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Minutes 2003-07-22 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JULY 22, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council/Redevelopment Agency meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Lubin, Runels, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. RDA: Board Members Lubin, Runels, Costello, Vice. Chair Dickens, and Chair 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, and Director of Parks, Recreation and Facilities Hernandez. 3. FLAG SALUTE A member of Boy Scout Troop 26 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 Mayor Pro Tem Dickens moved, Council Member Costello 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 None. 8. CONSENT AGENDA Council Member Lubin requested that Item 8.f. be pulled. Mayor Ferrara requested that Item 8.h. be pulled. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 22, 2003 PAGE 2 . Council/Board Member Runels moved, and Mayor Pro TemNice Chair Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.L, with the exception of Items 8.f. and 8.h., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Runels, Dickens, Costello, Lubin, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period July 1, 2003 - July 15, 2003. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the June 2003 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at June 30,2003. 8.c. Consideration . of Award of Contract to MAXIMUS for Mandated Cost Recovery Services. Action: Adopted Resolution No. 3697 authorizing the City Manager to enter into a binding agreement with MAXIMUS for mandated cost recovery services. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of July 8, 2003. 8.e. Consideration of Resolution Adopting Public Works Fees and Service Charges. Action: Adopted Resolution No. 3698 approving the FY 2003-04 Public Works Field Division Fees and Service Charges. 8.g.. Consideration of Authorization to Solicit Bids for Public Works Vehicles. Action: Authorized staff to solicit bids for the purchase of one %-ton flat bed truck and one %-ton pick-up truck as provided for in the FY 2003-04 budget. 8.i. Consideration of Agreement with the San Luis Obispo County Visitors and Conference Bureau. [COUNCIURDA] Action: Authorized the Mayor/Chair to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (SLOCVCB). Council Member Lubin declared a conflict of interest on Item 8.1. due to ownership of real property near the project. 8.f. Consideration to Authorize the Use of Unallocated Proceeds from the Sale of Land to Fund Unanticipated Construction Costs for the Rancho Grande Park Project, PW-2002-03. Recommended Action: 1) Authorize the use of unallocated proceeds from the sale of land to fund additional expenses during the construction phase of the project; 2)' Approve and authorize the Mayor to execute a consultant contract CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22,2003 PAGE 3 . amendment with RRM Design for additional design services; and 3) Approve additional appropriation that uses additional revenue to fund additional expenditures. Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Item 8.f., with the recommended course of action. The motion carried on the following roll-call vote:. AYES: Runels, Costello, Dickens, Ferrara NOES: None ABSENT: Lubin 8.h. Consideration of Agreement with the Economic Vitality Corporation of San Luis Obispo County. [COUNCIURDA] Recommend~d Action: Authorize the Mayor/Chair to execute the annual Agreement with the Economic Vitality Corporation (EVCSLOC) of San Luis Obispo County. M.ayor/Chair Ferrara requested clarification regarding the description of services and inquired whether the EVC was still delivering all of the indicated services. City Manager Adams responded yes, the EVC was providing q valuable service to the City, particularly as a resource for small businesses. Mayor/Chair Ferrara requested that staff provide the Council with a copy of the EVC's last semi-annual update report. Council/Board Member Lubin moved, and Mayor Pro TemlVice Chair Dickens seconded the motion to approve Consent Agenda Item 8.h., with the recommended course of action. The motion carried on the following roll-call vote: AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARING: 9.a. Consideration of a Resolution Initiating an Amendment of the General Plan Land Use Map to Redesignate Certain Property to Agriculture and to Modify Certain Policies of the Land Use Element and the Agricultural Open Space and Conservation Element; to Establish Agricultural Conservation Easement and Support Programs; and to Initiate an Amendment of Title 16 of the Municipal Code to Modify Allowable Uses, and Development Standards, Mitigation Measures Buffer Overlay District Text and Mapping, and Implementing Recommendations from the Report on the Conservation of Agricultural Resources for the City of Arroyo Grande. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 4 . Community Development Director Strong presented the staff report, and stated the Planning Commission recommended the Council adopt a Resolution to initiate an amendment of the General Plan Land Use Map to redesignate certain property to agriculture and to modify certain policies of the land use element; to establish agricultural conservation easement and support programs; and to initiate an amendment of Title 16 of the Municipal Code to modify allowabJe uses, and development standards, mitigation measures and buffer overlay district text and mapping and to implement the policies, programs and proposed provisions discussed in the Report on the Conservation of Agricultural Resources for the City of Arroyo Grande (Agricultural Report). Associate Planner McClish presented an overview of the Report on the Conservation of Agricultural Resources for the City of Arroyo Grande. Mayor Ferrara opened the public hearing. Otis Page, Arroyo Grande, expressed concerns with the proposed action being considered by the Council and submitted a letter for the record (on file in the Administrative Services' Department). Jeffrey Garcia, representing American Farmland Trust, spoke in support of agricultural conservation efforts and submitted a document entitled "A Landscape of Choice: Strategies for Improving Patterns of Community Growth" (on file in the Administrative Services Department). Wayne King, requested that the Vanderveen property be excluded from the General Plan Amendment and referred to a letter submitted to the Council prior to the meeting from the Law Offices of William S. Walter, who represent Bruce and Mary Vanderveen (on file in the Administrative Services Department). Jeff Peters, Arroyo Grande, requested an explanation regarding buffers. Associate Planner McClish provided a brief explanation on buffer zones. Jerry Bunin, representing Home Builders Association, addressed the housing affordability crisis and stated that in-fill sites should be used to build housing. Mary Rivas, Arroyo Grande, spoke in support of farmland conservation. Shirley Schaefer, Arroyo Grande, spoke in support of agricultural conservation efforts. Bruce Vanderveen, Arroyo Grande, spoke in opposition to the proposed action, referred to the Vanderveen property and read portions from City Council meeting minutes from 2001 regarding the General Plan Update. Bill McCann, Arroyo Grande, spoke in support of agricultural conservation efforts. Ed Dorfman, Arroyo Grande, referred to the zoning history of the E. Cherry Avenue parcel and requested that his two parcels be dropped from the list of properties to be rezoned. Karen Tate, Arroyo Grande, spoke in support of agricultural conservation efforts. Howard Mankins, Arroyo Grande, stated that the Church of Latter Day Saints purchased a parcel of agriculture land near two existing churches on which it intends to build a church, which is allowed by City ordinance. He submitted a letter for the record (on file in the Administrative Services Department). ""';.~.._.......,"'. ,......-........ CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 22, 2003 PAGE 5 Ella Honeycutt, Arroyo Grande, spoke in support of agricultural conservation efforts, referred to and submitted for the record a 1974 Telegram Tribune article entitled "Arroyo Grande turns down walnut orchard annexation" (on file in the Administrative Services Department). . Dale GropP, Arroyo Grande, spoke in support of agricultural conservation efforts. Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council Member Costello stated he had reviewed the AgriculturaJ Report and commented that its purpose was to evaluate the cumulative impacts and alternatives to agricultural conversion and propose additional alternative agricultural preservation strategies. He acknowledged the methods identified in the Report which include buffers, mitigation ordinances and policies, transfer development credits, purchase of agricultural conservation easements, forming a local Land Trust chapter, the Williamson Act, and supported the recommendations in the study which look at alternatives to assist the City in preserving its agricultural land. He supported the Planning Commission recommendations and adoption of the proposed Resolution. C~uncil Member Lubin expressed concerns about amending the General Plan which had just been updated and adopted in 2001. He referred to discussion regarding existing programs that are in place such as the Farmland Trust, the Williamson Act, and conservation programs that are available to help preserve agriculture land. He emphasized that these programs are already in place to help property owners, the City has a Right To Farm Ordinance, and the City needs to support property owners who have non-productive land and do not wa.nt to farm. He concluded by stating that he voted to approve the General Plan which strongly supports agriculture and demands that agriculture be preserved; however, he said that we need to look at what agriculture we're preserving and that the right parcels are being preserved. He did not support the proposed amendment to the General Plan moving forward. Council Member Runels commented that this was a property rights and growth versus no-growth issue. He referred to the proposed buffer requirements and inquired who would be responsible for maintaining the buffers. He disagreed with the contents of the Agricultural Report, did not agree with the Planning Commission recommendations, and did not support adoption of the proposed Resolution. Mayor Pro Tem Dickens stated his philosophy was to promote soil conservation. He referred to resources that are best suited for agricultural production and spoke of various soil classifications. He spoke of the importance of protecting Class I and Class II soils stating this is a resource that is irreplaceable. He suggested that there was a need to better define and clarify the process so that the Planning Commission and City Council has the tools to make objective decisions about future requests. He stated there were 30 agricultural zoned parcels in the City that are 5 acres or less and that he believed there is agricultural value and commercially viable use for smaller parcels. He encouraged the use of buffers to allow the farmers to continue their farming operations. He stated that '-.