Minutes 2002-12-10
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, DECEMBER 10, 2002
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. I
2. ROLL CALL
City Council: Council Members Dickens, Lubin, Costello, Mayor Pro Tem
Runels, 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 Building and Fire Fibich, Director of Parks,
Recreation, and Facilities Hernandez; Director of Financial
Services Snodgrass, and Director of Community Development
Strong.
3. FLAG SALUTE
Kendra Kimlinger, representing Rotary Club of Arroyo Grande, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Dickens moved, Mayor Pro Tem Runels 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
Kristen Fellows, Arroyo Grande, addressed issues regarding the public comment
portion of Council meetings and stated that the Council should be addressed
objectively as a group and speakers should speak for or against an issue and not
about a specific person on the Council. She submitted her written comments for the
record.
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Karen Grotelutian, Arroyo Grande, addressed the issue of citizen access to public
forums and referred to recent letters to the editor in the local newspaper. She
inquired as to the City's policies regarding public speaking at Council meetings.
William Beeman, Arroyo Grande, spoke in opposition of the development of prime
agricultural farmland.
8. CONSENT AGENDA
Council Member Lubin requested Items 8.1. and 8.j. be pulled for a separate roll-call
vote due to a potential conflict of interest.
Mayor Pro Tern Runels moved, and Council Member Dickens seconded the motion
to approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.1.
and 8.j., with the recommended courses of action:
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period November
16,2002 through November 30,2002. I
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8.b. Statement of Investment Deposits.
Action: Received and file the report of current investment deposits as of
November 30, 2002.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council
Meetings of November 26, 2002 and the Special City Council Meeting of
December 3, 2002 as submitted.
8.d. Consideration of Appointment to Planning Commission.
Action: Approved the recommendation of Mayor Ferrara to appoint Ed Arnold
to the Planning Commission, replacing Joe Costello.
8.e. Consideration of Authorization to Solicit Bids - Tractor.
Action: Authorized staff to solicit bids for purchase of a tractor.
8.f. Consideration of Authorization to Refund Application Fees for
Conditional Use Permit 02-010 for the South County Historical Society's
Proposed Museum Display and Storage Barn in Village Green, 127 Short
Street.
Action: Approved request to waive the fees for Conditional Use Permit 02-
010.
8.g. Consideration of Temporary Short Term Closure of Courtland Street
South of East Grand Avenue; January 6-17,2003.
Action: Approved request for temporary closure to facilitate excavation and
grading for Poplar Ponding Basin expansion during the period from January 6
through January 17, 2003.
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8.h. Consideration of Declaration of Surplus Property.
Action: 1) Adopted Resolution No. 3637 declaring used vehicles, equipment
and miscellaneous items as surplus and authorize their sale, and 2)
Authorized the City Manager to sign the auction contract with Bill Phelps
Auction Services.
8.k. Consideration to Award Contract for the Spruce and Cedar Streets
Sidewalks Project, PW-2002.05.
Action: 1) Awarded a construction contract for the Spruce and Cedar Street
Sidewalks Project to Maino Construction Company in the amount of
$90,481.00; 2) Authorized the City Manager to approve change orders not to
exceed the contingency of $9,048.00 for use only if needed for unanticipated
costs during the construction phase of the project; 3) Accepted Grant Deeds
from five property owners on Spruce Street; and 4) Directed staff to issue the
Notice of Award to Proceed with other necessary contract documents.
8.1. Consideration to Award Contract for the Scenic Creekside Walk - Phase
III, Project No. PW2002..Q2.
Action: 1) Awarded a construction contract for the Scenic Creekside Walk -
Phase III Project to Maino Construction Company in the amount of
$280,704.20; 2) Authorized the City Manager to approve change orders not to
exceed the contingency of $28,074.20 for use only if needed for unanticipated
costs during the construction phase of the project; 3) Transferred $40,150 of
Park Development Funds and $27,913.60 of the Downtown Parking Fund into
the Scenic Creekside Walk project; and 4) Directed staff to issue the Notice of
Award to Proceed with other necessary contract documents.
8.m. Consideration of a Resolution of the City Council Supporting the
. Allocation of Proposition 50 Funds.
Action: Adopted Resolution No. 3638 supporting the allocation of Proposition
50 Funds.
8.n. Consideration of Progress Payment No. 1 (Final), Notice of Completion,
and Release of Retention for the Tally Ho Creek Flood Barrier Project -
PW-2002.06.
Action: 1) Authorized Progress Payment No. 1in the amount of $22,392.00 to
D-KAL Engineering for the Tally Ho Creek Flood Barrier Project; 2) Directed
staff to file a Notice of Completion; and, 3) Authorized release of the retention
of $2,488.00, thirty-five (35) days after the Notice of Completion has been
recorded, if no liens have been filed.
