Minutes 2002-02-26
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, FEBRUARY 26, 2002
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council meeting to order at 7:18 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; Community Development
Director Strong; Chief of Police TerBorch; Associate Planner
McClish, and Director of Public Works Spagnolo.
3. FLAG SALUTE
Members of American Legion Post No. 136 led the Flag Salute.
4. INVOCATION
Pastor Jan Armstrong, First Presbyterian Church, Grover Beach, delivered the
invocation.
5. SPECIAL PRESENTATIONS
5.a. Proclamation - Attained the Rank of Eagle Scout: Michael Dorsi.
Mayor Lady presented a Proclamation to Michael Dorsi congratulating him for achieving
the rank of Eagle Scout and recognizing his commitment, diligence, and dedication in
undertaking and completing his Eagle Scout project.
5.b. Measure A-Five Minute Presentation Each by Proponent and Opponent.
County Administrative Officer David Edge presented an overview of the Tobacco
Settlement Issue Ballot Measure (Measure A) set for the March 5, 2002 Election,
summarized what Measure A will do, and discussed why the County Board of
Supervisors are opposed to it.
Dr. Steven Hansen, Representing Citizens for Healthier San Luis Obispo County, spoke
in support of Measure A. He contended that the money raised by this measure would
ensure funding for important health care services for low-income citizens.
6. AGENDA REVIEW
None.
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FEBRUARY 26, 2002
PAGE 2
6.a. Resolutions and Ordinances Read in Title Only
Council Member Dickens moved, Mayor Pro Tem Runels 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
Otis Page, 606 Myrtle, stated that he had addressed the City Council tonight prior to the
Special Meeting (Closed Session) and had requested that Council Members Ferrara
and Dickens recuse themselves from any involvement they may have on the Council on
the referendum petition lawsuit against the City, as they voted no on the General Plan
and were active in circulating the petitions. He stated this was a conflict of interest and
requested again that they recuse themselves from participating in the administration of
the lawsuit. He further commented that he felt Council Member Ferrara also had a
conflict in terms of Rancho Grande Park.
Fred Bauer, 212 Short Street, Chairman of the Citizens' Committee Supporting the
Council Majority (CCSCM), expressed concems regarding the pending litigation against
the City regarding the Referendum petitions.
Wayne King referred to the issue of agricultural ground and stated that the records must
show that the Vanderveen five-acre parcel is not prime agricultural land and is willing to
prove his statements with history and documentation. He also commented that the
leading proponent of the referendum petition did not attend any of the Planning
Commission or City Council meetings regarding the General Plan Update process to
voice any concerns or objections.
Ed Dorfman, 285 La Cresta, spoke about the referendum petition which is now the
subject of a lawsuit against the City and stated he felt it was misrepresented to the
people who signed it. He agreed that Council Members Ferrara and Dickens should not
involve themselves in City Council discussions and decisions on this matter.
Michael Passarelli, representing the San Luis Obispo County Food Bank, thanked the
Council for allocating CDBG funds for its project. He announced invitations would be
forthcoming for the Grand Opening of a new South County location at 1820 Railroad
Avenue in Oceano on Thursday, March 14,2002 at 10:00 a.m.
Lynn Parks, 1146 Maple, spoke in defense of the intentions of Council Members Ferrara
and Dickens with regard to the public comments made earlier.
Dean Coker, representing Castlerock Development, spoke regarding proposed Tract
1998 and displayed aerial photos of the project site. He explained that the SEIR
required that project alternatives be explored and referred to Lot 36 of Tract 1132 as a
potential alternative site for their proposed development. He explained that Castle rock
was interested in exchanging Tract 1998 for Lot 136, reviewed the merits of the
proposal and requested the Council consider suggested that building a City Park on the
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FEBRUARY 26, 2002
PAGE 3
land known as Tract 199B. (Submitted letter for the record dated February 26, 2002
outlining the proposal).
Nancy Loomis, Arroyo Grande resident, stated she does not want to see Arroyo Grande
become overcrowded and agreed with the opinions of Council Members Ferrara and
Dickens. She felt the City was headed toward too much growth.
