Minutes 2002-05-14
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 14, 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, and Mayor Lady were
present. Mayor Pro Tem Runels was absent.
City Staff Present: City Manager Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Chief of Police TerBorch; Police
Officer DeBlauw; Director of Public Works Spagnolo; and Director
of Parks, Recreation, & Facilities Hernandez.
3. FLAG SALUTE
A representative of Boy Scout Troop 432 led the Flag Salute.
4. INVOCATION
Pastor Vince Llamas, New Life Community Church, Pismo Beach, delivered the
invocation.
5. SPECIAL PRESENTATIONS
5.a. Proclamation - Recognizing Police Week and Peace Officers Memorial Day
Mayor Lady presented an Honorary Proclamation proclaiming May 12-18, 2002 as
"Police Week" and May 15, 2002 as "Peace Officers Memorial Day" Police Officer
DeBlauw accept the proclamations on behalf of the Arroyo Grande Police Department.
5.b. Proclamation - Recognizing Grand Opening of the Clark Center for the
Performing Arts
Mayor Lady presented an Honorary Proclamation recognizing the Grand Opening of the
Clark Center for the Performing Arts. Cliff and Mary Lee Clark and Bernie Kautz
accepted the proclamation.
S.c. Proclamation - Recognizing Public Works Week
Mayor Lady presented an Honorary Proclamation proclaiming May 19-25, 2002 as
"National Public Works Week". Director of Public Works/City Engineer Spagnolo
accepted the proclamation.
6. AGENDA REVIEW
None.
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MAY 14, 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
Bob Brownson expressed concerns that Castlerock Development had communicated
with Rincon Consultants directly regarding the SEIR for Tract 199B which violates terms
of their agreement with the City. He stated that the residents were told they could not
submit comments directly to Rincon, and was assured that the developer could not
either. He stated that the process for preparing the SEIR was to be objective and
requested a response from the City on this issue.
Dale Gropp spoke regarding the issue of soil classification status on the Vanderveen
property. He questioned the source of information from Mr. King's letter and stated he
believed that the soil on the parcel is still prime.
Don Ritter, representing Castlerock Development, responded to Mr. Brownson's
comments, stating their firm has a contractual agreement with the City and they have
complied with the provisions of the agreement.
City Manager Adams stated that staff would look into the issue relating to the conditions
in the Agreement regarding developer communications with the consultant and provide
a follow up to all interested parties.
8. CONSENT AGENDA
Council Member Ferrara moved and Council Member Lubin seconded the motion to
approve Consent Agenda Items B.a. through B.h., with the recommended courses of
action:
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period April 16, 2002
through April 30, 2002.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of'current investment deposits as of April
30,2002.
8.c. Consideration of Cash Flow Analysis/Approval of Interfund Advance from
the Water Facility Fund.
Action: Received and filed March 2002 Cash Report and approve the interfund
advance from the Water Facility Fund to cover cash deficit in other funds at
March 31, 2002.
8.d. Consideration of Approval of Minutes.
Action: Approved minutes for the Special and Regular City Council Meetings of
March 26, 2002, and Special and Regular City Council Meetings of April 9. 2002
as submitted.
CITY COUNCIL MINUTES
MAY 14, 2002
PAGE 3
8.e. Rejection of Claim Against City - E. Lambert.
Action: Rejected claim.
8.f. Consideration of Appointment to Traffic Commission and Senior Advisory
Commission.
Action: Approved Council Member Dick~ns' appointment of Larry Rohloff to the
Traffic Commission replacing L. George Tappan; and Council Member Dickens'
appointment of Craig Kaiser to the Senior Advisory Commission replacing Jean
Hubbard. ,
8.g. Consideration of Support for the Local Coalition Effort.
Action: Approved City participation as a supporter of the "LOCAL" Coalition.
8.h. Consideration of Acceptance of Improvements for Village Center CUP 98-
567.
Action: Adopted Resolution No. 3588 accepting public improvements
constructed for CUP 98-567, Village Centre.
AYES: Ferrara, Lubin, Dickens, Lady
NOES: None
ABSENT: Runels
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
9. PUBLIC HEARING
None.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Amendment to Affordable Housing Deed Restriction for
266 Aspen Street.
City Manager Adams presented the staff report. Staff recommended the Council
approve the proposed modification to the existing affordable housing deed restriction on
the property at 266 Aspen Street and authorize the City Manager to execute an
Affordable Housing Agreement, Agreement and Promissory Note secured by Deed of
Trust, and Deed of Trust substantially in the form provided, and take all steps necessary
to enable transfer of the property to a qualifed buyer.
Council Member Lubin stated he was in favor of this proposal. City Attomey Carmel
responded to questions from Council Member Lubin regarding the City's trust deed and
promissory note; the City's rights and remedies upon default; and sale of the property to
a non-qualified buyer.
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CITY COUNCIL MINUTES
MAY 14, 2002
PAGE 4
Mayor Lady invited comments from those in the audience who wished to be heard on
the matter.
Josh Blair, 239 S. Elm, explained that he was trying to purchase the property at 266
Aspen Street and the current Deed Restriction was preventing him from getting a loan.
He stated he had worked closely with staff and spoke in support of approving the
amendment to the Affordable Housing Deed Restriction.
Hearing no further public comments, Mayor Lady brought the item back to Council for
consideration.
Mayor Lady asked if there were other similar restrictive agreements in place in the City.
City Attomey Carmel stated this was the first affordable housing unit with the restriction.
He explained that the Housing Authority created the Deed Restriction for this property,
and there were no other agreements like it within the City.