On the following roll-call vote, to wit:
AYES: Runels, Dickens, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
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There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Mayor Pro Tem Runels moved, and Council Member Costello seconded the motion
to approve Consent Agenda Items 8.i. and 8.j., with the recommended courses of
action:
8.L Consideration of Progress Payment No. 4 for the Rancho Grande Park
Project, PW 2002-03.
Recommended Action: Authorize Progress Payment No.4 in the amount of
$93,108.79 to Herrera Engineering, Inc. for the Rancho Grande Park Project.
8.j. Consideration of a Contract Amendment for Construction Observation
Services for the Rancho Grande Park Project, PW.2002-03.
Recommended Action: Authorize the Mayor to execute an amendment to the
consultant services agreement with RRM Design Group in the amount of
$15,000 for the Rancho Grande Park Project, PW-2002-03.
On the following roll-call vote, to wit:
AYES: Runels, Costello, Dickens, Ferrara
NOES: None
ABSENT: Lubin
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
9. PUBLIC HEARING:
9.a. Consideration of Amendment to the Cable Franchise Agreement with
Charter Communications.
City Manager Adams presented the staff report and recommended the Council
approve an amendment to the Cable Franchise Agreement with Charter
Communications, extending the term of the Agreement by three years in exchange
for the installation of a fiber optic institutional network (I-Net) connecting City facilities,
and appropriate $9,000 for the purchase of equipment to activate the network. Brian
Davis, representing the San Luis Obispo County Information Technology Division
responded to questions from Council.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he
closed the public hearing.
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Council Member Lubin moved to approve an amendment to the Cable Franchise
Agreement with Charter Communications, extending the term of the Agreement by
three years in exchange for the installation of a fiber optic institutional network (I-Net)
connecting City facilities, and appropriate $9,000 for the purchase of equipment to
activate the network. Council Member Dickens seconded the motion, and on the
following roll-call vote, to wit:
AYES: Lubin, Dickens, Runels, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
10.a. Consideration of an Ordinance Amending Municipal Code Chapter 13.24.
Director of Public Works Spagnolo presented the staff report and recommended the
Council introduce an ordinance amending Municipal Code Chapter 13.24
"Excavation, Grading, Erosion and Sediment Control".
Mayor Ferrara opened the item for public comments, and upon hearing none, brought
the item back to Council for consideration.
Council Member Dickens moved to introduce an ordinance amending Municipal Code
Chapter 13.24 - "Excavation, Grading, Erosion and Sediment Control". Mayor Pro
Tem Runels seconded the 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.
10.b. Consideration of Resolution Approving a Memorandum of Agreement
(MOA) Regarding Sphere of Influence Update and Municipal Service
Review.
Director of Community Development Strong presented the staff report, recommended
the Council adopt a resolution approving a Memorandum of Agreement (MOA)
between the City of Arroyo Grande and the County of San Luis Obispo regarding
LAFCO update of the City's Sphere of Influence and Municipal Service Review or
CITY COUNCIL MINUTES
DECEMBER 10, 2002
PAGE 6
provide direction on requested changes for approval at the January 14, 2003 City
Council Meeting, and responded to questions from Council.
Mayor Ferrara opened the item for public comment.
Tobie Charles, Arroyo Grande, spoke in opposition to the resolution approving a
Memorandum of Agreement regarding Sphere of Influence Update and Municipal
Review and submitted his written comments for the record.
Council discussion and comments followed. During discussion, the Council approved
a modification to the MOA which included a revision to #6 in Exhibit B to read as
follows: "Agriculture and Open Space. To the greatest extent possible, the City and
the County shall work together to preserve the agricultural and open space resources
in the SOl area and Planning Area, particularly the portion south of and surrounded
by the City Limits."
Council Member Lubin moved to adopt a Resolution approving a MOA between the
City of Arroyo Grande and County of San Luis Obispo regarding LAFCO update of
the City's Sphere of Influence and Municipal Service Review, as amended. Council
Member Costello seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Costello, Dickens, Ferrara
NOES: None ,
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ABSENT: None
ABSTAIN: Runels I
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There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
(Note: Pursuant to K., Policy/Procedure for Conducting City Council Business, any
Council Member who abstains from voting without stating a valid reason shall be I
deemed to have voted with the majority on that particular issue). I
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10.c. Consideration of Report on Village Billboard Sign. ,
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Recommended Action: Receive and file report regarding City initiated I
investigation of billboard conformity status. I
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Director of Community Development Strong provided a summary and status report I
on the City's efforts to remove or relocate the existing billboard in the Village area. I
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Mayor Ferrara opened the item for public comment and upon hearing none, brought I
the item back to the Council for consideration. I
The Council received and filed the report.
