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Minutes 2004-11-23 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 23, 2004 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, Dicken~, Costello, and Mayor Ferrara were present. Council Member Lubin was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Chief of PoHce TerBorch, Director of Financial Services Pillow, Director of Public Works/City Engineer Spagnolo and Assistant Planner Foster. 3. FLAG SALUTE Wayne Dempster, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Jean Bowser, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation Recoanizina November 23. 2004 as Salvatore "Sal" Federico Day in the City of Arroyo Grande. Mayor Ferrara presented an Honorary Proclamation recognizing and honoring one of the City's oldest citizens by declaring November 23, 2004 as Salvatore "Sa I" Federico Day in the City of Arroyo Grande. Sal Federico accepted the Proclamation and expressed his appreciation to the City Council and the community. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member 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 Connie Dunbar, representing Mothers for Peace, gave an update on issues relating to nuclear power plant license renewals and requested that the Council reconsider its previously approved resolution by scheduling at a future meeting consideration of adoption of a new resolution opposing any re-licensing of Diablo Canyon until certain issues and concerns are resolved. Marie Cattoir supported the efforts of Mothers for Peace and requested the Council put the proposed resolution referenced by Ms. Dunbar on a future agenda for approval. Lorraine Kitman, representing Mothers for Peace, read the text of a proposed Resolution on Nuclear Power Plant License Renewals and requested the Council consider adoption of the Resolution opposing any relicensing of Diablo Canyon Units 1 & 2. CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 2 S. CONSENT AGENDA Mayor Ferrara requested that Item 8.1. be pulled for clarification. Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.m., with the exception of Item 8.1., with the recommended courses of action. City Attorney Carmel read the title of the Ordinance in Item 8.h. The motion carried on the following roll-call vote: AYES: Runels, Costello, Dickens, Ferrara NOES: None ABSENT: Lubin S.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period November 1, 2004 - November 15, 2004. S.b. Consideration of Cash Flow Analysis and Approval of Interfund Advance from the Water Fund. Action: Received and filed the October 2004 cash report and approved the interfund advance from the Water Fund to cover cash deficits in other funds as of October 31, 2004. S.c. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of October 31, 2004. S.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of November 9, 2004, as submitted. S.e. Consideration of Approval of Employment Agreement-Chlef of Police. Action: Approved and authorized the City Manager to execute the Employment Agreement between the City and Lester F. T erBorch and authorize an appropriation of $5,600 from the General Fund. S.f. Consideration of Salary Adjustment for Management Employees. Action: Adopt Resolution approving a 2% salary adjustment for management employees effective January 1 , 2005. S.g. Consideration of Cancellation of December 2S, 2004 City Council Meeting. Action: Approved cancellation of the December 2S, 2004 City Council Meeting. S.h. Consideration of Adoption of Ordinance Adding Section 10.0S.060 to Chapter 10.0S of Title 10 of the Arroyo Grande Municipal Code Entitled "Prohibition of Solicitation at Entrances to Commercial Parking Areas and Upon Right of Way Areas". Action: Adopted Ordinance No. 559, "An Ordinance of the City Council of the City of Arroyo Grande Adding Section 10.0S.060 to Chapter 10.0S of Title 10 of the Arroyo Grande Municipal Code Entitled "Prohibition Of Solicitation At Entrances To Commercial Parking Areas And Upon Public Right Of Way Areas" S.I. Consideration of Approval of Tract Map 2532; Mal-Hun, LLC; 1180 Ash Street. Action: Approved Final Tract Map 2532 subdividing .58 acres into eight (8) parcels. S.J. Consideration of an Award of Contract for Construction of the Traffic Way Bridge Rail Replacement Project, PW 2004-en. Action: 1). Awarded a contract for the construction of the Traffic Way Bridge Rail Replacement Project, PW 2004-01 to Souza Construction Inc., in the amount of $262,105.00; 2) Authorized the City Manager to approve change orders not to exceed the - ----------...---.- --..-- _._---~ n_ CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 3 contingency of $26,210.50 for use only if needed for unanticipated costs during the construction phase of the project; 3) Transferred $48,090.00 from the General Fund Public Works Administration/Engineering budget to cover staff design and contract administration. This fund will be reimbursed with funds from Caltrans upon project completion. 