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Minutes 2002-04-09 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 9, 2002 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER I Mayor Lady called the Regular City Council meeting to order at 7:10 p.m. 2. ROLL CALL City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Chief of Police TerBorch; Senior Police Officer lanneo; Director of Building and Fire Fibich; Director of Community Development Strong; Director of.. Public Works Spagnolo; and Director of Parks, Recreation, & Facilities Hernandez. 3. FLAG SALUTE Wayne Dempster, representing Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh-Day Adventist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation - Recognizing Arroyo Grande High School Students Aaron "Ash 1" Hernandez and Madeline "Madi" Peterson. Mayor Lady presented Honorary Proclamations recognizing Aaron "Ash 1" Hernandez and Madeline "Madi" Peterson for writing and recording a winning song for the "Chief Operator Teen Driver Program". Senior Police Officer fanneo accepted the proclarnations on behalf of the students. 5.b. Proclamation - Recognizing April 2002 as "California Earthquake Preparedness Month" I Mayor Lady presented an Honorary Proclamation recognizing Aprif 2002 as "California Earthquake Preparedness Month" and the Statewide Campaign - "Ready to Ride It Out?". Chief of Police TerBorch accepted the proclamation. 6. AGENDA REVIEW None. CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 2 6.a. Resolutions and Ordinances Read in Title Only Council Member Ferrara moved, Council Member 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 Heather Jensen, resident of Arroyo Grande, announced that Arroyo Grande would be celebrating the 65111 Annual Harvest Festival this year, which is run by community volunteers. She stated that members of the community were needed to volunteer and invited citizens to attend a meeting on April 16, 2002 at 6 pm. at the South County Regional Center. Mike Liebo, Destination Imagination Coordinator, reported that a group of students from Paulding and Judkins won first place in the State Finals. He submitted a letter to the Council requesting consideration for continued support this year for the attendance at . the National Finals. The amount requested was $1,000. Patty Welsh, 1151 Pradera Court, referred to the intersection of Highway 227 and Huasna Road and spoke about the increasing traffic and the time it takes to pass through the intersection. She requested the Council take this issue under consideration when approving more development in this area. Bill McCann, 575 Crown Hill Road, acknowledged the comments made previously about the Harvest Festival. He displayed an aerial photograph taken in 1992 which shows the agricultural land within Arroyo Grande. He commented it would be hard to have a Harvest Festival without the harvest. Mr. McCann further clarified and corrected comments made regarding participation of CCCLA members in the General Plan Update process. Tim Brown, 125 Allen, acknowledged the accomplishments and memory of Rodney McGuire who recently passed away and announced a trust fund had been set up at Heritage Oaks Bank to assist the family. Bob Lund, 133 E. Branch, representing the Village Improvement Association, announced two upcoming workshops on April 11111 and April 22nd regarding the Historic District Guidelines and encouraged attendance. Dale Gropp, 246 Walnut, reviewed the definition and criteria for determining prime soils. He reported that he had personally evaluated the soil on the Vanderveen parcel and found it to meet the criteria. Don Gullickson, 513 E. Cherry, suggested that the City cancel its street sweeping contract or develop no on-street parking on designated sweep days. He also spoke of the lack of sidewalks along Allen Street and spoke of an ordinance that required installation of sidewalks. -- --..-- ---<----n___..____ ------- --- CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 3 Dawn Afman, Wildflower Road, Nipomo, stated she was a soil science graduate and urged the Council to protect the City's prime soil. 8. CONSENT AGENDA Council Member Lubin moved and Council Member Ferrara seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with ,the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for. the. period March 16, 2002 through March 31, 2002. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of March 31,2002. 8.c. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed February 2002 Cash Report and approve the interfund advance from the Water Facility Fund. to cover cash deficit in other funds at February 28, 2002. 8.d. Consideration of Acceptance of Improvements for Tract 2265. I Action: Adopted Resolution No. 3584 accepting improvements for Tract 2265. I 8.e. Consideration of Request for Authorization to Close City Streets and Use I City Property for the Annual Strawberry Festival, May 25 & 26, 2002. I Action: Adopted Resolution No. 3585 authorizing the closure of City streets and use of City property. 8.f. Consideration of Request for Authorization to Waive Application Fees and Use City Property for the March of Dimes Walk America. Action: Adopted Resolution No. 3586 authorizing the waiver of permit application fees and use of City property for the Annual March of Dimes Walk America to be held on May 4, 2002. 