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11. NEW BUSINESS
11.a. Consideration of Interim Urgency Ordinance or Standard Ordinance
Suspending Development Applications For Development of Any Prime
Farmland Soils.
Director of Community Development Strong presented the staff report and
recommended the Council consider the following alternative methods to prevent
possible "Prime Agricultural Land Conversion": 1) Adopt an Interim Urgency
Ordinance and direct staff to immediately prepare a study considering all
ramifications of allowing development of prime farmland soils; or 2) Introduce an
Ordinance suspending development applications for development of any prime
farmland soils for a 180 day period and direct staff to prepare a study considering all
ramifications of allowing the development of prime farmland soils.
Mayor Ferrara opened the item for public comment.
Adam Saruwatari, Arroyo Grande, stated that his parents owned and operated a
farming operation within the City and underscored the importance of agricultural
buffer zones; and supported the proposed action.
Byron Grant, Arroyo Grande, referred to the update of the General Plan and stated
he was confused as to why this issue needs to be revisited.
Bill McCann, Arroyo Grande, stated this item was not discussed thoroughly in the
General Plan Update and should be studied specifically now.
Tobie Charles, Arroyo Grande, spoke in support of the proposed action on this item.
Cindy Hanson, Arroyo Grande, spoke in support of the proposed action on this item.
Bruce Vanderveen, Arroyo Grande, agreed that prime agricultural land is special;
however, he stated that there are pieces in the City that are not prime agricultural
land. He spoke in opposition of the proposed action.
Hearing no further public comments, Mayor Ferrara brought the item back to Council
for discussion and consideration.
Council discussion, questions and comments ensued regarding whether the policies
within the Agricultural, Open Space & Conservation Element of the General Plan
needed to be reviewed further.
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Council Member Dickens moved to adopt an interim urgency ordinance and direct
staff to immediately prepare a study considering all ramifications of allowing
development of prime farmland soils. Council Member Costello seconded the motion,
and on the following roll-call vote, to wit:
AYES: Dickens, Costello, Ferrara
NOES: Runels, Lubin
ABSENT: None i
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There being 3 A YES and 2 NOES, the motion failed. (Note: an urgency ordinance
requires a 4/5 affirmative vote to pass).
Council Member Dickens moved to introduce an ordinance suspending development
applications for development of any prime farmland soils for a 180-day period and
direct staff to prepare a study considering all ramifieations of allowing the
development of prime farmland soils. Council Member Costello seconded the motion,
and on the following roll-call vote, to wit:
AYES: Dickens, Costello, Ferrara
NOES: Runels, Lubin
ABSENT: None
There being 3 AYES and 2 NOES, the motion is hereby declared to be passed.
Mayor Ferrara called for a break at 9:07 p.m. The Council reconvened at 9:15 p.m.
11.b. Consideration of Preliminary Approval of Fiscal Year 2002-03 Community
Development Block Grant (CDBG) Projects.
Consultant Planner McClish presented the staff report and recommended the Council
provide preliminary approval on the proposed funding of Fiscal Year 2002-03 CDBG
projects.
Mayor Ferrara opened the item for public comment.
Tim Brown, Arroyo Grande, requested a page be added to the City's website listing
contact information for the organizations that the City has awarded CDBG funds to in
the past so that citizens could contact those organizations to offer their volunteer
services.
Bernadette Bernardi, representing the SLO Literacy Council, thanked the Council for
consideration of its application.
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Bill Hasty, Harvest Bag, explained that the organization hoped to modemize its fleet.
Council discussion ensued following Council Member Dickens' request to make some
equity adjustments in the proposed funding allocations. Following discussion,
Council concurred in modifying proposed 2003 CDBG allocations as follows: Literacy I
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Council - $2,000; SLO County YMCA - $2,000; Harvest Bag - $6,500; Big
Brothers/Big Sisters - $2,400; City of Arroyo Grande Code Enforcement - $12,900.
Further, Mayor Ferrara requested that the proposed $50,000 allocation for the City of
Arroyo Grande Economic Development Fa(fade Program be restricted for businesses
in the Village. Council Member Lubin requested that the E. Grand Avenue "Midway"
segment, Elm Street to Halcyon, also be included. Council concurred.
Council Member Lubin moved to provide preliminary approval on the proposed
funding of Fiscal Year 2002-03 CDBG projects, as amended, and further directed
staff to allocate the $50,000 to the City of Arroyo Grande Economic Development
application to projects in both the E. Grand Avenue "Midway" area and the Village.
