Minutes 2003-01-14
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JANUARY 14, 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 Runels, Lubin, Costello, Mayor Pro Tem
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 Parks, Recreation, and Facilities
Hernandez; Director of Financial Services Snodgrass, and
Director of Community Development Strong.
3. FLAG SALUTE
Members of Girl Scout Troop 723 led the Flag Salute.
4. INVOCATION
Pastor Paul Jones delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Runels moved, Mayor Pro Tem 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.
7. CITIZENS'INPUT, COMMENTS. AND SUGGESTIONS
Connie Dunbar, Arroyo Grande, stated she had been studying nuclear waste issues,
expressed concerns, and urged the Council to study the issue and make a concerted
effort to think of other energy sources.
Ed Cardoza, Arroyo Grande, spoke and submitted a letter regarding the condition of
Branch Mill Road. He referred to correspondence he had sent to the City last year
and requested again that Branch Mill Road be fixed and made safe for the residents.
CITY COUNCIL MINUTES
JANUARY 14, 2003
PAGE 2
Mayor Ferrara requested that staff follow up with a response to Mr. Cardoza on the
status of the Branch Mill Road project
William Beeman, Arroyo Grande, spoke about the time and effort it took to update the
City's General Plan. He stated that during that time, a majority of the people favored
the preservation of the farmlands. He referred to a land use change that was made
for one small parcel from agriculture to rural residential and stated that the
ramifications of that change could affect all the small parcels of farmland within the
community.
8. CONSENT AGENDA
Council Member Lubin requested Items 8.d. and Item 8.1. be pulled.
City Attorney Carmel announced he would not be able to participate in Item 8.m. due
to a conflict of interest as the Hearst Corporation is a source of income to the law firm
of Lyon and Carmel.
Council Member Runels moved, and Council Member Costello seconded the motion
to approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.d.
and 8.1., with the recommended courses of action:
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period December
1,2002 through December 31,2002.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of
December 31,2002.
8.c. Consideration of Cash Flow Analysis/Approval of Interfund Advance
from the Water Facility Fund.
Action: Received and filed November 2002 Cash Report and approved the
interfund advance from the Water Facility Fund to cover cash deficit in other
funds as of November 30, 2002.
8.e. Consideration of Report on Project Development (AB1600) Fees.
Action: Accepted and filed the report on the receipt and use of AB1600 fees
during the fiscal year ending June 30, 2002.
8.f. Consideration of In-Lieu Fee for Off-street Parking Adjustment.
Action: Adopted Resolution No. 3640 approving an adjustment to the in-lieu
fees for off-street parking in the Parking and Business Improvement area of
the Village.
8.g. Consideration of Approval of Minutes.
Action: Approved minutes of the regular City Council Meeting of December
10,2002, as submitted.
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JANUARY 14, 2003
PAGE 3
8.h. Consideration of Award of Bid - Tractor.
Action: Awarded bid to Berchtold Equipment Company in the amount of
$17,159.99.
8.i. Consideration of City Council Appointment to South San Luis Obispo
County Sanitation District.
Action: Appointed Mayor Ferrara as the primary representative to the South
San Luis Obispo County Sanitation District Board of Directors (SSLOCSD)
and Mayor Pro Tem Dickens as the alternate.
8.j. Consideration of Resolution Approving a Side Letter of Agreement with
Service Employees International Union (SEIU) Local 620 Covering
Permanent Full-Time Fire Captain and Fire Engineer Personnel Pay
Practices.
Action: Adopted Resolution No. 3641 approving the Side Letter of Agreement
amending the existing Memorandum of Understanding (MOU) with the Service
Employees International Union (SEIU) Local 620 to cover permanent full-time
Fire Captain and Fire Engineer personnel pay practices.
8.k. Consideration of Acceptance of a Fire Hydrant and Drainage Easements
for Tract 1390 at the Grace Bible Church on Rodeo Drive.
Action: Accepted the fire hydrant and drainage easements for Tract 1390 at
Grace Bible Church.
8.m. Consideration of Resolution Endorsing the Conservation Framework of
the American Land Conservancy and Hearst Corporation.
Action: Adopted Resolution No. 3642 endorsing the conservation framework
of the American Land Conservancy and Hearst Corporation.
8.n. Consideration of Authorization to Solicit Bids for the Purchase of an
Asphalt Cold Planer.
Action: Authorized staff to solicit bids for the purchase of an asphalt cold
planer.
