Minutes 1998-05-12
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 12,1998
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
The City Council of the City of Arroyo Grande met in regular session ~t 7:30 p.m.,
with Mayor A. K. "Pete" Dougall presiding.
2, AND 3, FLAG SALUTE AND INVOCATION
Joanna Hensley and Sean Swanson of the Arroyo Grande Police Department
Explorer Post No. 542 led the Pledge of Allegiance. The Rev. Richard Sharn,
Retired, delivered the invocation.
4, ROLL CALL
Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council
Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff members
present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City
Clerk Nancy Davis, Director of Financial Services Lynda Snodgrass, Public
Works Director Don Spagnolo, Acting Director of Community Development Helen
Elder, and Parks and Recreation Director Dan Hernandez.
5, SPECIAL PRESENT A TIONS
Bernice Cook of American Legion Auxiliary Unit 136 accepted a proclamation on
"Poppy Days" from Mayor Dougall.
6, AGENDA REVIEW
City Manager Hunt said supplemental information on Agenda Items 7.a. and
11.a. had been distributed to the Council.
6,A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY
It was moved by Lady/Runels and the motion passed unanimously that all
resolutions and ordinances presented at the meeting be read in title only and all
further reading be waived.
7.A, PUBLIC HEARING - CONSIDERATION OF THE-SIZE AND USE OF THE
RANCHO GRANDE PARK SITE
Council Member Tolley said he had a potential conflict of interest on this matter
and left the dais.
After being assured that the Public Hearing had been duly published and all legal
requirements met, Mayor Dougall declared the hearing open and said all persons
would be heard regarding the matter.
CITY COUNCIL MINUTES
MAY 12,1998
Speaking to the Council in favor of a passive park developed with funds from the
sale of part of the proposed park land were:
Tony Ferrara, 759 Via Bandolero, who submitted his remarks for the record; Kirk
Scott, 520 Via Vaquero; Carter Hooker, 380 Spanish Moss Lane, and Tom
Talbert, 1015 Meadow Way.
Nancy Stites, 487 Bandolero, urged the Council to consider the affect of park
noise on the one of the City's most valuable commodities, the surgeons who live
near the park.
A letter from Anthony Detweiler, Rancho Grande Homeowners Association,
supporting a passive park, was submitted for the record.
Patricia Sanger, 573 Crown Hill; Bill Tappan, 1525 Chilton Avenue; Cary Boyle,
881 Turquoise Drive, and Mark Millis, 330 Corona Del Terra, spoke to me
Council in favor of the City's Parks and Recreation Commission recommendation
to keep the entire 10-acre site intact and determine the issue of passive vs.
active development at a later date.
Mike DeBlauw, 461 Campana, and Joe Kelly, 261 Chelsey Court, said there is a
need for more ball fields in the City.
Tracy Thomas, 1152 Outland Court, submitted her remarks for the record and
urged the Council not to sell any of the parkland.
Sixteen letters urging the Council not to sell any part of the parkland were
included in a supplemental staff report to the Council.
When no one further came forward to speak, Mayor Dougall closed the hearing
to the floor,
Mayor Dougall said two issues for the Council to decide were what size the park
should be and what kind of use the park should have. Council Member Fuller
said some of the parkland should be sold to fund development of the remainder
of the parkland. Council Member Runels said he did not agree to the selling of
some of the land because, after a parking lot was developed, there would not be
enough land left for a park. Mayor Pro Tem Lady said the park should be
passive and he was in' favor of selling three lots. Mayor Dougall said he would
not be in favor of selling any of the parkland.
After further Council discussion, it was moved by Fuller/Lady (2-2-1, with Fuller
and Lady voting aye, Dougall and Runels voting no, and. Tolley abstaining) to
direct staff to initiate proceedings to create unimproved lots with even rear
property lines on the parkland adjacent to Collado Corte, and to sell Lots 1, 2, 3,
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CITY COUNCIL MINUTES
MAY 12, 1998
and 4, as drawn on the map on the overhead projector at the meeting. The
motion failed.
