Minutes 2001-05-22
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, MAY 22,2001
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Members Runels, Dickens, Lubin, Mayor Pro Tern Ferrara,
and Mayor Lady were present.
Redevelopment
Agency: Board Members Runels, Dickens, Lubin, Vice-Chair Ferrara, and
Chair Lady were present.
City Staff Present: City Manager Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Director of Financial Services
Snodgrass, Director of Public Works Spagnolo, Director of Parks,
Recreation & Facilities Hernandez; Director of Community
Development McCants; Associate Planner Heffernon; Associate
Planner McClish; and Public Works Supervisor Taylor.
3. FLAG SALUTE
Representatives from the Arroyo Grande Lions Club led the Flag Salute.
4. INVOCATION
Pastor Robert Underwood, First United Methodist Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Proclamation - Public Works Week
Mayor Lady presented a proclamation to Public Works Director Don Spagnolo and staff
declaring the week of May 20,2001 as "National Public Works Week ".
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Dickens moved, Mayor Pro Tern Ferrara 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.
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MAY 22, 2001
PAGE 2
7. CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS
None.
8. CONSENT AGENDA
Council/Board Member Runels moved and Council/Board Member Lubin seconded the
motion to approve Consent Agenda Items 8.a. through 8.1., with the recommended
courses of action:
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period May 1, 2001
through May 15, 2001.
8.b. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility
Fund.
Action: Received and filed April 2001 Cash Report and approve the interfund
advance from the Water Facility Fund to cover cash deficits in other funds as of
April 30, 2001.
8.c. Fiscal Year 2000-01 Appropriation Limit.
Action: Adopted Resolution establishing the appropriation limit from tax
proceeds for Fiscal Year 2001-02.
8.d. Rejection of Claims Against City.
Action: Rejected claims submitted by R. Harris; F. Wolf; and Ride-On
Transportation.
8.e. Approval of Minutes.
Action: Approved minutes as submitted for the Special City Council Meeting of
May 8, 2001; Regular City Council Meeting of May 8, 2001; Adjourned Regular
City Council Meeting of April 30, 2001; and Regular City Council Meeting of April
24, 2001.
8.f. Temporary Use Permit Case No. 01-010; Authorization to Close City
Streets, Use City Property, and Waive Fees for the "Arroyo Valley Car Sho"
on Saturday, July 28, 2001.
Action: Adopted Resolution authorizing the closure of City streets and the use of
City property; and authorize the waiver of permit and police services fees.
8.g. Professional Services Agreement for Interim Community Development
Director Services.
Action: Approved Agreement with Kerry McCants to provide professional
services as Interim Community Development Director through October 5, 2001.
8.h. Acceptance of Improvements.for Parcel Map AG 99-0246.
Action: Adopted Resolution accepting improvements, offers of dedication, and
easements within Parcel Map 99-0246 located at 1047 Maple Street.
8.i. Authorization to Solicit Bids - Huasna Road Pavement Overlay, Project No.
PW-2001-3.
Action: 1) Found that the capital improvement project is categorically exempt
from CEQA pursuant to Section 15301 (c) and direct the Administrative Services
Director to file a Notice of Exemption; and 2) Approved the construction plans
CITY COUNCIL MINUTES
MAY 22, 2001
PAGE 3
and specifications and authorize the Public Works Department to solicit public
construction bids for the project.
8.j. Disadvantaged Enterprises Program (DBE) for FFY 2001-02.
Action: 1) Approved the submittal of the FFY 2001-02 DBE Program with
"proposed" Overall Annual DBE Goal to Caltrans by June 1, 2001; 2) Directed
the Director of Administrative Services to publish a public notice in accordance
with Section XIV of the Program; and 3) Directed staff to return to the Council
with a summary of public comments and approval to submit the FFY 2001-02
DBE Program with "established" Overall Annual DBE Goal to Caltrans by
September 1, 2001.
8.k. Communications Site Lease Agreements with Cox PCS Assets, LLC for FY
2001/02.
Action: Approved and authorized the Mayor to execute two (2) Lease
Agreements for use of approximately 288 square feet of property located at
Reservoir #2 and 288 square feet of property located at Reservoir #4 as well as
space on the water tank.