On the following roll-call vote, to wit:
Council
AYES: Runels, Costello, Dickens, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to. be passed.
RDA
AYES: Runels, Costello, Dickens, Lubin, Ferrara
NOES: None
ABSENT: None
CITY COUNCIL MINUTES
JANUARY 14, 2003
PAGE 4
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
8.d. Consideration of Acceptance of Audited Annual Financial Reports.
[COUNCIL/RDA]
Recommended Action: Receive and file the respective Audited Annual
Financial Reports for the Fiscal Year Ended June 30, 2002.
Council Member Lubin congratulated Financial Services Director Snodgrass and the
City for an outstanding annual audit He acknowledged that a management report
had not been supplied with the audit as there were no issues to be discussed.
Council Member Lubin moved, and Mayor Pro Tem Dickens seconded the motion to
approve Consent Agenda Item 8.d., with the recommended course of action, 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.
Council Member Lubin declared a potential conflict of interest on Item 8.1. due
to real property ownership near the project.
8.1. Consideration of Progress Payment No. 5 for the Rancho Grande Park
Project, PW 2002-03.
Recommended Action: Authorize Progress Payment No. 5 in the amount of
$24,403.43 to Herrera Engineering, Inc. for the Rancho Grande Park project
Council Member Costello moved, and Mayor Pro Tem Dickens seconded the motion
to approve Item 8.1., with the recommended course of action, and on the following
roll-call vote, to wit:
AYES: Costello, Dickens, Runefs, 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:
None.
CITY COUNCIL MINUTES
JANUARY 14, 2003
PAGE 5
10. CONTINUED BUSINESS
10.a. Consideration of an Ordinance Amending Municipal Code Chapter 13.24.
Director of Public Works Spagnolo presented the staff report. He explained that after
the December 10, 2002 City Council meeting at which the ordinance was first
introduced, the City had received comments from the Coastal San Luis Resource
Conservation District. He stated that staff had reviewed the information, which
proposed addressing the adverse impacts of erosion, and incorporated the applicable
comments into a revised ordinance. He recommended the Council introduce the
revised 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.
Following Council questions and comments, Council Member Costello moved to
introduce an ordinance amending Arroyo Grande Municipal Code Chapter 13.24 -
"Excavation, Grading, Erosion and Sediment Control", Mayor Pro Tem Dickens
seconded the motion, and on the following roll-call vote, to wit:
AYES: Costello, Dickens, Runels, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
10.b. Consideration of Adoption of Ordinance Suspending Development
Applications for Development of Prime Farmland Soils.
Community Development Director Strong presented the staff report and
recommended the Council adopt an Ordinance introduced on December 10, 2002 to
temporarily suspend processing of development applications involving conversion of
prime farmland soils for a 180 day period during which time staff will prepare special
planning and impact studies.
Mayor Ferrara opened the item for public comment. The following members of the
public spoke on the item:
Pat Vandeveer, Arroyo Grande, spoke in opposition to the proposed ordinance if it
meant that no more homes were going to be built in the Village area.
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JANUARY 14, 2003
PAGE 6
Wayne King, representing Bruce Vanderveen, commented on the City's sales and
property tax revenue, stated that property taxes on farmland have not escalated
since 1975, commented on the negative affect of buffers on a five-acre parcel on
Branch Mill Road, and stated that the soil on that property is not prime farmland as
defined by the CASP report.
Tim Brown, Arroyo Grande, commented on the issue of tax revenue generation from
residential property, as well as to the issue regarding buffer zones, and stated that
the definition of prime farmland is clearly defined in the CASP report.
Karen Cross-Harmon, Arroyo Grande, passed out a notice to Council regarding an
invitation to a PT A meeting to be held at Harloe Elementary School on January 15th
to discuss the possible sale of the Harloe school site. She suggested that the
moratorium should spread farther than prime soils and that a school site needed to
be located, and the City should not allow any more dwelling units until more schools
are built.
Jerry Bunin, representing the Home Builders Association, suggested that in the
ensuing study that the City address the key issues facing the County. He stated that
the real crisis is that not enough affordable homes are being built. He questioned
whether a moratorium and the preservation of urban farmland is the way to protect
farmland. He suggested using open space within the urban reserve line, within the
City limits, for housing.
John Silva, Arroyo Grande, spoke about farmland and stated that 1.5 million acres of
farmland are being lost per year.
