Minutes 1997-03-11
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MINUTES
REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL
TUESDAY, MARCH 11, 1997
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CAUFORNIA r
SPECIAL CITY COUNCIL MEETING
Mayor A. K "Pete" Dougall; Mayor Pro Tern Michael Lady; Council Members Michael
Fuller, Thomas A Runels, and Steve Tolley; City Manager. Robert L Hunt, and Assistant
City Attorney Roger Lyon met at 6:30 p.m. to disaJSS the following:
1. PUBLIC COMMENT:
No one came forward to speak.
2. CLOSED SESSION:
(a) CONFERENCE WITH REAl PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8.
Property Lots 125 and 131 of Rancho Corral de Piedra; Volume 116, Page 436 of
Official Records of San Luis Obispo County (Assessor's Parcel No. 075-311-013).
Negotiating Parties: Brush Poppers and City Manager.
Under Negotiation: Price and terms of payment
3. ADJOURNMENT: To Regular City Counal Meeting, March 11, 1997,7:30 p.m.
Arroyo Grande City Council Chambers, 215 East Branch
Street
REGULAR CITY COUNCIL MEETING
1. CALL TO ORDER -
The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with
Mayor Dougall presiding. He said' no reportable action was taken on Item 2.a. in the
Closed Session.
2. AND 3. FLAG SALUTE AND INVOCATION
The Pledge of Allegiance to our Rag was led by Hank Mancini, State Officer of the Knights
of Columbus. The Reverend Jem Henry, Sl Patrick's Catholic Church, delivered the
invocation.
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4. ROLL CALL
City Council - Present with Mayor Dougall 'Here Mayor Pro Tem Lady and Council
Members Fuller, Runels, and Tolley. Staff members present 'Here City Manager Hunt,
Assistant City Attorney Lyon, City Clerk Nancy Davis, Community Development Director
Doreen Liberto-Blanck, Finance Director Lynda Snodgrass, Associate Planner Bruce
Buckingham, Chief of Police Rick TerBorch, Director of Building and Fire Terry Fibich,
Director of Parks and Recreation John Keisler, and Public Works Director John Wallace.
5. SPECIAL PRESENTATIONS '
S.a. Proclamation: National Agriculture WeeklDay. Mayor Dougall presented the
proclamation to J Johnson, President of the Arroyo Grande Chamber of Commerce,
proclaiming March 16-22, 1997 as "Agriculture Wee'tr:' and March 20, 1997 as "National
Agriculture Day."
S.b. Proclamation: Art Education Month. Mayor Dougall presented the procfamation to
Todd Talley,'member of the County Arts Council, recognizing the month of March as "Art
Education Month."
S.c. Proclamation: Honoring Patricia J. Sanger, Former Chair of the Parks and Recreation
Commission. Mayor Dougall presented the proclamation to Ms. Sanger, honoring her for
18 years of service to the City of Arroyo Grande as Parks and Recreation Commissioner.
6. AGENDA REVIEW
None.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY
It was moved by LadylRunels 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 - DEVELOPMENT CODE AMENDMENT TO REVISE TITLE 9.
CHAPTERS 10 AND 18 DELETING REFERENCE TO CONGREGATE AND
RESIDENTIAL CARE FACILITIeS
Community Development Director Liberto-Blanck summarized the applicanfs request for
a Development Code Amendment in order to proceed with the demolition of an existing 18-
room, 25-bed residential care facility at 222/224 South Elm Street and the construction of
a new 37 -suite, 72-bed assisted living facility. The new facility will be a tvJo-story facility
with a common dining facility and kitchen. The suites do not contain individual kitchens.
The Development Code Amendment would eliminate the reference to a single-bed as
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equivalent to "a unif for purposes of defining a dwelling unit, and for the cafrolations of
development density. The applicant had requested this change to reflect the demand for
new and updated facilities in the residential care and assisted living facilities industry.
Upon question, Community Development Direct Uberto-Blanck responded that, depending
upon what individuals were paying for the units, it could be counted towards low-cost
housing.
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.
Chris Skiff, Horizon Multi-Housing, LLC, applicant, gave a presentation of the project
displaying a colored rendering of the proposed facility. Juanita McMullen, OYJrler of
222/224 Elm Street, also spoke in favor of the project.
When no one further came forward to speak, Mayor Dougall dosed the hearing to the
floor.
After Council discussion, it was moved by RunelslFuller (5-0-0, Runels, Fuller, Tolley,
Lady, and Dougall voting aye) to introduce an Ordinance for first reading adopting a
negative declaration, instructing the City Clerk to file a Notice of Determination, and
adopting Municipal Code Amendments to Title 9, Chapter 10, entitled "General
Development Standards" and.Title 9, Chapter 18 entitled "Definitions."