8.1. Award of Audit Service Contract.
[COUNCIURDA]
Action: Authorized the Mayor/Chair to enter into a three-year agreement, with
three one-year extensions based upon satisfactory performance, with the firm of
Moss, Levy & Hartzheim, Certified Public Accountants.
City Council
AYES: Runels, Lubin, Dickens, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
RDA
AYES: Runels, Lubin, Dickens, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARINGS:
9.a. Lot Line Adjustment Case No. 01-004 to Adjust Two Residential Lots at 823
and 841 Los Ciervos Street - Tract 1834, Applied for by Greg Slowinski.
Associate Planner McClish presented the staff report. She explained that the property
was located in the Highlands portion of Rancho Grande, consisting of two residential
lots totaling 1.3 acres, developed with two newly constructed single-family residences.
She stated the purpose of the lot line adjustment was to increase the size of Lot 26 by
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MAY 22, 2001
PAGE 4
approximately 1 ,650 feet, providing more space between the residence and the eastern
property line.
Mayor Lady opened the public hearing.
Hearing no public comments, Mayor Lady closed the public hearing.
Mayor Pro T em Ferrara moved to adopt a Resolution conditionally approving Lot Line
Adjustment Case No. 01-004 for two (2) lots, located at 841 and 823 Los Ciervos Street,
applied for by Greg Slowinski. Council Member Lubin seconded the motion, and on the
following roll-call vote, to wit:
AYES: Ferrara, Lubin, Runels, Dickens, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9.b. Conditional Use Permit Case No. 01-005 to Construct a Medical Office and
Surgery Center and Lot Line Adjustment Case No. 01-001 to Reconfigure
Six Lots into Four; 880 Oak Park Blvd; Applicant: Russ Sheppel
Council Member Lubin announced that when the item came before the Council as a
pre-application review, he had stepped down due to a potential conflict of interest. He
stated he had since determined that he did not have a conflict of interest and would
participate in the item.
Associate Planner Heffernon presented the staff report. She explained that the project
site was located on the corner of James Way and Oak Park Boulevard in the Oak Park
Professional Plaza, which is approximately 3.7 acres in size. She stated the applicant
was proposing to develop the remaining 1.8 acres with a split-level, 25,000 square foot
medical office and surgery center with shared parking which meets the City's height,
parking, setbacks, lot coverage, and landscaping requirements. She gave a brief
overview of the environmental review process and stated mitigation measures have
been included in the conditions of approval.
Mayor Lady opened the public hearing.
Kim Hatch, Pultz & Associates, stated the applicant agreed with staff's comments and
recommendations and spoke in support of approving the project.
Hearing no further public comments, Mayor Lady closed the public hearing.
Following Council comments in support of the project, Mayor Pro T em Ferrara moved
to: 1) adopt a Resolution adopting a mitigated negative declaration, instructing the
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MAY 22, 2001
PAGE 5
Director of Administrative Services to file a Notice of Determination, and approving
Conditional Use Permit Case No. 01-005, located at 880 Oak Park Boulevard, applied
for by Russell Sheppel; and 2) adopt a Resolution approving Lot Line Adjustment Case
No. 01-001, located at 880 Oak Park Boulevard, applied for by Russell Sheppel.
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 AYES and 0 NOES, the motion is hereby declared to be passed.
9.c. Urban Water Management Plan Update.
Director of Public Works Spagnolo presented the staff report. He explained that the
draft plan was presented to the Council on December 12, 2000 and that after the public
hearing and discussion, the Council requested that staff modify the plan to include an
updated population and projected growth rate. He stated that population projections
and growth rate information was provided by the City's General Plan consultant.
Director Spagnolo responded to questions from Council regarding future sources of
water supply; projected population growth; clarification on projections based on various
assumptions; and the importance of reconciling the plan with the City's Water Master .
Plan. In response to a question from Council Member Dickens regarding past water
use and projected water use as depicted in Tables 4 & 5 of the plan, Public Works
Supervisor Taylor explained that the water usage figures were reflective of past rainfall
and that water production was cut back due to the rain. Further Council and staff
discussion ensued regarding the City's use of water from Lopez and from City wells;
water usage for landscape irrigation; and various conservation measures.
Mayor Lady opened the public hearing.
Howard Mankins, 200 Hillcrest Drive, commented on the adjudication of the
groundwater basin; what affect that has on the City's Water Master Plan; pumping to
maintain the City's groundwater rights; and that the Council should consider an
application for State Water.
