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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. CITY COUNCIL MINUTES SEPTEMBER 23, 2003 PAGE 2 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. CITY COUNCIL MINUTES SEPTEMBER 23, 2003 PAGE 3 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 CITY COUNCIL MINUTES 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. -.,...... CITY COUNCIL MINUTES SEPTEMBER 23, 2003 PAGE 5 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. - . CITY COUNCIL MINUTES SEPTEMBER 23, 2003 PAGE 6 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. CITY COUNCIL MINUTES SEPTEMBER 23, 2003 PAGE 7 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. _.~---_.,,-,~ CITY COUNCIL MINUTES SEPTEMBER 23, 2003 PAGE 8 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. ~_..- CITY COUNCIL MINUTES SEPTEMBER 23, 2003 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. <N'''_ CITY COUNCJL MINUTES SEPTEMBER 23, 2003 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 )