It was moved by Lady/Fuller (2-2-1, with Lady and Fuller voting aye, Dougall and
Runels voting no, and Tolley abstaining) to sell only Lots 1, 2, and 3, as drawn on
the map on the overhead projector, include all points made in the first motion,
and add proper fencing. The motion failed.
City Attorney Carmel said no action at this meeting would mean the park site
would remain 10 acres, but the Council would need to specify the use.
It was moved by Lady/Fuller (2-2-1, with Lady and Fuller voting aye, Dougall and
Runels voting no, and Tolley abstaining) to sell two lots the approximate size of
.6 of an acre each and include all points made in the first and second motions.
The motion failed.
Council Members began to discuss the uses in the park and how to fund its
development.
It was moved by Dougall/Runels (2-2-1, with Dougall and Runels voting aye,
Lady and Fuller voting no, and Tolley abstaining) to create two designs for a
Rancho Grande passive park, one 10 acres and one 8~ acres; form an advisory
committee (with membership to be determined later) to design a park to fit on
both sites; set a dollar value for selling of 1, 2, 4, or whatever configuration of
lots, and bring the matter back in 60 or 90 days for a Council decision. The
motion failed.
City Attorney Carmel said there was a need for direction on use of the park and
how to fund it. He said staff could be directed to find funding sources.
It was moved by Runels/Dougall (3-1-1, with Runels, Dougall, and Lady voting
aye, Fuller voting no, and Tolley abstaining) to develop a passive park with uses
paralleling those uses at Strother Park, as of May 12, 1998. The motion passed.
City Manager Hunt said because of no action by the Council on size of the park,
it remains 10 acres and is defined as passive, He asked if the Council was
directing staff to prepare a preliminary 1 O-acr~ park design based on Strother
Park uses. There was Council consensus that staff do so.
It was moved by Lady/Fuller (4-0-1, with Lady, Fuller, Dougall, and Runels voting
aye, Tolley abstaining) to give staff direction that, when researching funding
vehicles for the passive park, it look at all grants available, the Quimby Act, and
potential property values if lots were created for a funding mechanism. The
motion passed.
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CITY COUNCIL MINUTES
MAY 12,1998
City Manager Hunt said staff would bring back a design in 90 to 120 days.
Council Member Tolley returned to the dais.
COUNCIL RECESSED FROM 9:08 TO 9:17 P.M,
, 7.B. AUTHORIZE THE SUBMISSION OF PROJECTS FOR THE 1998-99
CDBG FUNDING CYCLE
City Manager Hunt said the City's consultant, Applied Development Economics,
had requested additional time to prepare the applications for next year's projects.
He said the Public Hearing would be re-noticed.
It was moved by Lady/Runels and the motion passed unanimously to continue
the agenda item to a date uncertain.
8. PUBLIC COMMENT PERIOD
None.
9, CONSENT AGENDA
It was moved by RunelsfTolley (5-0-0, with Runels, Tolley, Fuller, Lady, and
Dougall voting aye) to approve Consent Agenda Items 9.a. through 9.g. and 9.i.
through 9.k., with the recommended courses of action.
9.a. Cash Disbursement Ratification. Approved.
9.b. Statement of Investment Deposits. Received and filed.
9.c. Cash Flow Analysis/Approval of Interfund Advance from Sewer Facility Fund.
Cash Report accepted; Interfund Advance approved.
9.d. FY 1998-99 Appropriation Limit. Resolution No. 3281 Adopting a Tax
Proceeds Expenditure Appropriation Limit for Fiscal Year 1998-1999 was
adopted.
9.e. Minutes of April 14 and 28, 1998 City Council Meetings. Approved.
9.f. Authorization to Solicit Bids; Don Roberts Field Recreational Improvements,
Project No: 80-98-2. Approved,.
9.g. Award of Bid for Aerial Photos. Awarded to Golden State Aerial Surveys.
9.i. Final Parcel Map Approval- AG 97-082,459 Grand Avenue. Approved.
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CITY COUNCIL MINUTES
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9.j. Public Works Fees and Services Charges. Council adopted Resolution No.
3282 Increasing and Establishing Specified Fees for Public Works Field
Services.
9.k. Lot Line Adjustment AGAL 97-116, Morning Rise 11- Dorfman. Approved.