Ed Dorfman, Arroyo Grande, inquired as to what would be studied over the next six
months that hadn't been studied over the last four years.
Dave and Karen Ritchie, Arroyo Grande, submitted an opposition letter for the record.
Hearing no further public comments, Mayor Ferrara closed the public comment
period and brought the item back to Council for consideration.
Council Member Costello referred to the introduction of the General Plan document
where he found a number of places that the issue of prime agricultural land is
discussed and mentioned. He referred to page 5, Visions Workshop, where it states
that the participants at the workshop were in general agreement regarding
preservation of agricultural lands; referred to page 6, Alternatives Workshop, where it
states that there is substantial public concurrence for the preservation of existing
agricultural lands and alternatives that suggested conversion had very little support;
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CITY COUNCIL MINUTES
JANUARY 14, 2003
PAGE 7
referred to page 6, General Plan Update Citizens Survey, where it states that about
1,020 surveys were completed and returned with results that reiterated the
community's desire to preserve agricultural uses; referred to page 12, Citizen's
Conservation Ethics, where it states that given the fertility of its soils and historical
association with agricultural activities in the Central Coast area, a responsibility for
protection of its remaining prime agricultural land and the community's agrarian
character, is important. He stated that these different factors underscore his belief
that the majority of the people in this community want to preserve agricultural land.
He referred to Policy AG1 in the Agriculture, Conservation and Open Space Element
which was changed prior to adoption of this General Plan Element. He supported the
adoption of the ordinance which places a moratorium on the acceptance of land use
applications which seek to develop parcels containing prime farmland soils in order to
study the current and immediate threat of such developments to the public heath,
safety, and welfare, for a period of 180 days.
Mayor Pro Tem Dickens responded to public comments and then suggested that
areas of study over the next 180 days include an approach for rating the relative
quality in land resources based upon specific measurable features; a methodology to
I ensure that significant defects on the environment of agricultural conversions are
quantitatively and consistently considered; and a means of weighing specific factors
I and scoring thresholds for making determinations of significance under the CEQA
process. He supported the proposed ordinance.
Council Member Runels stated this was a broad subject and there was a difference
of opinion among various experts and people who work the land on what prime land
is. He spoke of requiring certain soil types for certain crops, water availability issues,
property owner rights, and economic viability. He spoke of the developments outside
of the city limits which have helped to pay for the water and sewer services and the
infrastructure. He stated that each parcel of land needed to be judged on its own
merits. He did not support the proposed ordinance.
Council Member Lubin commented that he did not think there was anyone in Arroyo
Grande who was not prepared to protect prime agricultural land, including himself.
He stated he felt that this ordinance was not being placed to protect prime agricultural
land throughout the City, but was focused on one project in the City. He stated that
the General Plan, as approved, protects prime agricultural land throughout the City
and the moratorium would not be necessary. He referred to the recent State housing
mandate which would require the City to provide about 1,200 more homes. He
acknowledged that two large senior housing projects had been approved, but that
there should be an awareness of the need for affordable housing for the City's
workforce. He expressed concern about the lack of empty lots where affordable
homes could be built. He stated that he felt this was an attempt for no growth.
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CITY COUNCIL MINUTES
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Council Member Lubin addressed the property tax issue and commented that
properties under the Williamson Act pay a lesser amount of property tax. He added
that under the preliminary State budget there is a proposal to eliminate the payment
of the supplemental funds to the County, which would ultimately impact the City's
property tax revenue. However, he said he would support any farmer who wanted to
include their property in a Williamson Act contract. He said he would not support any
non-associated individuals telling what should or should not be done with land that
they do not own. He did not support the proposed ordinance.
Mayor Ferrara acknowledged and explained why he brought this issue forward. He
acknowledged past actions and stated that his concern was for the future. He said
land use and planning is crucial for the future. He suggested focus and emphasis for
the study should be to provide for equitable alternatives to conversion of prime
farmland soils using resources such as the Williamson Act and conservation districts;
a reconciliation between smart growth principles and how they relate to the
agriculture and urban interface; and suggested obtaining published documents
available from the League of California Cities regarding how to responsibly go about
the process of preserving agriculture. He commented that prilT1e agriculture parcels
should not be considered on a case-by-case basis and that it should be decided
responsibly from a land use position what parts of the City are going to be urbanized
and what parts of the City are going to be preserved. He concluded by referring to
the 2001 General Plan Update process and said it was important to seek out
documentation and understand at what point the Agriculture Element wording and
zoning changed in certain areas. He said it happened at the end of the process, right
before the General Plan was adopted. He stated that these issues were brought
forward without supporting studies and there was no focus on the impact of the
conversion of agricultural parcels. He supported adoption of the proposed ordinance
to enable time to study and consider this important issue.
