OS2-1.2 which states that
bridges are preferred over arched or piped culverts; support for modifying Policy C/OS2-1.3 to
strike the last sentence; a history of flooding and creek maintenance issues faced by Zone 1/1A;
emphasizing the importance of a good maintenance policy for the entire watershed and
recognizing that the issue is not only about setbacks; that this is a comprehensive approach to
address issues relating to water quality, vegetation removal, erosion control, bank stabilization,
and drainage and runoff.
Action: Council/Board Member Costello moved to adopt a Resolution as follows: "A Resolution
of the City Council of the City of Arroyo Grande Approving General Plan Amendment Case
No. 07-001, to Amend the 2001 General Plan Conservation Element for Creek Protection
Related Policies", with the modification to Policy C/OS2-1.3 to strike the last sentence.
Council/Board Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Arnold
Action: Council/Board Member Costello moved to introduce an Ordinance as follows: `An
Ordinance of the City Council of the City of Arroyo Grande to Approve Development Code
Amendment 07-003 Amending Portions of Arroyo Grande Municipal Code Chapters 16.04
and 16.44 of Title 16 to Establish Creek Sefback Standards'; as amended to include the
expanded language in the definition of "top of bank" as proposed. Council/Board Member Fellows
seconded, and the motion passed on the following roll call vote:
Minutes: City Council/Redevelopment Agency Meeting Page 6
Tuesday, June 12, 2007
AYES: Costello, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: Arnold
Action: Council/Board Member Costello moved to direct staff to continue working on the
remaining recommendations identified in the draft Creek Resources Protection Study.
Council/Board Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Arnold
10. CONTINUED BUSINESS ITEM
None.
12. CITY COUNCIL MEMBER ITEMS
Request to place on future agenda consideration of eliminating Viewshed Review
Process. (FELLOWS)
Council Member Fellows requested, and the Council concurred, to place on a future agenda
discussion and consideration of eliminating the viewshed review process.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Mayor Ferrara congratulated the Police Department on the Special Olympics Torch Run;
announced the League of California Cities Channel Counties Division meeting to be held on
Friday, June 15'" in Goleta; and reported that he met with representative from Investec regarding
proposals associated with the Five Cities Center, and that he had encouraged the representative
to contact the Council Members individually to schedule tours of the property.
15. STAFF COMMUNICATIONS
City Manager Adams confirmed that the City Council Budget Workshop has been scheduled for
May 29~h at 6:00 p. m. in the Council Chambers.
16. COMMUNITY COMMENTS AND SUGGESTIONS
John Keen, N. Elm Street, expressed concern about eliminating the viewshed review ordinance
and noted that the process provides a forum to accommodate all parties involved.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:20 p.m.
Minutes: City CounciURedevelopment Agency Meeting
Tuesday, June 12, 2007
Tony Ferrar or/Chair
ATTEST:
~Zs1~l~Lto/Lst-
Kelly Wetm re, ty Clerk/Agency Secretary
(Approved at CC Mtg b'1b aau71
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