8. PUBLIC COMMENT PERIOD
Juan Olivarra, Principal of Hanoe Elementary School, complimented Patricia Sanger on
her contributions to the community of Arroyo Grande as a Parks and Recreation
Commissioner as well as a teacher at Hance Elementary Schoof. He also expressed his
appreciation to the Parks and Recreation Department for its partnership efforts with the
school to provide the highly successful noon-time sports program for first through sixth
grade students utilizing teachers from the Children In Motion program.
Kirk Scott, representing the Citizens' Committee for Responsible Development, spoke to
the Council about the Central Coast Town Center commercial development.
9. CONSENT AGENDA
It was moved by Lady/Fuller and the motion passed unanimously to approve Consent
Agenda Items 9.a. through 9.j., 9.1. through 9.p., and 9.r.
9.a. Cash Disbursement Ratification. Approved.
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9.b. Statement of Investment Deposits. Information.
9.c. Rejection of Claim Against the City by Lyle Simonson. Claim rejected.
9.d. Employee Suggestion Award. Approved.
9.e. Authorization to Close City Streets and Use City Property for the Annual Easter in the
Village, Saturday, March 22,1997. Resolution No. 3205 Authorizing the City to Close City
Streets and Use City Property' for the Annual Easter in the Village. Approved.
9.1. Authorization to Solicit Bids - Reservoir NO.2 Recoating Project Approved.
9.g. Request for Proposal - Inspection and Testing Services for the Reservoir NO.2
Recoating Project. Approved.
9.h. Approval of Low Bid, Med Com Builders, Construction of the Elm Street Center
Restroom. Approved.
9.L Award of Bid for Stage 1 - Supervisory Control Data Acquisition (SCADA) Project. City
Manager authorized to execute a contract on behalf of the City with Communication
Solutions. Approved.
9.j. Bridge, Nelson, and Short Streets, Project No. 60-70-90-96-5, Progress Payment No.
1 to Spiess Construction Co., Inc. Progress Payment NO.1 Authorized.
9.1. Award of Bid for Jackhammers. Approved.
9.m. Award of Bid for Paint Shaker. Approved.
9.n. Council Appointments to Various Boards and Commissions. Approved.
9.0. Support of Senate Bill 1310- Voter SaJes Tax Option. Staff authorized to submit letter.
of support for 58 1310.
9.p. Don Roberts Field, Project No. 80-96..Q5; Progress Payment No. 1 to A.J. Diani
Construction Co., Inc. Progress Payment No. 1 Authorized.
9.r. Rejection of Bids for Parks Department 1/2 Ton Pickup; Approval to Solicit for Revised
Bids. Approved.
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It was moved by Fuller/Lady (4-0-1, Fuller, Lady, Tolley, and Mayor Dougall voting aye.
Council Member Runels abstaining.) to approve Consent Agenda Item 9.k. with the
recommended course of action.
9.k. Bikeway Project Two - Arroyo Grande High SchoollMargaret HarloeElementary
School, Project No. 90-96-2; Final Progress Payment to AJ. Diani Construction Co., Inc.
Final Progress Payment authorized; staff directed to file Notice of Completion; unused
construction contingencies to be used on unanticipated design, survey, inspection, and
contract administration costs; and retention funds to be released after 30 days if no liens
have been filed.
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It was moved by Fuller/Lady (4-0-1, Fuller, Lady, Rune's, and Mayor Dougall voting aye.
Council Member Tolley abstaining) to approve Consent Agenda Item 9.q. with the
recommended course of action.
9.q. Status of Investigation Involving the Central Coast Town Center Project Receive and
file.
10.A. ADOPTION OF AN ORDINANCE AMENDING THE SIGN ORDINANCE.
Community Development Director Liberto-Blanck stated staffs recommendation that the
Council approve the ordinance repealing the existing sign regulations in its entirety, and
adopt revisions to Title 9~ Chapters 3, 10, 13, and 18.
It was moved by LadylTolley (5-0-0, with Lady, Tolley, Fuller, Runels, and Mayor Dougall
voting aye) to approve the second reading of Ordinance No. 484 C.S. Repealing the
Existing Title 9, Chapter 13 of the Municipal Code entitled .Sign Regulations" in its
Entirety; Adopting a Negative DecJaration; Adopting a New Title 9, Chapter 13; Adopting
Revisions to Title 9, Chapters 3,,10, and 18; and Instructing the City CJerk'to File a Notice
of Determination',
10.8. PRE-APPUCATlON REVIEW OF BERRY GARDENS: GENERAL PLAN
AMENDMENT, REZONING. SPEC1RC PLAN AND VESTING TENTATIVE TRACT MAP
(KAWAOKA PROPERTY).