Patrick Williams, 2420 Brady, inquired whether water would be available to farmers
during a drought.
Hearing no further public comments, Mayor Lady closed the public hearing.
Council Member Runels spoke of drought conditions in the late 80's and early 90's
when the City used all of its water entitlement from Lopez. He addressed the
adjudication issue and stated the impact of the Santa Maria Valley water rights lawsuit
on the City was not yet known.
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MAY 22, 2001
PAGE 6
Council Member Dickens addressed Mr. Mankins' comments regarding the adjudication
of the groundwater basin; commented on the use of surplus water from Lopez;
commented that the State has recognized that agriculture users have water rights over
municipalities; and commented on the Plan's assumptions, expressing concerns about
water availability over the next ten years with planned development in the pipeline. He
stated these concerns should be addressed in the General Plan Update, and he would
support this document as presented.
Mayor Pro Tem Ferrara agreed and referred to population statistics in the Plan. He
inquired how often the Urban Water Management Plan was updated. Director Spagnolo
responded every five years.
Mayor Pro Tern Ferrara commented it was important to monitor the City's growth rate so
that projections in the Plan were more accurate.
Council Member Dickens recommended updating the Urban Water Management Plan
and the Water Master Plan after the General Plan Update was complete.
Council Member Runels moved to adopt a Resolution approving the Urban Water
Management Plan Update. Council Member Dickens seconded the motion, and on the
following roll-call vote, to wit:
AYES: RuneJs, Dickens, Lubin, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
10.a. Voter Approval of Major Land Use and General Plan Changes
Community Development Director McCants presented the staff report and
recommended the Council discuss the concept of requiring voter approval and/or a 4/5
vote of the City Council for General Plan Amendments and major land use changes and
provide direction to staff. He answered questions from Council regarding legislative
acts versus agency sponsored measures; provided clarification on CEQA review
requirements; and provided clarification on the referenda process.
The following members of the public spoke regarding the matter:
Otis Page, 606 Myrtle; Lee Webb, 116 Visa Drive; Bob Blair, Arroyo Grande resident;
Don Fielding, 410 Spanish Moss Lane; Colleen Martin, 855 Martin; Frank Lintner; Nick
Alter, 354 Corbett Canyon Road; Jan Scott, 520 Via Vaquero; Nan Fowler, 630 Cerro
Vista; Don McHaney, 140 Ruth Ann Way; Stephanie Painter, 541 Mesa View Drive;
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MAY 22, 2001
PAGE 7
Tom Parsons, 1219 Montego; Hal Rosen, representing Affordable Homes; Mike
Frederick, President, ALC; Jack Hardy, 250 Estruary Way; Ella Honeycutt, 560 Oak Hill
Road; Howard Mankins, 200 Hillcrest Drive; Peggy Carmichael, 2041 Carriage Lane.
Council Member Lubin addressed some of the public comments and stated his role was
to try to represent all citizens of the City and not just one group, regardless of the issue.
He expressed concern about putting in place obstacles for future deveJopment, growth,
and progress and keeping it the same as it is. He stated that if this process were put to
a vote of the people, it would become a political process that was going to be controlled
largely by money. He commented that Councils go through philosophical changes
based on the people who are voted into office.
Council Member Runels stated there was already a process in place and addressed the
referenda process. He stated he viewed this issue as a no-growth proposition. He
spoke about the younger generation and the need for affordable housing. He stated he
was not in favor of changing the process currently in place.
Council Member Dickens stated the issue tonight was to discuss alternatives and
concepts. He stated he felt that comparisons to the SOAR initiative were inaccurate.
He spoke about SOAR being a Countywide initiative and that presumptions have been
made on its defeat. He responded to some of the public comments and stated it was
important to look at the best interest of the public. He felt the concepts presented had
value, and people should have a say in how resources are being affected. He indicated
he had spoken to a variety of people regarding the requirement for a 4/5 vote of the
Council on major land use issues and he received mixed responses. He recommended
that thresholds be determined and recommended including annexations, conversion of
agricultural land, and changes to the Village. He stated he was in favor of pursuing
further review and discussion of the issue.