Following public comments, Council Member Ferrara indicated an interest in meeting
with Mr. Bauer and Mr. Dorfman at a later time to discuss their concerns.
8. CONSENT AGENDA
Council Member Lubin requested Consent Agenda Items B.b., B.c., and B.d. be pulled
for discussion. Council Member Dickens also requested Item B.d. be pulled for
discussion.
Mayor Pro Tem Runels moved and Council Member Dickens seconded the motion to
approve Consent Agenda Items B.a. through B.e., with the exception of Items B.b., B.c.,
and B.d., with the recommended courses of action:
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period February 1,
2002 through February 15, 2002.
8.e. Consideration of an Appropriation for an Environmental Consultant to
Provide On-Site Monitoring for the Tally Ho Creek K-Rail Project.
Action: Approved appropriation in the amount of $3,000 from the General Fund
to be used for environmental services during the installation of K-Rail along the
City's easement from Tally Ho Road to Tally Ho Creek.
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.
8.b. Consideration of Approval of Minutes.
Council Member Lubin noted that a supplemental memorandum had been issued to the
Council with a correction to the February 12, 2002 City Council Minutes (memorandum
on file), to omit a reference to Council Member Lubin as he was absent during the item
regarding Rancho Grande Park due to a potential conflict of interest.
Council Member Lubin moved and Council Member Ferrara seconded the motion to
approve the minutes of the Special City Council Meeting of February 12, 2002 and the
Regular City Council/Redevelopment Agency Meeting of February 12, 2002, as
amended.
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FEBRUARY 26, 2002
PAGE 4
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.
B.c. Adoption of Ordinance Amending the Zoning Map of Arroyo Grande from
Public and Quasi-Public Facilities (PF) to Residential Suburban (RS) for a
1.40-Acre Portion of Rancho Grande Park; Development Code Amendment
Case No. 01-001.
Council Member Lubin declared a potential conflict of interest due to property ownership
and stepped down from the dais. In response to public comments made earlier, Council
Member Ferrara announced that it was his understanding from the Fair Political
Practices Commission (FPPC) that he had no conflict of interest with regard to this item.
Council Member Dickens moved and Council Member Ferrara seconded the motion to
adopt the Ordinance amending the Zoning Map from PF to RS for a 1.40-acre portion of
the Rancho Grande Park Site. City Attorney Carmel read the title of the Ordinance.
AYES: Dickens, Ferrara, Runels, 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.
B.d. Consideration of Support of Proposition 40 - The Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002.
Council Member Lubin requested a brief explanation of Proposition 40 and subsequent
discussion. City Manager Adams gave a brief overview of Proposition 40, explaining
that if approved, it would provide $2.6 billion for state and local park projects and
recreation facilities. He reported that the City would receive approximately $150,000 for
park-related activities, as well as be eligible for a number of competitive grant programs
available for individual projects.
Council Member Lubin stated that the $2.6 billion would be dedicated primarily to major
metropolitan areas and expressed concerns regarding support from the City for the
proposition. Council Member Dickens stated he was in favor of supporting Proposition
40, not just for the local benefit, but also for the overall benefit to the citizens. He
suggested additional language be added to the Resolution that identifies the allocation
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FEBRUARY 26, 2002
PAGE 5
of funds toward water quality projects and watershed protection, projects aimed at
reducing air pollution, and farmland protection programs throughout the State.
Mayor Lady invited comments from those in the audience who wished to be heard on
the matter.
Howard Mankins, 200 Hillcrest Drive, spoke of the State's financial situation and
expressed concerns regarding the placement of this item on the City Council's Agenda
for consideration.
There were no further public comments.
Council Member Dickens moved and Council Member Ferrara seconded the motion to
adopt Resolution No. 3580 in support of Proposition 40.
AYES: Dickens, Ferrara, Lady
NOES: Runels, Lubin
ABSENT: None
There being 3 AYES and 2 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARING
9.a. Consideration of Development Code Amendment Case No. 01-003,
Revision of the "Design Guidelines for Historic Districts".