-.-.-......""";-.-.....- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 22, 2003 PAGE 6 . the Planning Commission recommendations expand on the policies already in place in the General Plan. He concluded by stating his. support for adoption of the proposed ResoJution. Mayor Ferrara referred to page 4 of the Report which refers to two smaller isolated agricultural use properties surrounded by urban development and requested clarification with regard to how the approval of the proposed Resolution would affect these ! properties. Director Strong replied that the Council would not be implementing any of , the Planning Commission recommendations for rezoning this evening; the recommendation was to initiate the General Plan Amendment process. Mayor Ferrara acknowledged correspondence received prior to the meeting from Leroy, Lorene, and Adam Sa ruwatari and read excerpts from that letter (on file in the Administrative Services Department). He then responded to public comments regarding the State housing mandate; he supported smart-growth principles which include looking at small parcels that are considered to be in-fill in the City's urban core and looking at ways to meet the City's housing demands; and he clarified that during the General Plan Update process, the Council had decided it would not convert the City's small fringe agriculture parcels. He referred to and read excerpts from a letter. written by former Community Development Director McCants to the County Board of Supervisors just prior to the adoption of the 2001 General Plan Update, reflecting the City's land use policy and the City's strong opposition and concern regarding a County General Plan Amendment application rezoning a County property from Agriculture to Residential Rural. Mayor Ferrara concluded by supporting the Planning Commission recommendations and adoption of the proposed Resolution. Mayor Pro Tern Dickens moved to adopt a Resolution to initiate an amendment of the General Plan Land Use Map to redesignate certain property to agriculture and to modify certain policies of the land use element; to establish agricuJtural conservation easement and support programs; and to initiate an amendment of Title 16 of the Municipal Code to modify allowable uses, and development standards, mitigation measures and buffer overlay district text and mapping and to implement the policies, programs and proposed provisions discussed in the Report on the Conservation of Agricultural Resources for the City of Arroyo Grande (Agricultural Report). Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferra.ra NOES: Lubin, Runels ABSENT: None There being 3 AYES, 2 NOES, and 0 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. ""~""'-...-_..._-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 22, 2003 PAGE 7 Mayor Ferrara called a break at 9:35 p.m. The Council reconvened at 9:45 p.m. 11. NEW BUSINESS 11.a. Consideration of Authorization to Solicit Bids for the Fire Station Expansion Project, PW 2003-05. Director of Public Works Spagnolo presented the staff report and recommended the Council 1) Approve the plans and specifications for the Fire Station Expansion Project; and, 2) Authorize the Public Works Department to solicit public construction bids for the Fire Station Expansion project. Mr. Pat Blote, representing RRM Design, gave a brief overview of the project and displayed a project rendering. Mayor Ferrara opened up the item for public comment. John Keen, Arroyo Grande, referred to the Village Guidelines and inquired whether public buildings were exempt. Hearing no further public comments, Mayor Ferrara closed the floor to public comment and brought the item back to Council for consideration. Council and staff discussion ensued with regard to the proposed stucco color on the building expansion. City. Manager Adams responded that the final color sample would be presented to the Architectural Review Committee for final approval. Council Member Runels moved to approve the plans and specifications for the Fire Station Expansion Project; and authorize the Public Works Department to solicit public construction bids for the Fire Station Expansion project. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Costello, Lubin; Dickens, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. Mayor Pro Tem Dickens declared a conflict of interest on Item 11.b. due to family ownership of real property near the project and stepped down from the dais. 11.b. Consideration of Authorization to Solicit Bids for the Branch Mill Road Paving and Drainage Improvements Project, PW-2003-03. Director of Public Works Spagnolo presented the staff report and responded to questions from Council regarding the scope of work for the project. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 22, 2003 PAGE 8 . Council comments and discussion included issues related to drainage and an emphasis on the need for extensive public notification of road closures during construction of the project. Mayor Ferrara opened up the item for public comments, and upon hearing none, he closed the floor to public comments. Council Member Runels moved to approve the plans and specifications for the Branch Mill Road Paving and Drainage Improvements Project, PW 2003-03; and authorize the Public Works Department to solicit public construction bids for the Branch Mill Road Paving and Drainage Improvements project. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Lubin, Costello, Ferrara NOES: None ABSENT: Dickens There being 4 AYES, '0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Mayor Pro Tem Dickens returned to the dais. 11.c. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities Annual Conference, September 7 -10, 2003. City Manager Adams presented the staff report and recommended the Council appoint one Council Member as the voting delegate and one Council Member as the alternate delegate for the League of California Cities Annual Conference. . Mayor Ferrara and Mayor Pro Tem Dickens said they would be attending the Annual Conference. Mayor Pro Tem Dickens offered to be the Alternate Delegate as he had not yet confirmed his travel arrangements. Mayor Ferrara moved to appoint himself as the Voting Delegate and Mayor Pro Tem Dickens as the Alternate. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Runels, Costello, Dickens NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. ""'._....."..,~'._-....- CITY COUNCIUREDEVELOPM'ENT AGENCY MINUTES JUL Y 22, 2003 PAGE 9 11.d. Consideration of Appointments to the California Joint Powers Insurance Authority (CJPIA) Board. City Manager Adams presented the staff report and recommended the Council appoint one member of'the City Council to serve on the California Joint Powers Insurance Authority (CJPIA) Board of Directors and one member of the City Council, the City Manager and Human Resources Manager to serve as alternates. Council Member Lubin offered to serve on the CJPIA Board of Directors. Council Member Costello offered to serve as an alternate. Council Member Costello moved to appoint Council Member Lubin to serve on the CJPIA Board of Directors and himself, City Manager Adams, and Human Resources Manager Sisko as alternates. 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. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). Discussed impacts of the State budget crisis; held Closed Session. (2) Integrated Waste Management Authority (IWMA). Meeting cancelled; meets next in September. . (3) Other. 1) Attended June 26th League of California Cities Public Safety Policy Committee meeting. 2) Attended the July 11 th Mayor's meeting in Paso Robles, where a presentation was made on the implementation of energy conservation measures. Mayor Ferrara requested that- staff review the report, determine if it could be utilized in the City's operations, and report back to the City Council. b. MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalition. No report. (2) South San Luis Obispo. County Sanitation District (SSLOCSD). Met July 2nd and July 16th. Plant is running well and meeting all discharge requirements; Adopted the 2003-04 Budget; Received presentation of . Solano County Biosolids Ordinance; Reported that there would be a Special Board Meeting on July 30th to review Pismo Beach's request to join the District. Also requested future item be placed on the agenda for CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 22, 2003 PAGE 10 discussion and public input regarding flood liability/potential environmental impacts relating to the Arroyo Grande Flood Control Channel. (3) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS: (1 ) Zone 3 Water Advisory Board. Reported that the Lopez Dam remediation project is finished; the Habitat Protection Plan will be sent to the County Board of Supervisors in August; it was decided to recommend to the County Board of Supervisors not to pursue fluoridating the water due to financial constraints. (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). Thanked Diane Sheeley for her service a~d work with the EVC; the Board adopted the 2003-04 Budget. (2) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1 ) Air Pollution Control District (APCD). No report. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: a) Discussion regarding request to change starting time of Council Meetings. (RUNELS) Council Member Runels stated he had received correspondence requesting that the Council consider a time change for Council meetings. Following extensive discussion, it was agreed not to formally agendize the item. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara reported that he and key staff members met with members of the Williams and Frederick families. A brief discussion ensued with regard to the process for holding discussions with project applicants. Council directed staff to agendize a discussion item regarding the meeting held with the Williams and Frederick families concerning sphere of influence planning. 16. STAFF COMMUNICATIONS: None. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 11 17. COMMUNITY COMMENTS AND SUGGESTIONS: Steve Ross, Arroyo Grande, spoke regarding the proposed Arroyo Linda Crossroads project and stated he hoped the Council would move forward in opening up the area for this project. 18. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 10:55 p.m. ,~f1J- Kelly W tmor , Director of Administrative Servicesl Deputy City Clerk/Agency Secretary (Approved at CC Mtg rltz/03)