Community Development Director Uberto-Blanck summarized the proposed Berry Gardens
project. The project includes 157 single family homes, 24 attached single family homes,
and 42 condominium units for a total of 223 units on 36 aaes.
Rob Strong, Strong Planning Services of Palm Desert, introduced Charles Baker, the new
ovvner/developer, and Mike Kawaoka, the property owners' representative, and then gave
a brief overview using a colored rendering of the project The project 'NOuld be completed
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in three phases. The project is located below the Poplar Street ponding basin. The
eucalyptus trees on the west side of the project along Oak Park Boulevard would be
trimmed and retained within a center median island. Once the T oma property north of the
project was developed, a 36 foot curb-to-aJrb extension of Courtland Street would facilitate
access from Grand Avenue south to the Soto Sports Complex. Courtland Street north of
Grand Avenue is currently 40 feet curb-to-curb. All other internal streets in the project
'NOuld be 32 feet curb-to-aJrb and 'NOuld also accommodate on-street parking. An existing
apartment development is located along Oak Park Boulevard where Manhattan Avenue
terminates. This existing developmenf is immediately north of a portion of the proposed
project and is currently within the city limits of Grover Beach. The Applicant is proposing
that the property be de-annexed from Grover Beach and annexed to Arroyo Grande so the
entire project 'NOuld be within the jurisdiction of Arroyo Grande. Low and moderate family
housing would be made available through the to'M1homes and duplexes in the proposed
project.
Council comments to Mr. Strong's presentation induded:
Council Member Runels questioned Mr. Strong regarding the eucalyptus trees along Oak
Park Boulevard and inquired of staff if any excess water from the project had been
earmarked for allocation. Public Works Director Wallace responded that no firm criteria
had been established by the Council on this matter and calculations on specific water
amounts had not been provided.
Council Member Fuller: (1) the CC&Rs of the project need to clearly identify street trees
and parkways in the project as under the control and maintenance of the homeo'Mlers and
homeowner associations rather than by City personnel; (2) potential speeding downhill
along Courtland Street will need to be addressed; (3) the Cities of Grover Beach and
Arroyo Grande would need to come to an agreement regarding the de-annexation of the
portion of the project located within the city limits of Grover Beach; and (4) 'NCuld like the
extension of Courtland Street to be completed in Phase 1 of the project.
Council Member Tolley: (1) inquired if there were any agreements with the T oma property
located north of the project; (2) would prefer through traffic to use Oak Park Boulevard
rather than Courtland to get to the Soto Sports Complex; (3) had concerns about second
dwelling units and increased density; and (4) reduce the size and relocate the new
drainage basin/park area to the center of the project in Phase I of the project's
development to encourage immediate neighborhood use rather than a potential gathering
open-space for overflow from the nearby 16th Street Park in Grover Beach or residents
from other areas.
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Council Member Lady: (1) inquired about the number of units being proposed for sale vs.
the number of proposed rentals; (2) would also prefer a more central location of the
proposed park which could also include traffic calming measures; and (3) expressed
concern with the proposed density of the project
Mayor Dougall: (1) agreed with relocating the project's park site to a more centralized
location to encourage neighborhood use; and (2) approved of making Courtland Street a
through access to the Soto Sports Complex to alleviate traffic from Spruce Street and
encouraged installing traffic calming measures on Courtland Street.
10.C. AUTHORIZATION TO SOUCIT PROPOSALS FOR A LOCAL AREA NETWORK.
Finance Director Snodgrass summarized the request for proposal for the design and
installation of a local area network (LAN) and the necessity of having a network in place
before implementing the new financial management software that has already been
identified as a critical need for the City.
Upon motion of LadylTolley (5-0-0, Lady, Tolley, Fuller, Runels, and Dougall voting aye),
the City Council authorized the Finance Department to issue the request for proposals for
the design and installation of a local area netvak (LAN) for the new financial system, and
authorized the City Manager to negotiate and sign an agreement for the design and
installation of the local area network and related equipment.
11.A. SPEED HUMPS ON SUNSET DRIVE.
Public Works Director Wallace summarized staffs recommendation (1) to install speed
humps on Sunset Drive at the property owners' expense, and (2) request. for direction to
staff to modify the speed hump policy if other cost sharing determinations are made, with
a final determination of the residents of Sunset Drive's request for speed humps once the
policy had been amended.