Associate Planner McClish presented the staff report and responded to questions from
Council. Staff recommended the Council introduce an Ordinance amending Title 16,
Chapter 16.08 of the Municipal Code and Design Overlay 2.4 to revise the Design
Guidelines for Historic Districts.
Mayor Lady announced that several letters had been received (on file in the
Administrative Services Department) requesting further public review of the proposed
Design Guidelines for Historic District. He referred to a request by the Chamber of
Commerce requesting a continuance in order to conduct some informational workshops
for those residents, property owners, and business owners located in the designated
historic district who would be affected.
Mayor Lady opened the Public Hearing and stated all members of the public were
invited to come forward and speak on the matter.
Chuck Fellows, 507 Le Point Street (reviewed and submitted a letter dated February 5,
2002 into the record with suggested changes to the proposed document).
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FEBRUARY 26, 2002
PAGE 6
Roy Burke, 971 Bennett, stated that he took exception to what was being proposed. He
suggested the Council talk to all the business owners before making any decisions.
Robin McDonald, 424 Orchard, expressed concerns with regard to the proposed
guidelines relating to signage. She stated the guidelines needed to be clearer.
Jacqueline Pontavelli, 508 Le Point, agreed with comments made by Mr. Fellows and
added that the proposed guidelines would preserve the character of the Village.
Richard DeBlauw stated the guidelines were too restrictive, making it too difficult and
expensive for improvements or development. He said they should be treated as
guidelines and not incorporated into the Development Code. He referred to various
provisions in the guidelines that he felt should be better defined and requested that no
decision on the document be made tonight.
Howard Mankins, 200 Hillcrest, expressed concerns that the proposed guidelines did
not receive enough hearings and encouraged the Council to accept the invitation by the
Chamber to conduct workshops and additional hearings to obtain additional public input.
Scott Wachenheim, Preserve the Village member, (referred to letter dated February 21,
2002 in the staff report and reviewed the comments and suggestions). He
complimented staff for coordinating the work on this document over the past year.
Heather Jensen, CEO of the Arroyo Grande Chamber of Commerce, commended staff
for hours of work done on the document; however, expressed concerns that informal
research in the business community showed the majority of people were uninformed
about the proposed guidelines. She said it was important to get additional public input
in order to make it a success and suggested workshops be held similar to those
conducted for E. Grand Avenue. She submitted a letter dated February 26, 2002 for the
record.
Eddie EI-Helou, representing the Village Improvement Association (VIA), stated he
thought the existing Village design guidelines were good. He expressed concerns with
the new proposed guidelines and requested the item be postponed for further review.
Doug LeSage, Miller Way, representing the VIA and South County Historical Society
Board of Directors, complimented Robin from Avila Signs and Design for signs she
made for the schoolhouse. He agreed that more time should be given for review of the
proposed guidelines.
Erin O'Connor, 224 McKinley, stated she loves the historical nature of the community.
She supported revising the guidelines and stated the language should be strengthened.
Lynn Parks, 1146 Maple, stated she was in favor of revising the guidelines for the
Village.
CITY COUNCIL MINUTES
FEBRUARY 26, 2002
PAGE 7
Mike McConagle, 529 E. Branch, felt the issue required further study and suggested
including Cal Poly students to provide design ideas, similar to what they provided for the
E. Grand Avenue project.
Hearing no further public comments, Mayor Lady closed the Public Hearing.
Mayor Lady called a break at 9:55 p.m. and reconvened the meeting at 10:08 p.m.
Following considerable public comment and Council discussion, staff was directed to
develop a plan for conducting workshops to obtain additional public input regarding the
"Design Guidelines for Historic Districts" and report back on the plan within the next
month.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Housing Allocation and Housing Element Discussion.
Steve Devencenzi, San Luis Obispo Council of Governments (SLOCOG), presented an
overview of the Regional Housing Needs Assessment Analysis, a state mandated effort
to address the need for affordable housing. He reported that the State Department of
Housing and Community Development (HCD) has developed a methodology for
distributing housing growth to local jurisdictions. He explained that the HCD housing
allocation formula sets a target of 18,892 new housing units for the County of San Luis
Obispo. Of those units, he added, the City of Arroyo Grande would be expected to
contribute 1,683. Determined that the HCD formula is impossible to meet, SLOCOG has
developed an adjusted formula that would reduce the housing allocation to 10,360 units
County-wide, with a City share of 939 units, he concluded.