Council Member Dickens seconded the motion, and on the following roll-call vote, to
wit:
AYES: Lubin, Dickens, Runels, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11.c. Selection of Mayor Pro Tem and Consideration of Appointment of
Council Members to Regional Boards, Commissions, and Committees.
City Manager Adams presented the staff report and recommended the Council select
a Mayor Pro Tem and appoint City Council Members to serve on regional boards,
commissions, and committees.
Mayor Ferrara suggested formalizing the process of selecting a Mayor Pro Tem by
creating an annual rotational policy. Council Member Lubin agreed and suggested
rotating Council Members as Mayor Pro Tem based on seniority for a one-year term.
Following discussion, Council Member Lubin moved to approve a Council policy that
the Mayor Pro Tem position would be rotated on an annual basis for a one-year term
based on seniority. Council Member Costello seconded the motion, and on the
following roll-call vote, to wit:
CITY COUNCIL MINUTES
DECEMBER 10, 2002
PAGE 10
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 thanked Council Member Runels for his service as Mayor Pro Tem .,
and congratulated Council Member Dickens as the new Mayor Pro Tem.
The following appointments to regional boards, commissions, and committees were
discussed and tentatively made:
AGENCY PRIMARY SECONDARY
South County Area Transit (SCAT) Sandy Lubin Jim Dickens
Staff Representative: City Manager
Council of Governmentsl Tony M. Ferrara Jim Dickens
Regional Transit Authority
(SLOCOG/SLORT A) ,
Staff Representative: Public Works Director! I
Community Development Director
City Selection Committee (Mayors') Tony M. Ferrara Mayor Pro Tem
Staff Representative: Not Applicable
South San Luis Obispo County Tony M. Ferrara Thomas A. Runels
Sanitation District (SSLOCSD)
Staff Representative: Not Applicable
Integrated Waste Management Tony M. Ferrara Thomas A. Runels
Authority Board (IWMA)
Staff Representative: Community Development Director
Zone 3 Water Advisory Board Thomas A. Runels Jim Dickens
Staff Representative: Public Works Director
County Water Resources Thomas A. Runels Jim Dickens
Advisory Committee (WRAC)
Staff Representative: Public Works Director
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AGENCY PRIMARY SECONDARY
Economic Vitality Corporation Sandy Lubin Joe Costello
(EVC)
Staff Representative: City Manager/
Economic Development Director
Air Pollution Control District Joe Costello Thomas A. Runels
Board (APCD)
Staff Representative: Not Applicable
South County Youth Coalition Jim Dickens Sandy Lubin
Staff Representative: Chief of Police/
Director of Parks, Recreation and Facilities
Community Recreation Center Jim Dickens Not Applicable
Subcommittee
Staff Representative: Director of Parks,
Recreation and Facilities
At the request of Mayor Ferrara, staff was directed to verify whether the Mayor is
required to serve as the City representative on the Sanitation District Board of Directors.
Council Member Runels moved to approve the appointments to the regional boards,
commissions, and committees, Council Member Costello seconded the motion, and on
the following roll-call vote, to wit:
AYES: Runels, Costello, Dickens, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion passed.
12. CITY COUNCIL MEMBER ITEMS
a.) Request to place on future agenda discussion of issues related to City Council
Meeting policies and procedures. (FERRARA).
Mayor Ferrara requested an item to address City Council meeting policies and
procedures be placed on the next regular agenda to reconfirm meeting protocols
regarding the setting of agenda items, clarification of voting procedures, and other
general protocol issues. Following Council Member comments and brief discussion
with staff, there was consensus of the Council to place the item on the next agenda
for consideration.
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13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Mayor Ferrara announced that the SLOCOG Board accepted the 18,035 unit housing
mandate for San Luis Obispo County on a 9-2 vote, with Arroyo Grande and San Luis
Obispo Mayors voting no. He explained that action to approve the distribution of the
18,035 units among the member jurisdictions was postponed in order to give the
cities an opportunity to review the proposed distribution of the units based upon
some new information that has been received, and the allocation of units would be
considered at a future date.
15. STAFF COMMUNICATIONS
City Manager Adams reported that Mayor Ferrara had requested to schedule a
meeting with the City of San Luis Obispo to discuss housing issues, which would
include two City Council representatives from each city, the City Managers and the
Community Development Directors. It was agreed the two representatives would be
Mayor Ferrara and Council Member Lubin.
16. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:18 p.m.
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ATTEST:
re, Director of Administrative Servicesl
Deputy City Clerk
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