Minutes 2003-01-28
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 28, 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 Dickens, Lubin, Costello, Mayor Pro Tem
Dickens, and Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Chief of Police TerBorch, Director
of Public Works Spagnolo, Director of Financial Services
Snodgrass, and Director of Community Development Strong.
3. FLAG SALUTE
Members of Boy Scout Troop 489 led the Flag Salute.
4. INVOCATION
Pastor Jerry Nelson, Seventh-Day Adventist Church, Arroyo Grande, delivered the
invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Lubin 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
Connie Dunbar, Arroyo Grande, spoke regarding issues relating to nuclear waste and
distributed copies of a video to the Council entitled Nuclear Power and Terrorism,
produced by the Avila Foundation. She also displayed a public hearing schedule for the
next Nuclear Regulatory Commission meeting.
James O'Keefe, Arroyo Grande, representing Kings Fish & Ctlips on E. Grand Avenue,
referred to the E. Grand Avenue improvement project and expressed concerns that work
would be done during the busiest business season as it had in the first phase. He
opposed any measures that would limit or prohibit parking in front of the businesses and
suggested that construction be done at night.
___ _____m__ ,_~__
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 2
Colleen Martin, Arroyo Grande, spoke regarding the City's schools and the possibility of
the closing and selling of the Harloe Elementary School site to fund the building of a new
school. She referred to the approval of the Hidden Oaks Elementary School site and
stated that was intended to add to the school system and was not meant as a
replacement site. She urged the City Council to contact the school district and find out
its intentions regarding Harloe School, and announced that the next School Board
meeting would be held at 7:30 p.m. on Tuesday, February 4' 2003.
Piper Adelman, Arroyo Grande, commented that the school district and the City had
collaborated in the past. She reported that the Harloe PTA was not spending any money
on improvements to the school until they knew more about what the school district
planned on doing.
Otis Page, Arroyo Grande, referred to recent correspondence regarding the moratorium
and also inquired as to why the item on the Policy/Procedure for Conducting City Council
Business was on the Consent Calendar.
Chuck Fellows, chairman of Preserve the Village, announced that the organization had
donated three trees to the City to be planted at Rancho Grande Park. He suggested that
tree tags be placed identifying the names of the trees.
8. CONSENT AGENDA
Council Member Lubin requested Item 8.f. be pulled. Council Member Costello
requested Item 8.h. be pulled.
Council Member Runels moved, and Council Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8.g., with the exception of Item 8.f., with the
recommended courses of action:
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period January 1,
2003 - January 15, 2003.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from
the Water Facility Fund.
Action: Received and filed the December 2002 cash report and approve the
interfund advance from the Water Facility Fund to cover cash deficits in other
funds at December 31,2002.
8.c. Consideration of Adjustment to Impact Fees.
Action: Adopted Resolution No. 3643 approving the annual adjustment to the
City's Impact Fees.
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 3
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment
Agency Meeting of January 14, 2003 as submitted.
8.e. Consideration of Disposal of Surplus Bicycles.
Action: Adopted Resolution No. 3644 declaring bicycles as surplus for donation
to the San Luis Obispo County Sheriff's Office to be refurbished and donated to
needy children.
8.g. Council Appointments to Various Boards, Commissions, and Committees.
Action: Approved the appointments to various City Boards, Commissions, and
Committees.
AYES: Runels, Lubin, Costello, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
8.f. Consideration of Modifications to the Policy/Procedure for Conducting City
Council Business.
Recommended Action: Adopt Resolution approving the revised
Policy/Procedure for Conducting City Council Business with the modifications
directed by the City Council at the January 14, 2003 meeting.
Council Member Lubin inquired whether this item would be open for public comment,
and he asked questions of Chief of Police TerBorch regarding the City's past experience
and frequency related to disturbances at Council meetings.
Mayor Ferrara agreed that the language regarding disturbances could be condensed;
however, he felt that there should be some procedure in place in the event enforcement
is necessary.
Mayor Ferrara opened up the item for public comment. The following members of the
public addressed the Council:
Otis Page, Arroyo Grande
Ed Dorfman, Arroyo Grande
Hearing no further public comments, Mayor Ferrara brought the item back to Council for
consideration.
Following Council discussion, Council Member Costello moved to adopt Resolution No.
3645 approving the revised Policy/Procedure for Conducting City Council Business, with
the exception of Item #3, and further directed staff to modify #3, Disturbance of City
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 4
Council Meetings, to soften the language and bring it back to Council for approval.
Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit:
AYES: Runels, Costello, Dickens, Ferrara
NOES: Lubin
ABSENT: None
There being 4 AYES and 1 NO, the motion is hereby declared to be passed.
8.h. Consideration of Approval of the Revised Urban Water Management Plan.
Recommended Action: Adopt Resolution approving revisions to the 2000 Urban
Water Management Plan to address requests of the California Department of
Water Resources (DWR).
Council Member Costello asked questions of staff regarding the amount of water being
used per person per day; projected water usage at build out; what the City's
groundwater entitlement is; and clarification regarding whether changes would be
reflected in the Plan's review and update in the year 2005.
Mayor Pro Tem Dickens referred to a typographical error on the bottom of page 1 of the
Urban Water Management Plan. Staff clarified that the reference to "Lopez" Unified
School District would be corrected to read "Lucia Mar" Unified School District. Mayor
Pro Tem Dickens referred to page 11, Table 6 [Comparison of Current Supply and
Demand for Normal, Single, Dry and Multiple Dry Years (acre-feet)] and requested that
the footnote regarding the City's projected 1 % growth rate, located at the bottom of
Table 5 [Projected Water Usage, 2005-2020] be added following Table 6 as well.
Mayor Ferrara opened the item for public comment, and upon hearing none, brought the
item back to Council for consideration.
Council Member Lubin moved to adopt a Resolution approving revisions to the 2000
Urban Water Management Plan, as amended, to address requests of the California
Department of Water Resources (DWR). Council Member Runels seconded the motion,
and on the following roll-call vote, to wit:
AYES: Lubin, Runels, Costello, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARING:
None.
--..-...
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 5
10. CONTINUED BUSINESS
10.a. Consideration of an Ordinance Amending Municipal Code Chapter 13.24
"Excavation, Grading, Erosion and Sedimentation Control".
Director of Public Works Spagnolo presented the staff report and recommended the
Council adopt an Ordinance amending Municipal Code Chapter 13.24 "Excavation,
Grading, Erosion and Sediment Control".
Mayor Ferrara opened the item for public comment, and upon hearing none, brought the
item back to Council for consideration.
Council Member Runels moved to adopt an Ordinance amending Municipal Code
Chapter 13.24 "Excavation, Grading, Erosion and Sediment Control", Mayor Pro Tem
Dickens seconded the motion, and on the following roll-call vote, to wit:
AYES: Runels, Dickens, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
1 a.b. Consideration of Issuance of General Obligation Bonds for Expansion of
Fire Station.
City Manager Adams presented the staff report and introduced Brian Forbath, Special
Bond Counsel, Stradling Yocca Carlson & Rauth, and Alan Miller, Financial Advisor,
A.M. Miller, Inc. Mr. Forbath reviewed the process for issuance of the general obligation
bonds and recommended the Council a) Adopt a Resolution declaring the City's
intention to sell bonds in the amount not to exceed one million nine hundred thousand
dollars ($1,900,000), fixing the time and place for taking bids, and directing publication of
notice inviting bids; and b) Adopt a Resolution providing for the issuance of the General
Obligation Bonds, Mr. Miller reviewed the bidding process, the anticipated interest rate,
and the City's excellent credit rating.
Council Member Lubin inquired about the procedure for opening of the bids and
suggested that a City staff representative be present at the bid opening.
Mayor Ferrara opened the item for public comment, and upon hearing none, brought the
item back to Council for consideration.
Council Member Lubin moved to adopt a Resolution declaring the City's intention to sell
bonds in the amount not to exceed one million nine hundred thousand dollars
($1,900,000), fixing the time and place for taking bids, and directing publication of notice
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 6
inviting bids. Council Member Costello seconded the motion, and on the following roll-
call vote, to wit:
AYES: Lubin, Costello, Runels, Dickens, Ferrara I
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Council Member Lubin moved to adopt a Resolution providing for the issuance of the
General Obligation Bonds. Council Member Runels seconded the motion, and on the
following roll-call vote, to wit:
AYES: Lubin, Runels, Costello, 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 8:45 p.m. The Council reconvened at 8:50 p.m.
11. NEW BUSINESS
11.a. Consideration of Resolution Regarding Loomis Complex Nomination to
State Historical Resources Commission and Discussion of Process for
Local Designation of Historical Resources and/or Landmarks.