Council questions and comments followed. The following members of the public made
comments: Chuck Fellows, Michael Passarelli.
Community Development Director Strong presented a status report on the City's
Housing Element and stated it was required by State law to be updated by December
2003. He reviewed several concepts for the Housing Element preparation work
program and stated that staff would integrate any Council direction into the Fiscal Year
2002-03 budget work program for Housing Element preparation. Council and staff
discussion ensued regarding the recommended concepts. With regard to the formation
of a technical and/or citizen advisory committee of housing industry representatives to
consider constraints and opportunities to refine implementation programs, staff was
encouraged to broaden the membership to include citizens and other interested parties;
and start cooperative efforts right away with Grover Beach, Pismo Beach and County of
San Luis Obispo to evaluate housing conditions, South County demographics, and
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FEBRUARY 26, 2002
PAGE 8
housing market data. With regard to the consideration of an additional intern and/or
limited consultant assistance for Housing Element preparation, Council agreed to
reconsider the recommendation at a later date should the need arise.
12. CITY COUNCIL REPORTS
a. MAYOR MICHAEL LADY
(1) South San Luis Obispo County Sanitation District (SSLOCSD). Met in
Closed Sessions to discuss litigation issues. No reportable action at this
time. Discussed major budget items in regular session; began processing
the chlorine contact and affluent pump project update; and resolved various
issues with regard to the operation of the plant.
(2) Other. On February 5th, in conjunction with the Chamber of Commerce,
attended the Business Roundtable held with business owners in the Oak
Park Plaza. Also attended the Mayors City Selection Committee Meeting.
b. MAYOR PRO TEM THOMAS A. RUNELS
(1) Zone 3 Advisory Board. Attended the Zone 3 Technical Committee
Meeting and discussed the upgrade of the water treatment plant; and gave
a status report on the Lopez Dam seismic retrofit project.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
c. COUNCIL MEMBER JIM DICKENS
(1) Community Recreation Center Subcommittee. Meets tomorrow.
(2) Economic Opportunity Commission (EOC). Met last week; EOC is
working on a identifying a homeless shelter site in N. County.
(3) South County Youth Coalition. Announced that Arroyo Grande Police
Officer lanneo is heading up the "Every 15 Minutes" program that will be
conducted this year at Arroyo Grande High School to educate youth on the
consequences of drinking and driving.
(4) Other. None.
d. COUNCIL MEMBER TONY M. FERRARA
(1) Integrated Waste Management Authority Board (IWMA). No report. Next
meeting is March 13th.
(2) Air Pollution Control District (APCD). Next meeting is March 2ih. New
APCO is Larry Allen.
(3) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA). Meeting topics included status of
STIP funds and proposed projects to be funded by STIP funds, such as the
Brisco/Halcyon/101 project; and future planning for unmet transit needs.
(4) Other. None.
CITY COUNCIL MINUTES
FEBRUARY 26, 2002
PAGE 9
e. COUNCIL MEMBER SANDY LUBIN
(1) South County Area Transit (SCAT). Did not meet last month; however, the
Board will be reviewing route designations and how transportation needs for
the South County are being handled.
(2) Economic Vitality Corporation. City of Arroyo Grande was spotlight City at
last meeting; Rob Strong represented the City and gave a report, Bob Lund
represented the Village and Lund's and gave a report. Additionally, the
EVC voted to support low-income needs without the financial requirements
that were requested.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS
Mayor Lady acknowledged the letter submitted by Dean Coker, Castlerock
Development regarding the property for Rancho Grande Park and requested that staff
bring the proposal fOlWard to a future meeting and agendize the issue. He stated he
would like to see what the community has to say about the concept.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
None.
16. STAFF COMMUNICATIONS
None.
17. ADJOURNMENT
Mayor Lady adjourned the meeting at 11 :20 p.m.
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Michael A. Lady, MaY~
ATTEST:
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Kelly W tmo e, Director of Administrative Servicesl
Deputy City Clerk