Minutes 2003-12-09
MINUTES
REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, DECEMBER 9, 2.003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Ferrara called the Regular City Council/Redevelopment Agency meeting
to order at 7:10 p.m.
2. ROLL CALL
City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tern
Dickens, and Mayor Ferrara were present.
RDA: Board Members Runels, Lubin, Costello, Vice Chair Dickens,
and Chair Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Director of Financial Services
Snodgrass, Chief of Police TerBorch, Community Development
Director Strong, and Associate Planner McClish.
3. FLAG SALUTE
Jack Gatz, Arroyo Grande Lions Club, led the Flag Salute.
4. INVOCATION
Pastor Paul Jones delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Presentation of Medal of Merit for Sergeant John Allen.
Mayor Ferrara presented an Honorary Resolution awarding the Police Department's
Medal of Merit to Sergeant John Allen recognizing him for meritorious conduct.
5.b. Mayor's Commendation Recognizing Eddie EI-Helou.
Mayor Ferrara presented a Mayor's Commendation to Eddie EI-Helou in recognition
of outstanding efforts in organizing the first Arroyo Grande Christmas Parade and
contributions toward coordinating other Village events, activities, and beautification.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
Mayor Pro Tern Dickens moved, Council Member Costello 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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DECEMBER 9, 2003
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7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Connie Dunbar, Arroyo Grande, encouraged the installation of a solar system in the
design of a new civic building. She displayed a photo of the solar panel that was
installed on her home.
Jeff Peters, Myrtle Street, spoke in opposition to adoption of the Ordinance in
Consent Agenda Item 8.f. and asked what happened to his request that Mayor Pro
Tern Dickens step down on the issue.
John Wvsonq, Grover Beach, spoke regarding traffic issues on N. Oak Park Blvd.
and stated there was a need for a stop light at Brighton or Newport Avenues.
8. CONSENT AGENDA
Council Member Lubin requested that Item 8.f. be pulled for discussion and a
separate roll-call vote.
Mayor Pro Tern Dickens moved, and Council Member Runels seconded the motion
to approve Consent Agenda Items 8.a. through 8.h., with the exception of Item 8.f.,
with the recommended courses of action. City Attorney Carmel read the title of the
Ordinance in Item 8.g. The motion carried on the following roll-call vote, to wit:
AYES: Dickens, Runels, Lubin, Costello, and Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period November
16, 2003 through November 30, 2003.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of
November 30,2003.
8.c. Consideration of Annual Financial Report - FY 2003-03 Receipt and Use
of Water and Sewer Development Fees.
Action: Accepted and filed the annual report of the receipt and use of water
and sewer development fees and charges in compliance with Government
Code Section 66013.
8.d. Consideration of Employment Agreement: City Manager.
Action: Approved the Employment Agreement between the City of Arroyo
Grande and Steven Adams and authorized an appropriation of $2,903 from
the General Fund.
8.e. Consideration of Award of Contract for the Crown Hill Sewer Lining
Project, PW 2003-06.
Action: 1) Found that the project is categorically exempt from CEQA pursuant
to Section 15301 (e); 2) Directed the Director of Administrative Services to file
a Notice of Exemption; 3) Awarded a contract for the Crown Hill Sewer Lining
Project to Sancon Technologies, Inc. in the amount of $64,860.00; 4)
Authorized the City Manager to approve change orders not to exceed the
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, 2003
PAGE 3
contingency of $6,486.00 for use only if needed for unanticipated costs during
the construction phase of the project; and, 5) Directed staff to issue the Notice
of Award and Notice to proceed with other necessary contract documents.
8.g. Consideration of Adoption of Ordinance - Development Code
Amendment 02-002 - Amending the Zoning Map for Property Located on
Farroll Avenue; Applicant: Don McHaney.
Action: Adopted Ordinance No. 549 amending the Zoning Map and Planned
Development 1.5 for property Jocated on Farroll Avenue.
8.h. Consideration of Approval of Final Parcel Map AG 03-0111; Subdividing
One (1) Parcel Into Two (2) Parcels; 159 Pine Street.
Action: Approved Final Parcel Map AG 03-0111, subdividing 0.35 acres into
two (2) lots.
8.1. Consideration of Adoption of Ordinance - Development Code
Amendment 03-005.
Recommended Action: Adopt Ordinance amending Title 16 of the Arroyo
Grande Municipal Code (DCA 03-005) to incorporate regulations and
amending the Zoning Map to create an Agricultural Preservation Overlay
District of 100 feet around agriculturally zoned properties for the purposes of
agricultural buffers, requiring adequate findings for subdivision or rezoning of
agricultural lands, implementing mitigation requirements and revising land use
regulations for all agricultural districts.
Council Member Lubin said he had received calls from people who were not aware
the item was being considered and he recommended that the item be opened up for
public comment.
Mayor Ferrara opened the item for public comment.
Jeff Peters, Myrtle Street, asked what the status of the petition was requesting that
Mayor Pro Tem Dickens step down from consideration of this item due to a conflict of
interest and requested that the Council hold off on adopting the Ordinance.
Mayor Ferrara suggested to Mr. Peters that he contact Mayor Pro Tern Dickens
outside of this meeting to discuss the issue.
Reuel Estes, E. Cherry Avenue, agreed that some people might not have been
aware of this proposed action. He spoke in opposition of the .buffer zone.
Upon hearing no further public comments, Mayor Ferrara closed the item to public
comment and brought the issue back to Council for consideration.
Mayor Pro Tern Dickens responded briefly to the inquiry regarding a potential conflict
and read a letter dated October 17, 2003 that he had written and sent to the petition
signers.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, 2003
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Council Member Lubin commented that his concern was that the buffer would apply
to existing residences, and his intent was to apply the buffer to new development
only. He opposed imposing the regulation on existing residences, and therefore did
not support adoption of the Ordinance.