Community Development Director Strong presented the staff report and recommended
the Council: 1) Consider adoption of a Resolution in support of nomination of the Loomis
Complex to the California Register of Historical Resources by the State Historical
Resource Commission; and 2) Discuss establishing a formal legally recognized
procedure for designation of Historical Resources and/or Landmarks and provide
direction to staff.
Following Council questions of staff, Mayor Ferrara opened up the item for public
comment. The following members of the public addressed the Council:
Donna Anderson, rural Arroyo Grande, supported historical designation of the Loomis
Complex.
Heather Jensen, Arroyo Grande, expressed concerns with the timing of the proposed
action with the project's Draft Environmental Impact Report (EIR) just being released.
She stated there was merit in bring the South County Historical Society in as a lead
instead of the City and encouraged proceeding slowly.
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 7
Scott Wachenheim, representing Preserve The Village, supported historical designation
of the Loomix Complex and supported formation of a City ordinance for designating
historical resources.
Gordon Bennett, Arroyo Grande, supported historical designation of the Loomis
Complex.
David Loomis, Arroyo Grande, opposed historical designation of the Loomis Complex.
Annetta Bennett, stated she was a member of the South County Historical Society, and
she personally supported historical designation of the Loomis Complex. She commented
that the Historical Society was too busy to take on another project and favored the City
taking the lead on this proposal.
Chuck Fellows, representing Preserve The Village, supported historical designation of
the Loomis Complex.
Howard Mankins, Arroyo Grande, stated he was also a member of the South County
Historical Society, and he expressed concerns with this item entering the political area.
He opposed the City taking a position on the historical status of the Loomis Complex.
Wayne Kinq, Pismo Beach, opposed historical designation of the Loomis Complex.
Beth Wachenheim, Arroyo Grande, supported historical designation of the Loomis
Complex.
Joe Bowd, representing developer Richard DeBlauw, stated that the EIR would include
determinations regarding the existing structures. He supported establishing a process
for local designation of historical resources and/or landmarks that would coordinate with
the CEQA process; however, he stated the City should not take a position until after
CEQA review. He spoke in opposition to the proposed historical designation at this time
as a decision to adopt would prejudice the review of the proposed project.
Richard DeBlauw, Arroyo Grande, objected to the City taking a position on this item
before public hearings could be held on the proposed project. He commented that the
City required the EIR, a draft of which had been completed and distributed.
Byron Grant, Arroyo Grande, opposed historical designation of the Loomis Complex.
Bill McCann, Arroyo Grande, spoke in support and said it was never to soon to start the
process of preservation.
Duane DeBlauw, Arroyo Grande, spoke in opposition and urged the Council to wait to
make a decision until after hearings for the project were held.
Kristen Barnich, Arroyo Grande, spoke in support of historical designation of the Loomis
Complex.
Hearing no further public comments, Mayor Ferrara brought the item back to Council for
consideration.
Council Member Costello stated he did not believe the State's granting historical status
to the buildings would kill the project, based on staffs response. He supported staff
recommendations 1 and 2.
Council Member Dickens responded to public comments and stated he was not taking a
position on the proposed project. He reviewed the relevant regulations set forth in the
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 8
California Public Resources Code (PRC). He supported State historical designation of
the buildings as they met 3 of the 4 eligibility criteria established in PRC 5024.1.
Council Member Runels did not support historical designation of the Loomis Complex.
Council Member Lubin referred to statements in the project's EIR that do not support
historical designation of the subject buildings. He stated it was his belief that adoption of
the proposed Resolution would circumvent the process and provide a position on the
proposed project. He commented that the property owner was not requesting the City
take a position, therefore, he opposed the recommendation supporting nomination of the
Loomis Complex to the California Register of Historical Resources by the State Historical
Resource Commission. Council Member Lubin supported the recommendation to
discuss a process for local designation of historical resources and/or landmarks and
further suggested that the South County Historical Society be actively involved.
Mayor Ferrara stated he did not see how the City's support for historical nomination of
the buildings would impact the project. He commented that the State has the EIR and
review of the project would continue. He supported staff's recommendations; however,
he did not favor appropriating funding for outside resources to develop an ordinance and
process for local designation of historical resources, requesting that the work be done in-
house.