Council Member Dickens stated he was in support of moving forward with this proposal;
however he stated he believed that the City needed to provide tangible affordable
housing across the board. He expressed concerns that there was not an adequate tool
or mechanism to make that happen, and said it was imperative to address the issue.
Council Member Ferrara commented that the previous General Plan did not address the
issue and suggested that if it was not addressed in the new General Plan, it should be
addressed in the update of the Housing Element.
Discussion ensued and staff was directed to research all options for financing affordable
housing projects in the future. City Manager Adams stated that staff would research
and develop a list of all alternatives being used for affordable housing projects.
Council Member Lubin moved to approve the proposed modification to the existing
affordable housing deed restriction and authorize the City Manager to execute an
Affordable Housing Agreement, Agreement and Promissory Note secured by Deed of
Trust, and Deed of Trust in substantially the form provided, and take all steps necessary
to enable transfer of the property to a qualified buyer. Council Member Dickens
seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Dickens, Ferrara, Lady
NOES: None
ABSENT: Runels
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
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CITY COUNCIL MINUTES
MAY 14, 2002
PAGE 5
11.b. Consideration of Art in Public Places Program Alternatives.
City Manager Adams presented the staff report. Staff recommended the City Council
receive information and direct staff to incorporate desired items in the Development
Code Update. He acknowledged a letter received from Ann Ream, representing the
San Luis Obispo County Arts Council, who could not attend the meeting; however, she
stated her support for the implementing public art guidelines as highlighted in the last
option of the staff report.
Council Member Ferrara asked for clarification on the issue of government involvement
and decision making with regard to public art as it relates to the challenge of
unconstitutionality. City Manager Adams spoke of court rulings and said that the court
was more favorable in cases where there was a process of creating a group comprised
of a wide-range of community involvement.
Mayor Lady invited comments from those in the audience who wished to be heard on
the matter.
Ella Honeycutt, 560 Oak Hill Road, displayed a picture of a wrought iron sculpture in
another City and commented that specific art should be identified for certain areas of
the City. She suggested collecting a fee from developers for the placement of public
art. She concluded by stating she believed that the County did not need to run the
program, and encouraged community involvement in this effort.
Mary Lee Clark, 1306 Old Oak Road, stated she was a Board Member of the SLO
County Arts Council. She indicated that there was a large amount of artists in the
County. She favored the idea of rotating art !'Ind the need for a goveming body to
oversee the placement of public art.
Hearing no further public comments, Mayor Lady brought the item back to Council for
discussion.
Council Member Lubin commented that the City has lacked a consistent process that
involves the community. He favored the last option in the staff report as the proposed
Committee to be formed would also include an artist, a business and/or property owner
in close proximity to the proposed project, and an Arroyo Grande resident.
Council Member Ferrara referred to the last option and stated that the selection process
for public art seems to remain a controversial issue. He suggested using a combination
of govemment protocol/process by incorporating a public hearing process in the last
option which would allow broader community input.
City Manager Adams suggested that the proposed review panel/committee conduct the
public hearing. Council Member Ferrara stated he would favor that as part of the
process.
CITY COUNCIL MINUTES
MAY 14, 2002
PAGE 6
Council Member Dickens stated he was pleased with the goals of the proposed
program. He expressed concern about the lack of a vision for public art in the City, and
suggested that language be added in the plan to incorporate the City's vision for public
art. City Manager Adams explained that could be addressed in two ways; one through
the proposed guidelines and criteria in the plan, and to promote art in the community by
incorporating public art into design guidelines. Council Member Dickens commented
that certain districts, such as the Village, need specific attention so that public art will
mesh with the history of the district in which it is located. He also suggested increasing
representation within the Historic District and stated it was imperative to have a larger
representation of Arroyo Grande residents on the proposed panel. Further, he agreed
with Council Member Ferrara's suggestion of incorporating a public hearing process.
Mayor Lady supported the last option with the inclusion of a public hearing process.
Council Member Ferrara emphasized one of the goals of the program was to identify
general guidelines and selection criteria that would promote creativity and freedom of
expression, but also achieve compatibility with t~e character, design and environment of
the surrounding area.
Following further discussion and comment, there was consensus of the Council to
approve the last option presented for the Public Art program, as amended to add a
requirement for the review panel to conduct a public hearing to obtain community input.
Further, it was requested that more focus be placed on what the ultimate vision is for art
in the community, which could be addressed through the design guidelines and the
selection criteria. The Council emphasized that special attention should be given to the
Village by incorporating promotion of art projects in the Village Design Guidelines;
ensuring that Arroyo Grande residents compose the major portion of the panel; and
implementing efforts to identify potential art sites through the community.
There was no formal action on this item.
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
City Manager Adams announced that the City Engineer has received Parcel Map AG-
0118, owned by Catherine Benson. The subject parcel is located at 390 Canyon Way.
The map subdivides 3.22 acres into 3 separate lots of approximately 1 acre each. The
current zoning for all lots is rural residential. Unless appealed, the City Engineer will
approve the Final Map within ten days following the date of this agenda.
14. COUNCIL COMMUNICATIONS
None.
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MAY 14, 2002
PAGE 7
15. STAFF COMMUNICATIONS
City Manager Adams gave an update on the Governor's proposed State Budget. He
reported that the only direct impact to the City's budget is a potential $28,000 reduction
in revenue from booking fee reimbursements.
16. ADJOURNMENT
Mayor Lady adjourned the meeting at 8:45 p.m.
(
ATTEST:
~
re, Director of Administrative Servicesl
Deputy City Clerk
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