8.k. Consideration of Approval of Settlement Agreement and Mutual General Release with RRM Design Group. Action: Approved a Settlement Agreement and Mutual General Release with RRM Design Group regarding the Fire Station Expansion Project (PW 2003-05). . 8.m. Consideration of Authorization to Close City Streets for the 2nd Annual Arroyo Grande Village Improvement Association Christmas Parade, November 28, 2004. Action: Adopted Resolution No. 3795 authorizing closure of City streets for the 2nd Annual Arroyo Grande Village Improvement Association Christmas Parade. 8.1. Consideration of Resolution Revising Appointment Procedures for the Architectural Review Committee (ARC). Recommended Action: Adopt Resolution revising appointment procedures for the ARC. In response to Mayor Ferrara's request for clarification regarding this item, City Manager Adams gave a brief overview of the staff report. He explained that the only revision to the appointment procedure was the removal of the requirement that the Mayor and Mayor Pro T em appoint the two (2) non-technical members to the ARC. He stated that due to the new Mayor Pro T em rotation policy approved by the Council last year, this procedure no longer provided consistency as it relates to the appointment of ARC members. He further stated that staff would keep the Council apprised of the composition of the ARC as it relates to technicaVnon-technical members so that appointments can be coordinated as needed. Council Member Runels moved to adopt a Resolution revising appointment procedures for the Architectural Review Committee. Council Member Costello seconded the motion, and on the following roll call vote: 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 Appeal of Planning Commission Approval of Viewshed Review 04-014; 1470 Sierra Drive. Assistant Planner Foster presented the staff report and recommended the Council adopt a resolution denying the appeal and approving a Minor Use Permit for Viewshed Review 04-014 and instructing the Director of Administrative Services to file a Notice of Exemption. Mayor Ferrara opened the public hearing. --.-----.....-----------. .~-----~- CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 4 Paul Geihs, attorney representing the appellants, referred to the staff report which indicated there were three required findings for approval of the applicant's project, and gave an overview of each finding and related Code section. He displayed photographs of the appellant's property at 1480 Sierra depicting the view from the living room, and the view right outside the front door. He also displayed photographs of the home at 1470 Sierra Drive which is at street level, and other homes in the neighborhood. He stated that the proposed project at 1470 Sierra Drive will obliterate the view from 1480 Sierra Drive and that the required findings cannot be made as the scenic view will be completely obliterated and the project is out of character with the neighborhood. He asked the Council to uphold the appeal and deny Viewshed Review Case No. 04-014. Bob Montanvo, 1470 Sierra Drive, commented on the photographs that were displayed,and commented that he assumed the appellant's primary scenic view was from the back of the house through several floor to ceiling windows. He spoke of his family's desire to expand their home and commented that the addition would allow their elderly parents to move in with them in the future in order to care for and be close to them. Ruth Montanvo, 1470 Sierra Drive, referred the Council to the photographs of the site contained in the staff report and thanked the Council for coming out to see the property. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello commented that the proposed expansion meets all the development standards, is not an unreasonable expansion, is not inconsistent with the established scale and character of the neighborhood. He commented that the impacted view from 1480 Sierra is limited to begin with and he did not find the expansion of 1470 Sierra Drive to be an unreasonable interference. He stated he could support the Planning Commission's approval of Viewshed Review Case No. 04-014 and could not support the appeal. Council Member Runels referred to the motorhome parked at 1470 Sierra Drive and inquired about its impact on the appellant's view. He stated that he agreed with the Planning Commission's decision and that the proposed expansion was not unreasonable. Council Member Dickens commented on the rural characteristics of the neighborhood and stated that the applicant's request to expand was reasonable. As far as the scale and character of the neighborhood, Council Member Dickens stated that other homes in the neighborhood have similarly expanded. He suggested that there might be ways to soften the impact of the expansion. He stated he could favorably make the findings and approve staff's recommendation to deny the appeal. Mayor Ferrara referred to finding #3 that the proposed structure will not unreasonably or unnecessarily interfere with the scenic view from any other property. He referred to the photographs previously displayed and he commented that what scenic view meant to him was looking out towards the open area to the south and west. He felt that the appellant's scenic view was not being impacted. He suggested that the design of the upper floor of the applicant's project use creative architectural features. He supported the Planning Commission's decision to approve Viewshed Review Case 04-014. Council Member Costello moved to adopt a Resolution as follows, "A Resolution of the City Council of the Denying Appeal 04-007; Applied for by Henry and Sonja Bernard and Approving a ---.------- CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 5 Minor Use Permit for Viewshed Review 04-014; Applied for by Bob and Ruth Montano". Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Costello, Runels, Dickens, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS 10.8. Consideration of Water Supply Recommendations. Director of Public Works/City Engineer Spagnolo presented the staff report and recommended the Council: A) Direct staff to coordinate an updated water and sewer rate study, which would develop future rate recommendations based upon transition to a tiered rate structure; B) Direct staff, in cooperation with the participants of the Basin Management Agreement, to solicit a proposal for a groundwater study; C) Proceed with the further development of the Nacimiento water supply option through the preparation of a project descriptibn and engineering analysis; and D) Prepare an initial study on the costs and feasibility of constructing a desalination plant in conjunction with the South San Luis Obispo County Sanitation District wastewater treatment facility . Director Spagnolo responded to questions from Council regarding the proposed water supply options. With regard to Well #10, Mayor Ferrara suggested working out inter-jurisdictional issues before moving into Phase I. With regard to a proposed tiered water and sewer rate structure, Council Members Dickens, Runels, and Mayor Ferrara stressed the importance of public education on water conservation efforts prior to consideration of and implementation of a tiered rate structure. City Manager Adams reported that public education efforts on water conservation are already underway. During presentation of Phase 2 water supply options, concerns were expressed regarding a new groundwater study. City Attorney Carmel noted that although this was a Phase 2 issue, the study has Phase 1 implications. He explained that under the existing groundwater management agreement, if there is additional safe yield in the basin, the City of Arroyo Grande would be entitled to 95% of the first 379 acre feet of additional supply that is in the basin. He explained that if the study proved that there was surplus water, the City would get an immediate benefit of more than 350-acre feet/year. He also stated the need for the groundwater study also arises out of the context of the litigation because the proposed settlement agreement requires a groundwater study within two years. Mayor Ferrara commented that as the study moves forward, he hoped that the technology and the science is at a better level than it has been in the past. With regard to the Nacimiento Pipeline project, staff clarified that the intent was to use the Price Canyon oil field water for the first ten years and then to use the Nacimiento pipeline later as a permanent supply. In response to questions concerning the option for using reclaimed water, staff gave a more detailed overview of the disadvantages and cost impacts related to this option. Upon conclusion of his presentation, Director Spagnolo reviewed staff's recommendations and additionally requested direction from Council on the Utility Retrofit Upon Sale Program. Mayor Ferrara asked why there was no recommendation for the Price Canyon oil field water option. Director Spagnolo stated that the County is the lead agency and the City is working with the County and monitoring its actions. Mayor Ferrara stated that he would like to include in the recommendations that the City would continue to work aggressively ---_._~,-- ~-_.- CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 6 with the County on the Price Canyon water source. Council Member Runels also requested that the State water option also be included in the formal recommendations. Mayor Ferrara invited public comments on this item. Steve Ross, Arroyo Grande, shared the Mayor's frustrations regarding the groundwater study. He expressed concern regarding the tiered rate system and stated that the City needs to find other water sources and should not implement tiered rates. He referred to the City's fa~ade grant program and suggested setting up a rebate or grant type program to encourage creative, non-water intensive landscaping alternatives and the use of drought resistant plants. He commented that the City has a great resource in Cal Poly's Agriculture Department and suggested that their students may be interested in performing a study that would allow the City to identify certain kinds of landscape architecture and plants that would be environmentally friendly and use less water. He concluded by opposing the tiered water and sewer rate structure. Mayor Ferrara also suggested seeking out Cal Poly Engineering students to do a class project on the groundwater study. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Dickens acknowledged that staff has put together a comprehensive strategy to address both short and long term need. He commented there was a need to do the studies to get better information to make decisions. He provided the following comments: 1) Water Conservation Public Education: Include as part of the billing system the placement of individual user goals based on City projections; supported the idea for providing financial incentives to property owners focusing on landscaping changes to transition to drought tolerant materials. 2) Well No. 10: Supported moving forward on the project. 3) Tiered Water and Sewer Rate Structure: Not sure; potential inequities in the structure. 4) Groundwater Study: Will be valuable with some direct and indirect benefits; Supports. 5) Nacimiento Project: Move forward with engineering analysis prior to moving into a Supplemental EIA. 6) Reclaimed Water: Did not support. 7) Desalination Plant: Supported this option. 8) State water: More information would be good; concerned about this option; may not be a reliable long-term source. Would rather solve water issues at the local level. State water is not as high a priority; however, should work with County to stay involved. 9) Utility Retrofit Upon Sale Program: A little concerned with this program due to potential indirect impacts at the wastewater treatment plant. Council Member Runels favored keeping all the options on the table, including the Price Canyon oil field water, the retrofit program, and the State water options. He commented that the Desalination Plant project would be drought-proof but very expensive. He supported adding Well No. 10; commented that the retrofit program will help; and supported a tiered rate structure. Council Member Costello supported an updated water and sewer rate study to develop recommendations on implementing a. tiered rate structure; supported a groundwater study; supported the Nacimiento water supply option; and expressed some concern with the expense of Desalination Plant project, however, he favored further examining this option. He acknowledged that the funding for these projects would be shared with other cities. He also suggested that the reclaimed water option might be a valid option. He supported staff's recommendations. - -- . .--~-~--_._- CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 7 Mayor Ferrara stressed that many of these strategies involve other jurisdictions which will require extra effort from staff and the Council. Council Member Runels moved to 1) Direct staff to coordinate an updated water and sewer rate study, which would develop future rate recommendations based upon transition to a tiered rate structure; 2) Direct staff, in cooperation with the participants of the Basin Management Agreement, to solicit a proposal for a groundwater study; 3) Proceed with the further development of the Nacimiento water supply option through the preparation of a project description and engineering analysis; 4) Prepare an initial study on the costs and feasibility of constructing a desalination plant in conjunction with the South San Luis Obispo County Sanitation District wastewater treatment plant facility; and 5) to also include and pursue the Utility Retrofit Upon Sale Program option, the Price Canyon oil field option, and the State water option. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Runels, Dickens, Costello, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Mayor Ferrara called for a break at 9:30 p.m. The Council reconvened at 9: 40 p.m. 11. NEW BUSINESS 11.a. Consideration of Interim Urgency Ordinance Establishing a Moratorium on Medical MariJuana Dispensaries. Chief of Police T erBorch presented the staff report and recommended the Council adopt an Interim Urgency Ordinance establishing a moratorium on medical marijuana dispensaries. Mayor Ferrara invited public comments on this item. No public comments were received. Council comments included acknowledgement of the conflict between State and Federal law regarding the use of medical marijuana, acknowledgement that existing City zoning, health and safety laws do not provide for the location and/or regulation of medical marijuana dispensaries; and acknowledgement of the pending Supreme Court case concerning this issue. Following Council comments in support of the Interim Urgency Ordinance, Council Member Dickens moved to adopt an Interim Urgency Ordinance as follows: "An Interim Urgency Ordinance of the City of Arroyo Grande Establishing a Moratorium on Medical Marijuana Dispensaries". Council Member Runels seconded the motion, and on the following roll call vote: AYES: Dickens, Runels, Costello, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. "_._-_...._.~._-_._---~--- CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 8 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of GovernmentslSan Luis Obispo Regional Transit Authority (SLOCOGlSLORT A). 