Mayor Pro Tem Dickens moved to adopt a Resolution in support of nomination of the
Loomis Complex to the California Register of Historical Resources by the State Historical
Resource Commission; and to further discuss establishing a formal legally recognized
procedure for designation of Historical Resources and/or Landmarks. Council Member
Costello seconded the motion, and on the following roll-call vote, to wit:
AYES: Dickens, Costello, Ferrara
NOES: Runels, Lubin
ABSENT: None
There being 3 AYES and 2 NOES, the motion is hereby declared to be passed.
Mayor Ferrara called a break at 10:40 p.m. The Council reconvened at 10:45 p.m.
11.b. Consideration of East Grand Avenue, Phase III, Streetscape and Street
Improvement Concept Plan.
City Manager Adams presented the staff report. Community Development Director
Strong presented a review of streetscape enhancements, including bulbouts, raised
medians, colored concrete sidewalks, parking and bicycle lanes. Director of Public
Works Spagnolo presented a review of the proposed street improvements; the project's
budget; grant funding status; and the project schedule.
---..-
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 9
Mayor Ferrara inquired about lighting treatments and whether decorative street lighting
would be included. Director Strong responded that conduit would be installed for future
installation of decorative street lighting.
Mayor Ferrara inquired what plan was in place to minimize the impact to businesses
along E. Grand Avenue throughout the project. Director Spagnolo replied that there
would be no asphalt removal or removal and replacement of sewer lines, therefore the
project's impact to businesses would not be as extensive in this phase. He further
reported that two lanes of traffic would remain open at all times.
Mayor Ferrara inquired about parking and access impacts. Director Spagnolo replied
that access to driveways would be open at all times and that there would be some
limited parking on E. Grand Avenue at times.
Council Member Runels inquired whether all public utility companies had been notified.
Director Spagnolo replied yes, they would all be required to sign off on the plans.
Council Member Lubin inquired about future undergrounding and the potential effect to
the street. Director Spagnolo replied that there would be no impact on the street as
future undergrounding would be installed in the sidewalk area and that the crossings
would be installed as part of the E. Grand Ave project.
Council Member Costello asked if any of the businesses were dependent on parking on
E. Grand Avenue. Director Spagnolo assured that the contractor would work with the
businesses regarding parking issues.
Mayor Pro Tem Dickens supported the concepts presented.
Mayor Ferrara opened the item for public comment.
Vern Frederick, Arroyo Grande, commented that his tenants on E. Grand Avenue were
not notified of this meeting.
Hearing no further comments, Mayor Ferrara brought the item back to Council for
consideration.
Mayor Pro Tem Dickens moved to approve the proposed concept plan for the East
Grand Avenue, Phase III Streetscape and Street Improvement Project. Council Member
Lubin seconded the motion, and on the following roll-call vote, to wit:
AYES: Dickens, Lubin, Runels, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 10
11.c. Consideration of Pre-Application Review 02-015; The Pike and Elm; Richard
Sharp, Applicant.
Community Development Director Strong presented the staff report and introduced the
applicant, Richard Sharp. Staff recommended the Council review the proposed senior
housing project and provide feedback to the applicant.
Richard Sharp, applicant, gave an overview of the project and requested affordable
housing funding assistance from the City for this project.
Mayor Pro Tem Dickens inquired how the units would be maintained as affordable
housing units. Mr. Sharp responded they would be ownership units, not rental units.
Director Strong explained the deed restriction requirement pursuant to the City's
affordable housing ordinance.
Director Strong responded to questions from Council Member Costello regarding the
subterranean garages and how they would function with regard to drainage.
Council Member Runels commented on the number of senior housing projects that have
been approved in concept and inquired whether this project could be unrestricted as to
age requirement. Mr. Sharp replied it would affect the parking requirements and the
project would be cost prohibitive if not age-restricted.
Mayor Ferrara opened the item for public comment, and upon hearing none, brought the
item back to Council for consideration.
Council Member Runels supported the project as proposed.
Mayor Pro Tem Dickens supported the project and offered the following suggestions: 1)
include natural lighting inlets into the parking garage; 2) increase landscape buffer along
Elm Street; and 3) focus on interaction and compatibility with the adjacent 7-11 store.
Council Member Lubin commented on the number of units as it related to the density
bonus and inquired why the City was not requiring undergrounding of the utilities.
Director Strong replied that any new utilities are required to be placed underground;
however, the requirement for undergrounding existing utilities could be waived.
Following further discussion regarding buffer requirements, clarification regarding the
balance of the City's affordable housing fee fund, and comments generally supporting
the project, Mayor Ferrara ensured that the applicant had received sufficient feedback
and direction with regard to the proposed project.