8.g. Consideration of an Appropriation from the Downtown Parking Fund for the Scenic Creekside Walk Through the Historic Village of Arroyo Grande, Phase III Project. Action: Appropriated $2,500.00 from the Downtown Parking Fund to be used for the design to reconfigure the Olohan Parking lot adjacent to the Scenic Creekside Walk through the Historic Village of Arroyo Grande, Phase III project. AYES: Lubin, Ferrara, Runels, Dickens, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. -.-- -----, "-----._- ~_..._- - CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 4 9. PUBLIC HEARING 9.a. Consideration of Appeal of the Planning Commission's Approval of Conditional Use Permit Case No. 02-004 to Allow the OperatIon of an Adult Day Care Facility in the Single Family ResidentIal District for the Safe Haven Social Rehabilitation Day Program; 202 Vernon Street. Community Development Director Strong presented the staff. report and responded to questions from Council. Staff recommended the Council.adopta:.Resolutionupholding the decision of the Planning Commission to approve CUP Case No. 02-004. Mayor Lady opened the Public Hearing and stated members of the public were invited to come forward to speak on the matter. The following members of the public spoke regarding the proposal to allow the operation of an adult day care facility in the Single Family..ResidentiaLDistrict for the Safe Haven Social Rehabilitation Day Program at 202 Vernon Street: Paul Geihs, attorney representing the appellant, 314 Pomeroy, spoke in opposition. Jill Bolster-White, Executive Director for Transitions Mental Health Association, spoke in support. Barrv Johnson, Program Director for Transitions Mental Health Association, spoke in support. Chris Clark, 562 Crown Hill, spoke in support. Arpad Soo, Valley View Adventist Academy Board President, spoke in opposition. Richard Gainer, 248 W. Branch, spoke in opposition. Dorothy Warren, 1241 Farroll Road, spoke in opposition. Dr. Bill Buckendohl, 235 Larchmont, spoke in opposition. Jaime Sanbonmatsu, 381 Rio Road, representing parents and students at Valley View Adventist Academy, spoke in opposition. Kylie Walter Crist, 215 Garden Street, spoke in support. Kamron Walter Crist, 215 Garden Street, spoke in support. Patricia Marr, 266 W. Branch Street, spoke in opposition. Aileen Loe, Arroyo Grande resident, spoke in support. Linda Leonard, 127 S. Mason Street, spoke in support. Shelly Cochran, 200 S. Mason Street, spoke in support. Debbie White, 576 Bakeman Lane, spoke in support. Dale Wolff, Director of County Health, spoke in support. Sam Detraalia, Oceano resident, spoke in support. Jason Cocks, 1443 Deer Canyon Road, spoke in support. Dwayne Chisam, property owner of 268 and 270 W. Branch Street, spoke in opposition. Linda DeBlauw, appellant, spoke in opposition. She read into the record several letters of opposition from surrounding neighbors. t , Kenneth Hansen, 247 Larchmont Drive, spoke in opposition. I I I i - -- CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 5 Travis Evans, 270 Larchmont Drive, spoke in opposition. Nick Ustin, 269 Larchmont Drive, spoke in opposition. David Cross, 244 W. Branch Street, spoke in support. Ken Levine, 1425 Hillcrest Drive, spoke in support. Sara Cress, Clinical Social Worker at San Luis Obispo County General Hospital, spoke in support. Tim Beall, 1055 Craig Way, spoke in opposition. Jerrv Nelson, Pastor and Board Member of Valley View Adventist Academy, spoke in opposition. JT Haas, Board Member for Transitions Mental Health Association,spoke in support. Carie Randolph, 1310 Sierra Drive, spoke in support. Derron Dike, former employee of Transitions Mental Health-Association and current Board Member for County Board of Mental Health, spoke in support. Rae Belle Gambs, President of the National Alliance for Mentally III, spoke in support. Orrin Cocks, 1457 Deer Canyon Road, spoke in support. Rebecca Crist, property owner of 202 Vemon Street, spoke in support. Dan Meidinaer, Principal of Valley View Adventist Academy, spoke in opposition. Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Member Lubin spoke about his support of property rights; theissue of property values; agreed that there is a need in the community for this program; acknowledged the Association's record of safety at its previous locations; acknowledged the community's generalized fear factor; and expressed that there were valid concerns. and some misconceptions on both sides of the issue. He expressed his main concern was that this location was too close to a school. He could not justify approving the project as proposed and supported upholding the appeal. Council Member Dickens asked staff to address the zoning issues. Community Development Director Strong stated the R-1 zone allows many non-residential uses most of which are controlled by Conditional Use Permit. He stated in this instance, he believed there was an ambiguity in the Code and a need for interpretation. He stated that he felt a large day care use for other than children should require more than administrative approval. City Attorney Carmel clarified that in the Development Code there is a list of residential uses which are permitted, not permitted, and conditionally permitted and not all potential uses are listed. He explained that large adult daycare is not listed in the Code, so the Planning Commission made the interpretation that it was similar to other conditionally permitted uses in a residential zone. He stated that the conditional use concept was to impose conditions to render a use more compatible within a residential zone. Council Member Dickens acknowledged the Planning Commission's unanimous approval of the project as a conditionally permitted use; acknowledged concerns expressed by neighbors and parents of children at Valley View School; acknowledged that the applicant had received no complaints at its prior locations nor were there any --.- CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 6 calls for law enforcement; spoke about perceived impacts versus real impacts; felt that the proposed use could co-exist with the school; commented that the City has four public schools and at least seven private schools, which would make it difficult to locate elsewhere in the City away from a school; addressed the zoning issue; and stated he supported the project as conditioned. He recommended denying the appeal and upholding the Planning Commission's approval of the Conditional Use Permit application. Council Member Ferrara stated he had conducted some research on mental illness to obtain factual information in order to make a more informed decision. He reviewed some material he had obtained and then explained his view of the proposed use at the proposed location on Vernon Street. He referred to the City of Cerritos Ordinance for adult health care facilities subject to certain criteria and limitations, and in reviewing it, felt a similar ordinance should be considered by the City of Arroyo Grande. He stated his main issue is the proximity of the school to the proposed facility. He referred to volunteerism in the community and some of the offers of assistance that had been made during the public comment period. He suggested postponing the decision on the Conditional Use Permit for 30 days in order to assist the applicant in finding an altemate location in the City. Mayor Pro Tem Runels asked if staff had met with the applicant in order to identify alternative locations. Community Development Director Strong replied yes; however a specific alternate location that permits the proposed use had not been found. Mayor I Pro Tem Runels stated the Association provides a valuable service to the community and he would support Council Member Ferrara's recommendation to postpone the item for 30 days in order to seek an alternate location. Mayor Lady agreed that there could be better options out there and supported continuing the item to allow staff and the Council to assist the applicant in identifying an alternate location in the City. City Manager Adams explained that subject to the applicant's approval, staff would be willing to assist the applicant in exploring alternate locations. Jill Bolster-White stated Transitions would be willing to work with staff; however, they were nervous about having to go through another public hearing process in a month should an altemate location not be found. Council Member Ferrara suggested that 45 days would be a more reasonable timeframe to find a location. Mayor Lady and Mayor Pro Tem Runels concurred. Council Member Dickens stated he did not agree with postponing this item. He stated that if another location were found, another public hearing would have to be conducted and those property owners within 300 feet would have to be notified. He stated this would place an unfair burden on Transitions; and that the City Council could not -------- ------. CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 7 guarantee that within 45 days a perfect location would be found that meets all the criteria and have public support. He did not support the proposal. Following further discussion regarding the process of the appeal, Council Member Ferrara moved to postpone the appeal of the Planning Commission's . approval of Conditional Use Permit Case No. 02-004, Transitions Mental Health Association, 202 Vernon Street, to give an opportunity for staff to work with the applicant and members of the community to assist, as deemed appropriate, in determining an alternate site for the Transitions Center, and that this issue be reconvened with a.disposition one way or the other on May 28, 2002. Mayor Pro Tern Runelsseconded the. motion, . and..on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Runels, Lady NOES: Dickens ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. ! 10. CONTINUED BUSINESS I Council Member Lubin declared a potential conflict of interest due to real property ownership and stepped down from the dais. Council Member Ferrara stated he had submitted a written request to the Fair Political Practices Commission (FPPC) for a written opinion on whether or not he had a conflict of interest on this issue, as claimed by Castlerock Development. He reported that he received a written letter back from the FPPC indicating that they are short staffed and it would not be able to respond with a formal opinion for a long time. He stated that when he spoke informally on the phone with the FPPC, they did indicate that they did not feel he had a conflict; therefore, he would continue to participate on this matter. 10.a. Consideration of Authorization to Solicit Bids for Rancho Grande Park; Project No. PW 2002.03. Director of Parks, Recreation, and Facilities Hernandez presented the staff report and responded to questions from Council. Staff recommended the Council approve the plans and specifications for the Rancho Grande Park project, and authorize staff to solicit public construction bids for the Rancho Grande Park project. Mayor Lady invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Mayor Pro Tern Runels moved to approve the plans and specifications for the Rancho Grande Park project, and authorize staff to solicit public construction bids for the ---. -....