Mayor Pro Tem Ferrara clarified that the issue was to review and discuss concepts and
he was not prepared to vote on any of the concepts. He agreed that criteria needed to
be developed and presented for public hearings. He talked about the General Plan
Update and its role as a supporting document. He acknowledged letters submitted for
the record tonight opposing the issue. He expressed his commitment to the General
Plan and representative government and favored exploring the concepts further to
enhance representative government.
Mayor Lady commented that he did not want to do anything to divide the community;
however, taking the easy way out was not the answer. He spoke of the 4/5 vote
requirement and stated this option may be worthy of further public hearings. He said it
was the public's responsibility to be a part of local government and recommended the
issue be brought forth to the Planning Commission for determining specific criteria and
to obtain further public input on the matter.
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CITY COUNCIL MINUTES
MAY 22, 2001
PAGE 8
Following further discussion, there was majority consensus of the Council directing the
Planning Commission to conduct public hearings to obtain additional public input on a
potential 4/5 vote requirement for major land use changes and to provide
recommendations on the specific types of actions that shouJd be included in the
requirement. Specific ones identified for consideration included conversion of land
currently zoned agricultural, annexations, and for projects in the Village.
10.b. Broadcasting City Council Meetings on Cable TV.
City Manager Adams presented the staff report and answered questions from Council
regarding how the Public, Education, and Government (PEG) Access Fund can be
implemented; how the PEG Access Funds could be used; and the approximate cost to
cable subscribers if the PEG Access Funds was activated.
Mayor Lady opened the discussion for public comment.
Hilding Larsen, Matrix Mobile Production, gave an overview of his experience televising
public meetings.
Steve Mathieu, A.G.P. Video, gave an overview of his experience televising public
meetings.
Jan Scott, 520 Via Vaquero, stated televising Council meetings was extremely
important. She spoke in favor of televising the meetings and supported the use of
manned cameras.
Ed Merrill, Charter Communications, spoke about PEG Access and his support of the
program, stating it was a great public service. He stated Charter was committed to
assisting cities with starting the process.
Colleen Martin, 855 Olive, responded to the 1 % charge to cable subscribers and spoke
in opposition.
Nan Fowler, 630 Cerro Vista, spoke in opposition.
John Keen, 298 N. Elm Street, spoke in opposition.
Hearing no further public comments, Mayor Lady brought the issue back to the Council
for discussion.
Council Member Lubin stated he was not in favor of charging people to watch Council
meetings; however, he liked the community calendar option. He expressed concerns
regarding costs.
CITY COUNCIL MINUTES
MAY 22, 2001
PAGE 9
Council Member Dickens stated that access to local government was essential as there
was a segment of the population that does not go out at night. He stated this could be a
tool to be used in local schools. He addressed the issue from a technology standpoint
and stated the community bulletin board was an opportunity to reach more people about
City meetings and events. He expressed some concern about potential distractions
with manned cameras and the overall cost for implementing such a program. He spoke
in favor of moving forward and suggested conducting a test first. He stated he did not
favor the City purchasing the equipment. He supported activating the PEG Access
Fund.
Mayor Pro T em Ferrara expressed support in moving forward with trial runs to compare
televised meetings that are filmed with remote cameras versus those that are filmed
with manned cameras. He supported activating the PEG Access Fund. He stated this
. tool provides a medium to keep the people informed.
Mayor Lady stated there was a need in the community and supported moving forward.
Council Member Dickens moved to direct staff to work with the two broadcasting firms
to each film and broadcast one meeting on a pilot basis and to obtain sample tapes
from cities that use mounted cameras before Council decides on the preferred option for
televising the meetings; and further activate the PEG Access Fund with Charter
Communications. Mayor Pro Tem Ferrara seconded the motion, and on the following
roll-call vote, to wit:
AYES: Runels, Dickens, Ferrara, Lady
NOES: Lubin
ABSENT: None
There being 4 A YES and 1 NO, the motion is hereby declared to be passed.
11. NEW BUSINESS
11.a. Authorization to Waive Application Fees for the Lighthouse Christian
School Cherry Sale.
Community Development Director McCants presented the staff report and
recommended the Council consider the request from Lighthouse Christian School to
waive the fees for a Temporary Use Permit to conduct a cherry sale.
Mayor Lady opened the discussion for public comment.
Colleen Martin, 855 Olive, spoke in opposition to approving the fee waiver request.
Hearing no further public comments, Mayor Lady brought the issue back to the Council
for consideration.