Following Council comments, Mayor Pro Tem Dickens moved to adopt an Ordinance
suspending development applications for development of any 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.
11. NEW BUSINESS
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CITY COUNCIL MINUTES
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PAGE 9
11.a. Review of Policy/Procedure for Conducting City Council Business.
City Manager Adams presented the staff report and recommended the Council
provide direction to staff regarding any desired changes or clarifications to agenda
and/or meeting policies and procedures. City Manager Adams referred to
supplemental information submitted by Mayor Ferrara regarding proposed changes in
the language for the agenda regarding citizen input, comments, and suggestions.
Mayor Ferrara reviewed suggested amendments and additions to the
Policy/Procedure for Conducting City Council Business and requested feedback from
the Council Members.
Mayor Ferrara opened the item for public comment. The following members of the
public spoke on the item:
Otis Page, Arroyo Grande
Jim Guthrie, Arroyo Grande
Ed Dorfman, Arroyo Grande
Wayne King, Pismo Beach
Bill McCann, Arroyo Grande
Hearing no further public comments, Mayor Ferrara brought the item back to Council
for discussion and consideration. ~
ji
Following Council comments and discussion, the Council directed staff to make i'
,
,
amendments and additions to the Policy/Procedure for Conducting City Council !
Business as follows:
. Add a second public comment period at the end of the City Council meeting
agenda.
. Incorporate the amendments and procedures proposed by Mayor Ferrara to
the language on the agenda regarding the public comment period (Item 7. will
now be titled "Community Comments and Suggestions".)
. Incorporate into the Policy/Procedure for Conducting City Council Business
the procedure for City Council members to request that items be placed on
the agenda under "City Council Member Items".
. Add policy language (Attachment B in the staff report) to the Policy/Procedure
for Conducting City Council Business related to addressing the City Council
and handling disturbances following review of the provisions with the Chief of
Police and the City Attorney.
. Direct staff to review provisions regarding substitute motions to verify that
Item I. in the Policy is consistent with Sturgis Parliamentary Procedures.
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CITY COUNCIL MINUTES
JANUARY 14, 2003
PAGE 10
. Direct staff to review the appeal provisions in the Development Code,
specifically those relating to determinations of the Community Development
Director, as part of the ongoing Municipal Code update.
12. CITY COUNCIL MEMBER ITEMS
a) Consideration of submittal of a formal City position to the State Historical
Resources Commission supporting the nomination of the Loomis Complex to
the California Register of Historical Resources and consideration of
designation of the Loomis Complex as a local historical landmark. (FERRARA)
Mayor Ferrara requested, and the City Council concurred, that an item be added to ~
the January 28, 2003 City Council agenda regarding submittal of a formal position to ~
the State Historical Resources Commission supporting the nomination of the Loomis :j
~\
Complex to the California Register of Historical Resources and consideration of I:
designation of the Loomis Complex as a local historical landmark. ..
I'
i
b) Information regarding discussion with Village Improvement Association on
Small Business Development Center program. (FERRARA)
Mayor Ferrara reported that he and City staff had met with the Village Improvement
Association regarding a mutual effort to work with the Small Business Development
Center to develop a comprehensive program to assist small businesses utilizing the
Center's Community Development Block Grant funds. He explained that the program
would initially focus on businesses in the Village.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Council Member Runels requested that an item regarding State water issues be
placed on the January 28, 2003 City Council agenda under City Council Member
Items.
Mayor Pro Tem Dickens requested that staff set up meetings with the State and
Federal representatives in order to voice local concerns.
15. STAFF COMMUNICATIONS
City Manager Adams gave an update of the proposed State budget and its estimated
impact on the City. Mayor Pro Tem Dickens requested that a press release on the
matter be issued to inform the community.
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CITY COUNCIL MINUTES
JANUARY 14, 2003
PAGE 11
16. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:05 p.m.
J-~~
Tony M. F0/f8ra, Mayor
ATTEST:
I .
/ ! \?U,(j}ftfl-
re, Director of Administrative Servicesl
Deputy City Clerk