1) Announced that there is a new train serving the Central Coast; an Inauguration Ceremony for the new train was held on November 17th; the new train will result in increased rail service for San Luis Obispo, Grover Beach, and down through San Diego. 2) Discussed the 2004 Regional Transportation Plan for San Luis Obispo County. 3) Announced expansion of Bus Route 10 which includes many service improvements. New brochures are available at City Hall. (2) Integrated Waste Management Authority (IWMA). 1) Reviewed work plan for the coming year which will have heavy emphasis on encouraging commercial recycling. (3) Other. None. b. MAYOR PRO TEM SANDY LUBIN: (ABSENT) (1) South County Area Transit (SCAT). None. (2) Economic Vitality Corporation (EVC). None. (3) CJPIA. None. (4) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advisory Board. Recreation Area is reporting good fishing; revenues are static as compared to prior year at this time; reconstruction of the restroom is underway and estimated completion is expected in January; the Lake is approximately 46% full; received six inches of rain; First Quarter Budget report received - $177,000 under budget for expenditures; the pilot program for testing membranes is underway. Distributed letter from Supervisor Achadjian that he had written to the State Coastal Conservancy supporting the Coastal San Luis Resource Conservation District's effort to get matching funds of $150,000 to study the Arroyo Grande Creek. (2) County Water Resources Advisory Committee (WRAC). None. (3) Other. None. d. COUNCIL MEMBER JIM DICKENS: (1) South San Luis Obispo County Sanitation District (SSLOCSD). The Plant continues to maintain its discharge requirements; the digester 1 (tank) has been taken down for cleaning following public notification of potential odor increases during the cleaning process. (2) South County Area Transit (SCAT): Attended as Alternate. Received annual review; SCAT continues to increase ridership from month to month and year to year; ridership increased by 5.8% over the last fiscal year; SCAT ridership has continued to grow this fiscal year by over 11 %. Route 10 has increased services from SLO to Santa Maria with an emphasis in Nipomo. Approved assuming operation of the Avila Bay Trolley effeCtive January 1st and will enter into an Agreement with the Avila Beach Community Foundation for those services. (3) South County Youth Coalition. None. (4) Other. None. ~~-_.. ----- CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 9 e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). None. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: a) Request of Council to Appeal Planning Commission's approval of Condition #17 (regarding undergrounding of overhead utilities) for Conditional Use Permit Case 04-006; 1490 E. Grand Avenue; Gill's Market (FERRARA) Mayor Ferrara requested, and the Council concurred, to appeal the Planning Commission's approval of Condition #17 (regarding undergrounding of overhead utilities) for Conditional Use Permit Case 04-006. The item will be scheduled for consideration at the next regular Council meeting. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Council Member Dickens inquired about the upcoming Christmas Parade. Staff reported that the parade would be held in the Village on Sunday, November 28,2004. Mayor Ferrara also announced that the Grover Beach Holiday Parade would be held on Saturday, December 4, 2004 and that he and Council Member Costello would be participating in the parade, representing the City of Arroyo Grande. Mayor Ferrara reported that he had received two letters from residences (on file in the Administrative Services Department) regarding a vehicle speed survey and potential changing of speed limits on Rancho Parkway and Huasna Road. Chief T erBorch explained the City's process for conducting a speed survey which would be brought forward to the Council for approval. Mayor Ferrara referred to correspondence he had received from the Governor's Office of Emergency Services regarding the Fiscal Year 2004-05 Competitive Pre-Disaster Mitigation Grant Program and encouraged staff to pursue this grant program for a hazard mitigation plan. City Manager Adams reported that the City's Fire Department staff was pursuing this grant and a meeting was scheduled next week to discuss the issue. Mayor Ferrara reported that he had attended a workshop sponsored by the League of California Cities to formulate goals for the League. He stated one of the primary goals identified was to look at the entire housing issue for California. He expressed concerns about the draft plan that he would be raising at the next Channel Counties meeting and at the next Mayor's meeting. 16. STAFF COMMUNICATIONS: City Manager Adams announced that the City Council Reorganization Meeting was scheduled for Monday, December 6,2000 in the City Council Chambers at 6:30 p.m. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. CITY COUNCIL MINUTES NOVEMBER 23, 2004 PAGE 10 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:29 p.m. ~ ~kA/ Tony M-:-Ferr~yor ATTEST: (Approved at CC Mtg t -{1-05 )