CITY COUNCIL MINUTES
MAY 22, 2001
PAGE 10
Council Member Runels moved to adopt a Resolution authorizing the waiver of permit
application fees for the Lighthouse Christian School Cherry Sale. Mayor Pro T em
Ferrara seconded the motion, and on the following roll-call vote, to wit:
AYES: Runels, Dickens, Lubin, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11.b. Time Extension Case No. 01-001 for Conditional Use Permit Case No. 98-
570; Quarterdeck Restaurant Expansion; 1500 W. Branch Street.
Community Development Director McCants presented the staff report and
recommended the Council approve a one year time extension for Conditional Use
Permit Case No. 98-570.
Council Member Dickens moved to adopt a Resolution approving a one-year time
extension for Conditional Use Permit Case No. 98-570. Council Member Runels
seconded the motion, and on the following roll-call vote, to wit:
AYES: Dickens, Runels, Lubin, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11.c. Third Quarter Budget Report.
Director of Financial Services Snodgrass presented the staff report and recommended
the Council approve detailed budget adjustments and recommendations as shown in
Schedule B; approve Schedules A through E included in the Third Quarter Budget
Status Report; and approve or deny a donation request from Ocean View Elementary
School Destination Imagination Team.
Mayor Lady opened up the discussion for public comment.
Brent Mooney, 227 Fair View, spoke on behalf of Ocean View Elementary School's
request and requested the Council consider approving a donation for the Destination
Imagination Team.
Lee Beckstrom 1531 Hillcrest, spoke on behalf of Ocean View Elementary School's
request and requested the Council consider approving a donation for the Destination
Imagination Team.
CITY COUNCIL MINUTES
MAY 22, 2001
PAGE 11
Council Member Dickens asked Mr. Beckstrom if the Lucia Mar School District
promotes the program and what kind of commitment the District has made to the Team.
Mr. Beckstrom replied that Destination Imagination was an extracurricular program at
Ocean View School with no direct teacher involvement. He explained a parent coached
the Ocean View Team. He stated the School District has committed to paying 50% of
the Team's expenses to compete at the National level.
Colleen Martin, 855 Olive, spoke in opposition to the approval of a donation.
Hearing no further public comments, Mayor Lady closed the public comment period and
brought the issue back to the Council for consideration.
Council/Board Member Lubin moved to: 1) Approve detailed budget adjustments and
recommendations as shown on Schedule B; 2) Approve Schedules A through E
included in the Third Quarter Budget Status Report; and 3) Approve a $500 donation to
Ocean View Elementary School for the Destination Imagination Program. Council/Board
Member Dickens seconded the motion, and on the following roll-call vote, to wit:
City Council
AYES: Dickens, Runels, Lubin, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
RDA
AYES: Dickens, Runels, Lubin, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
12. CITY COUNCIL REPORTS
Upon consensus, the City Council decided to postpone City Council reports until next
month, due to the late hour.
a. MAYOR MICHAEL LADY
(1) South San Luis Obispo County Sanitation District (SSLOCSD). No
report.
(2) Other. None.
CITY COUNCIL MINUTES
MAY 22, 2001
PAGE 12
b. MAYOR PRO TEM TONY M. FERRARA
(1) Integrated Waste Management Authority Board (IWMA). No report.
(2) Air Pollution Control District (APCD). No report.
(3) Long Range Planning Committee (LRPC). No report.
(4) Other. No report.
c. COUNCIL MEMBER THOMAS A. RUNELS
(1) Zone 3 Advisory Board. No report.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
d. COUNCIL MEMBER JIM DICKENS
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A). No report.
(2) Community Recreation Center Subcommittee. No report.
(3) Economic Opportunity Commission (EOC). No report.
(4) South County Youth Coalition. No report.
(5) Other. None.
e. COUNCIL MEMBER SANDY LUBIN
(1) South County Area Transit (SCAT). No report.
(2) Economic Vitality Corporation. No report.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS
None.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
None.
16. STAFF COMMUNICATIONS
None.
17. ADJOURNMENT
Mayor Lady adjourned the meeting at 11 :43 p.m.
CITY COUNCIL MINUTES
MAY 22, 2001
PAGE 13
MiCh: A. L?#rtJ~
ATTEST:
L/~./ J 1
Ui / ,if.'A,/LL
Kelly Wetmor , Director of Administrative Services/
Deputy City Clerk
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