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Sgt. John Ferdolage of the Arroyo Grande Police Department reported the following results
from a traffic survey of Sunset Drive. Since January 1, 1996, no accidents have been
reported to the Police Department, 10 citations were issued (nine of which were for
speeding violations, one of which was for an equipment violation). Of the ni.ne speeding
citations issued, four were issued to residents of that neighborhood, t'M) residents from
Sunset Drive, one resident from Alder Street, and one resident from Elm Street.
Speaking in support of installing speed humps on Sunset Drive at the expense of the City
were William Tucker, 1145 Sunset Drive; Ernie Quarant, 1050 Sunset Drive; AI Quayle,
1168 Sunset Drive; and Lola McCauley, 1143 Sunset Drive.
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Council discussed addressing traffic speeding problems that exist throughout the
community that need to be addressed by traffic enforcement measures rather than setting
a precedent by installing speed, humps on residential street It was moved by
RunelslFuller {5-O-O, with Runels, Fuller, Lady, Tolley, and Mayor Dougall voting aye} to
direct staff to increase enforcement on Sunset Drive: Council also requested that staff
schedule the use of the radar trailer on Sunset Drive at the earliest possible date.
11.8. ALTERNATIVE RETIREMENT SYSTEM FOR CERTAIN CITY EMPLOYEES.
Finance Director Snodgrass reported on a qualified alternative California retirement
system, Public Agency Retirement System (PARS), available to part-time employees at
significantly lower costs to the City and to the benefit of those employees who reach, the
1 ,000 hour threshold. Upon question, Finance Director Snodgrass noted the retirement
pool would consist of strictly Arroyo Grande employee contributions held with First Union
Bank of California, the City would establish the investment criteria for selecting the
investment plan, and after July 1 st, part-time employees currently covered by the PERS
plan and Social Security will have the option to move into the PARS plan.
After Council discussion, it was moved by LadylRunels {5-0-0, Lady, Runels, Fuller, Totley,
and Dougall voting aye} to adopt Resolution No. 3206 Adopting a Qualifying Retirement
System For Certain City Employees; appointing the City Manager, or the designee of the
City Manager, as the City's PARS (Public Agency Retirement System) Administrator; and
direct staff to modify the definition of part-time employees in the City's Employee
Personnel Manual.
11.C. UPDATE OF THE CITY'S BUILDING COQES BY ADOPTION OF AN ORDINANCE
REVISING TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE.
Director of Building and Fire Fibich summarized the proposed ordinance which woutd
update the City's building code and revise Title 8 of the Arroyo Grande Municipal Code by
adopting the latest versions of the"Uniform Administrative Code,. the "Uniform Building
Code" (Volumes 1,2, and 3), and .its Appendix, "Uniform Mechanical Code,. the .Uniform
Code for Building Conservation,. the "Uniform Plumbing Code," and the 1993 edition of the
"National Electric Code."
After Council discussion, it was moved by LadylTolley (S-O-O, with Lady, Tolley, Fuller,
Runels, and Mayor Dougall voting aye) to introduce for first reading an Ordinance to adopt
by reference the 1994 editions of the .Uniform Administrative Code," the "Uniform Building
Code" (Volumes 1,2, and 3), and its Appendix, "Uniform Mechanical Code," the "Uniform
Code for Building Conservation,. the "Uniform Plumbing Code," and the 1993 edition of the
"National Electric Code." It was further moved by LadylRunels (5-0-0, with Lady, Runels,
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Tolley, Fuller, and Mayor Dougall voting aye) to set the Public Hearing on this matter for
April 8, 1997.
12. COUNCIL COMMUNICA TJONS
Council Member Runels stated he attended the County Water meeting last week and
found it was still unclear if the City of Santa Maria would be selling its entitlements on the
Woodland Project on the Mesa.
Mayor Dougall noted that the mayors of the area cities meet once-a-month and stated he
had received a memo from John Brown, the Mayor of Pismo Beach, proposing a joint City
Council meeting tentatively scheduled for Thursc:1ay, May 1,1997, at 6:00 p.m., at the Sea
Cliffs Restaurant to be co-hosted by the cities of Arroyo Grande and Pismo Beach. ,
Suggested items for the joint City Council meeting agenda need to be submitted to the City
Clerk.
13. STAFF COMMUNICATIONS
City Manger Hunt reported that the Joint South County City Councils meeting has been
scheduled to be held on March 27, 1997, at the Ramona Garden Center in Grover Beach
at 6:00 p.m. Items to be diSaJssed will be reaeational services, fire mutual aid, and youth
services.
14. ADJOURNMENT It was moved by ladyffotley and the motion passed unanimously
to adjourn the meeting at 9:24 p.m.
ATTEST: ~ . a.~
NANC~S, CITY CLERK
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