9.h. Tract Map 2190 Water Neutralization Proposal (Bowen). Approved.
On the suggestion of Council Member Runels, the Council agreed that instead of
retrofitting, a vehicle would be set up to collect monies for.a fund .to re-charge the
ground water with runoff from the Sanitation District plant. City Manager Hunt
said staff would be presenting a water neutralization program to the Council on
May 26th and would retain the Bowen project money for the new program.
It was moved by Runels/Lady and the motion passed, with Fuller abstaining, to
approve Consent Agenda Item 9.h.Tract Map 2190 Water Neutralization
Proposal (Bowen).
10,A. CONTINUED BUSINESS - EL CAMPO ROAD/ROUTE 101
INTERCHANGE ALTERNATIVES ANALYSIS
Public Works Director Spagnolo said staff recommended Council receive and file
the report by Higgins and Associates and comments from the Planning and
Traffic Commissions and direct staff to return to Council with a request for
proposals for the preparation of a Project Study Report for the EI Campo/Route
101 interchange once funding is secured through San Luis Obispo Council of
Governments.
Jill Peterson, Associate Engineer with John Wallace and Associates, and Larry
Hale of H.iggins and Associates were present to answer Council questions.
Speaking to the Council about the Project Study Report were Kirk Scott, 520 Via
Vaquero; Fourth District Supervisor Ruth Brackett; Nanci Parker, 129 East
Cherry, and Otis Page, 606 Myrtle. They spoke about the need for an area
master plan and regional solution; the need to work with the County throughout
the process; and the need to identify the purpose of the interchange, and the
need to find where funding would come from.
Council Members spoke in favor of a Project Study Report being done, It was
moved by Tolley/Runels and the motion passed unanimously to approve staff
recommendations and to work with the County and SLOCOG in developing a
master plan.
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MAY 12, 1998
11,A. PROPOSED MODIFICATIONS TO THE ARCHITECTURAL ADVISORY
COMMITTEE
Acting Community Development Director Elder said staff recommended the
Council direct staff to prepare an ordinance addressing the modification of the
Architectural Advisory Committee including:
1. Changing the name to Architectural Review Committee,
2. Increasing the number of members to five,
3. Setting the term of office for current members to end January 31, 1999,
4. Establishing experience requirements for Committee members, and
5. Establishing the appointment process similar to other City boards and .-
commissions for consistency.
Tony Ferrara, representing the Citizens Committee for Responsible,
Development, using the overhead projector, gave a response to staffs report.
He said the Committee recommended that two members of the MC have
technical design experience, that three lay members be appointed who can judge
consistency with the General Plan and Development Code, and that at least one
member be a member of the Planning Commission.
Mayor Dougall, Mayor Pro Tem Lady, and Council Members Tolley and Fuller
agreed with the need to change the structure of the MC. Council Member
Runels said he was not in favor of expanding the Committee.
It was moved by Tolley/Lady and on a roll call vote, with Tolley, Lady, Fuller and
Dougall voting aye and Runels voting no, approved the motion to modify the
name to Architectural Review Committee; increase the members to five; change
the appointment process to be like other commissions and boards; end the
current terms of office January 31, 1999; require that at least three members
have technical design experience, and issue a policy statement that projects
should adhere to the, General Plan and the Development Code,
In answer to Council Member Fuller, City Manager Hunt said the Mayor would
bring to the Council for approval the name of a citizen to fill the present vacancy
on the Committee.
11.8. FISCAL YEAR 1998-99 BUDGET SESSIONS
City Manager Hunt said staff recommended the Council meet to review, modify
as appropriate, and adopt the Fiscal Year 1998-99 Budget on June 4th, June 11tO,
June 1ih, and June 23r , Council Member Tolley requested that Wednesday
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CITY COUNCIL MINUTES
MAY 12,1998
and Thursday meetings begin at 7:30 p.m. Council approved the dates and
times.