There was no action taken on this item.
-.._---
I
CITY COUNCIL MINUTES I
JANUARY 28, 2003 !
PAGE 11
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1 ) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA). Reported that as a result of the
State budget, infrastructure grant funds have been impacted and projects
have been evaluated. Gave an update on the status of the Brisco and EI
Campo Project Study Reports (PSRs), which have been postponed.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Mayor Pro
Tern Dickens attended as the alternate.
(3) Integrated Waste Management Authority (IWMA). Recycling rate dropped
1 % to 51 % with the incorporation of Paso Robles. Discussion held urging
other agencies to adopt the construction and demolition recycling waste
program in order to maintain the required recycling percentage rate.
(4) Other. 1) Attended the Public Safety Policy Committee meeting last week,
addressed issues related to 9-1-1 ; addressed issues related to
reorganization of some of the State agencies and took a position; received
presentation and discussed issues related to Indian gaming and the
purchase of lands from some of the tribes. 2) Attended Channel Counties
Division meeting hosted by the City of Buellton at which 22 of the 25 cities
within the Division were represented. He requested more Council and staff
representation from Arroyo Grande at future meetings.
b. MAYOR PRO TEM JIM DICKENS:
(1) South County Youth Coalition. 1) Revised the Coalition's Mission
Statement; and 2) Reported that a San Luis Obispo Youth Council is being
formed.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Discussed
routine procedural items; reported concerns from recent storms regarding
inflow and infiltration of the sewer entities. Will be reviewing the spill
prevention program.
(3) Other. Announced that volunteers are needed for the South County 24-
Hour Relay, which is scheduled for March 29 & 30, 2003.
c. COUNCIL MEMBER THOMAS A. RUNELS:
(1 ) Zone 3 Water Advisory Board. Discussion held regarding the water
treatment plant upgrade; reported that the lake level increased due to the
recent rains; reported that the Lopez Dam remediation project is 80%
complete; Recreation area revenue has seen an 8-9% increase over prior
year.
(2) County Water Resources Advisory Committee (WRAC). Discussion held
regarding State water; received presentation about desalinating water in
the Morro Bay area for distribution up and down the coast.
(3) Other. None.
CITY COUNCIL MINUTES
JANUARY 28, 2003
PAGE 12
d. COUNCIL MEMBER SANDY LUBIN:
(1) South County Area Transit (SCAT). Has not met; however, there have
been some issues with the taxi service.
(2) Economic Vitality Corporation (EVC). 1) Received presentation from Pacific
Bell which reported that technology they have provided to this area is the
same as or better than Silicon Valley in terms of equipment. 2) Received
report from a representative of the Home Builders Association regarding
median home pricing and housing vacancy factors. 3) Reported that City of
San Luis Obispo is offering an $85,000 toward housing costs to potential
senior department head applicants. 4) Discussed the State budget deficit,
which revealed that the State infrastructure budget deficit is $175 billion.
(3) Other. None.
e. COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD). Met 1/22/03. Nipomo advisory
subcommittee met for the last time and has been disbanded. Reported that
the ban on backyard burning would be going into effect in 18 months. An
educational video is being prepared and will be available to the public by
the end of February.
(2) Other. None.
13. CITY COUNCIL MEMBER ITEMS
a) Request to place on future agenda a status report and discussion regarding State
water. (RUNELS)
Council Member Runels requested, and the City Council concurred, that an item be
added to the February 11, 2003 City Council agenda regarding the potential acquisition
of State water.
b) Request to place on future agenda consideration of prohibition of parking vehicles
on front lawns. (COSTELLO)
Council Member Costello requested, and the City Council concurred, to place on a future
City Council agenda consideration of prohibiting the parking of vehicles on front lawns.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Council Member Lubin requested, and the City Council concurred, to place on a future
agenda discussion of the Lucia Mar Unified School District's proposal to close Harloe
Elementary School.
Council Member Dickens requested staff look into recent problems with overnight
camping behind McDonald's parking lot.
-
CITY COUNCIL MINUTES
JANUARY 28, 2093
PAGE 13
16. STAFF COMMUNICATIONS
City Manager Adams presented the latest information regarding the status of the State
budget.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 12:17 a.m.
Ton#~
ATTEST:
;)JWwv/UL-
re, Director of Administrative Servicesl
Deputy City Clerk