--- .. ------ CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 8 Rancho Grande Park project. Council Member Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Ferrara, Dickens, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin returned to the dais. 11. NEW BUSINESS 11.a. Consideration of a Resolution Consenting to the Assignment of the Solid Waste and Green Waste, and Residential Curbside and Commercial Recycling Collection Franchise Agreements to Waste Connection, Inc. City Attorney Carmel presented the staff report and responded to questions from Council. Staff recommended the Council adopt a Resolution consenting to the Assignment of the Solid Waste and Green Waste, and the Residential Curbside and Commercial Recycling Franchise Agreements to Waste Connections, Inc. Mayor Lady invited comments from those in the audience,who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Council Member Ferrara moved to adopt a Resolution Consenting to the Assignment of I the Solid Waste and Green Waste, and the Residential Curbside and Commercial Recycling Franchise Agreements to Waste Connections, Inc. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Dickens, Runels, Lubin, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. I I , i 11.b. Consideration of Request for Authorization to Contract with RRM Design i , I Group to Produce a Feasibility Report for Expansion of the Fire Station. , , Director of Building and Fire Fibich presented the staff report and responded to I I questions from Council. Staff recommended the Council authorize the City Manager to enter into an agreement with RRM Design Group to produce a feasibility analysis and cost estimate for expansion of the Fire Station. --- -- ------- , CITY COUNCIL MINUTES I I APRIL 9, 2002 I PAGE 9 Mayor Lady invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady brought the item back to Council for consideration. Mayor Pro Tern Runelsmoved to authorize the City Manager to approve and enter into a contract for professional services related to a feasibility analysis'and>cost, estimate for fire Station expansion, with RRM Design Group, for an amount notto;exceed $16,000. Council Member Dickens seconded the motion, and on the foUowingroU-caU vote, to wit: AYES: Runels, Dickens, Ferrara, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS a) Request to place on agenda for discussion changes and enforcement of City Council meeting procedures. (FERRARA) Council Member Ferrara referred to a memorandum dated March 27, 2002 that was distributed to the City Manager, Council Members, City Attorney, and Police Chief regarding City Council Meeting Protocol. He referred to language used by the San Luis Obispo County Board of Supervisor on its Board Appearance. Request Form and proposed that similar language be added on the City Council Agenda that "Public comment remarks should be directed to the Chairman and the Board as a whole and not to any individual thereof. No person will be permitted to make slanderous, profane or personal remarks against any individual." Discussion ensued among the Council. The majority of the Council indicated they felt comfortable with the current policies and procedures. Council Member Ferrara suggested that if it became necessary, that the Mayor request public speakers to comply with Council policies and procedures as a whole. b) Sphere of Influence Issues. (FERRARA) Council Member Ferrara requested that the Council authorize staff to place on a future Agenda a proposed process for monitoring Nipomo incorporation efforts. There was consensus of the Council approving the request to place the issue on a future Agenda. 13. CITY MANAGER ITEMS City Manager Adams reported that the City Engineer had received Parcel Map AGAL 00-005, owned by DB&M Properties. The subject parcel is located at 520, 522, and 528 East Branch Street. This Parcel Map is the recording device for Lot Line Adjustment Case 00-005 approved by the Planning Commission on December 5, 2000. The Lot Line Adjustment and subsequent Parcel Map reconfigures 12 existing lots into 10 new -- -- ---- ---~_...._--- --_.-- --- CITY COUNCIL MINUTES APRIL 9, 2002 PAGE 10 lots with a one-way private access road. The Planning Commission approved the name for the access road as Sterling Drive on May 18, 2001. Unless appealed, the Final Map will be approved or disapproved by the City Engineer within ten days following the date of this meeting. 14. COUNCIL COMMUNICATIONS Council Member Dickens referred to and commented on an article in a recent issue of Western City magazine entitled "Balancing Housing and Growth Pressures With Limited Resources". Council Member Dickens requested an update on the City's agreement on the management of the Arroyo Grande groundwater. basin and the Santa Maria litigation. City Manager Adams agreed that staff would provide an update at a future meeting. Council Member Ferrara referred to correspondence that he had received from Mr. Fred Bauer regarding workforce housing and requested that staff provide feedback on the letter. 15. STAFF COMMUNICATIONS None. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 12:48 a.m. -~J? Michael A. Lady, yor ATTEST: ! /iltrtll/JO~ e, Director of Administrative Servicesl Deputy City Clerk