11,C, PROPOSED BALLOT MEASURES - NOVEMBER 3. 1998 GENERAL
ELECTION
City Manager Hunt said staff recommended the Council adopt language for three
proposed November 3rd Election Ballot Measures on:
1. Increasing the Transient Occupancy Tax from 6 to 10 percent,
2. Beginning January 1, 2001, making the offices of City Clerk and Treasurer
appointive, and
3. Continuing to collect a Utility Users Tax, currently at 2.4 percent.
Mr, Hunt said if Council decided to proceed with the ballot measures, it should
adopt the necessary resolutions to conduct the election. He .said the election
would cost approximately $13,500 and this amount was included in the City
Clerk's FY 1998-99 budget requests.
It was moved by RunelsfTolley (5-0-0, with Runels, Tolley, Fuller, Lady, and
Dougall voting aye) to adopt Resolution No. 3283 Establishing Regulations for
Candidates for Elective Office Pertaining to Materials Submitted to the Electorate
for the General Municipal Election to be Held in the City on Tuesday, November
3, 1998.
It was moved by Tolley/Runels (5-0-0, with Tolley, Runels, Fuller, Lady, and
Dougall voting aye) to Adopt Resolution No. 3284 Providing for the Conduct of a
Special Runoff Election for Elective Offices in the Event of a Tie Vote at Any
Municipal Election.
It was moved by Tolley/Fuller (5-0-0, with Tolley, Fuller, Lady, Runels, and
Dougall voting aye) to adopt Resolution No. 3285 Calling and Giving Notice of
the Holding of a General Municipal Election to be Held in the City on Tuesday,
November 3, 1998, for the Election of Certain Officers of the City and For
Submission of Proposed Measures.
It was moved by RunelsfTolley (5-0-0, Runels, Tolley, Fuller, Lady, and Dougall
voting aye) to adopt Resolution 3286 Requesting the Board of Supervisors of the
County of San Luis Obispo to Consolidate a General Municipal Election to be
Held on November 3, 1998, with the Statewide General Election to be Held on
the Same Date Pursuant to Section 10403 of the Elections Code.
It was moved by Tolley/Runels (5-0-0, with Tolley, Runels, Lady, Fuller, and
Dougall voting aye) to adopt Resolution No. 3287 Setting Priorities for Filing
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CITY COUNCIL MINUTES
MAY 12, 1998
Written Arguments Regarding City Measures and Directing the City Attorney to
Prepare I mpartial Analyses.
It was moved by Tolley/Fuller (5-0-0, with Tolley, Fuller, Lady, Runels, and
Dougall voting aye) to adopt Resolution No. 3288 Providing for the Filing of
Rebuttal Arguments for City Measures Submitted at Municipal Elections.
11,D, AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
PORTIONS OF TITLE 2 AND TITLE 4 OF THE ARROYO GRANDE
MUNICIPAL CODE
City Attorney Carmel said staff recommended Council introduce for 'first reading
an ordinance:
1. Making internally consistent the City Manager's appointment and dismissal
authority with regard to all Department Director positions, including the Director
of Building and Fire, and
2. Repealing a section of the Municipal Code requiring. the installation of fire
sprinkler systems in all new construction in the City (a .section that has not been
enforced since 1985).
It was moved by Fullerrrolley and the motion. passed unanimously to introduce
for first reading an Ordinance Amending Portions of Title 2 and Title 4 of the
Arroyo Grande Municipal Code.
12. COUNCIL COMMUNICATIONS
Council Member Runels commented on the plan of the City of Grover Beach to
narrow Grand Avenue to two lanes beginning at Oak Park Boulevard, and the
unexpectedly high cost of the trolley that will run on Grand Avenue.
Council Member Tolley thanked staff for its work on the carnival that benefited
the youth of the community, He said there would be a March Against Violence
on May 30th.
Mayor Dougall thanked the City for its cooperation with the March of Dimes,
which he said raised $52,000.
13. STAFF COMMUNICATIONS
City Manager Hunt said Council would rec~ive copies of the proposed FY 1998-
99 Budget on May 15th,
14, ADJOURNMENT
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It was moved RunelslTolley and the motion passed unanimously to adjourn the
meeting at 10:38 p.m. to a joint City Councils' meeting at 6:00 p.m. Thursday,
May 21, 1998 at Embassy Suites Hotel, San Luis Obispo.
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