Mayor Pro Tem Dickens moved to adopt an Ordinance amending Title 16 of the
Municipal Code (Development Code Amendment 03-005) to incorporate regulations
and amending the Zoning Map to create an Agricultural Preservation Overlay District
of 100 feet around agriculturally zoned properties for the purposes of agricultural
buffers, requiring adequate findings for subdivision or rezoning of agricultural lands,
implementing mitigation requirements and revise land use regulations for all.
Agricultural districts. Council Member Costello seconded the motion, and on the
following roll-call vote:
AYES: Dickens, Costello, Ferrara
NOES: Runels, Lubin
ABSENT: None
There being 3 A YES and 2 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARINGS:
9.a. Consideration of Ordinance Amending the Redevelopment Plan to
Extend the Time Limit of the Redevelopment Plan by One Year.
City Manager Adams presented the staff report and recommended the Council
introduce an Ordinance which will amend the Redevelopment Plan to extend the term
of the Plan by one year. Special Counsel Mark Huebsch responded to questions
from Council.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he
closed the public hearing.
Council Member Costello moved to introduce an Ordinance of the City Council of the
City of Arroyo Grande amending the Redevelopment Plan for the Arroyo Grande
Redevelopment Project pursuant to Health and Safety Code Section 33333.2(c).
Mayor Pro.Tem Dickens seconded the amended motion, and on the following roll-call
vote:
AYES: Costello, Dickens, Runels, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, 2003
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9.b. Continued Public Hearing - Consideration of Development Code
Amendment 03-006 - Proposed Ordinance Amending the Zoning Map and
Portions of Title 16 of the Arroyo Grande Municipal Code for the Traffic
Way and Station Way Area.
Associate Planner McClish presented the staff report and recommended the Council
introduce an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal
Code (Development Code Amendment 03-006), rezoning a portion of the Highway
Commercial, General Commercial and Village Mixed Use Districts to Traffic Way
Mixed Use; and establishing Design Guidelines and Standards for Design Overlay
District D-2.11. Associate Planner McClish responded to questions from Council.
Mayor Ferrara opened the public hearing.
Connie Dunbar, Arroyo Grande, commented on the lack of sidewalks on Traffic Way
and supported the consideration for installation of a sidewalk for pedestrian access.
Bob Christianson, Christianson Chevrolet, stated that the proposal simplifies the
zoning issues in the area. He supported the proposed Ordinance.
Ed Dorfman, La Cresta, referred to the development of the parcel at Traffic Way and
E. Cherry.
Scott Celero. Short Street, expressed concern regarding traffic and requested
support for a mid-block closure between 115 and 121 Allen Street.
Marie Cattoir, Orcutt Lane, expressed concerns regarding any consideration to close
Allen Street.
Ellen Gaver, Allen Street, referred to the requirements for screening and stated that
five (5) years for compliance seemed excessive. She suggested shortening that
timeframe.
Delores Danner, co-owner of a neighborhood flower shop inquired as to how this
proposal would affect her business. Associate Planner McClish replied that her
business was not located in the proposed District.
Steve Ross, Garden Street, commented on the Design Guidelines and Standards
and stated that he did not think the look was consistent with the Village.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Following Council comments, it was agreed that changes requested by the Council
would include refinements to wording in Section 16.52.060AA. regarding screening,
inclusion of wording concerning sign colors, and a photo replacement of the service
station on the first page of the Design Guidelines and Standards.
Council Member Costello moved to introduce an Ordinance, as amended, amending
portions of Title 16 of the Arroyo Grande Municipal Code (Development Code
Amendment 03-006), rezoning a portion of the Highway Commercial, General
Commercial and Village Mixed Use Districts to Traffic Way Mixed Use; and
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, 2003
PAGE 6
establishing Design Guidelines and Standards for Design Overlay District D-2.11.
Council Member Lubin seconded the motion, and on the following roll call vote, to wit:
AYES: Costello, Lubin, Runels, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
Mayor Ferrara called for a break at 9:24 p.m. The Council reconvened at 9:34 p.m.
10. CONTINUED BUSINESS:
None.
Mayor Ferrara requested, and the Council concurred, to move Item 11.a. to the end
of the New Business Items.
11. NEW BUSINESS:
11.b. Consideration of Proposed Disposition and Development Agreement
With Courtland-Arroyo Grande, L.P. [CQUNCILIRDA]
City Manager/Executive Director Adams presented the staff report. Special Counsel
Mark Huebsch and Consultant Tim Mulrenan responded to questions from Council
regarding the terms of the Agreement.
Mayor/Chair Ferrara opened the item for public comment.
Larry Persons, Pacific Harbor Homes, stated he was available to answer any
questions.
Upon hearing no further public comments, Mayor/Chair Ferrara closed the item to
public comment.
Council/Board Member Lubin stated he supported the concept; however he
expressed concerns that there was no completion date for this project, and he had
concerns with regard to Section 4.15.7 Limited Subordination of Covenants in the
Agreement. Extensive discussion ensued with regard to Section 4.15.7. Special
Counsel Huebsch indicated that clarifying language could be added to limit the
bank's ability to convert the affordable units to market rate only in the case of
foreclosure.
Board Member Lubin moved to adopt a Resolution of the Arroyo Grande
Redevelopment Agency approving the Amended and Restated Affordable Housing
Agreement Between the Agency and Courtland - Arroyo Grande Partners, L.P. with j
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, 2003
PAGE 7
an amendment to the Inter-Creditor and Subordination Agreement to specifically
detail that the subordination of the Agency Agreement would only be upon a ,bank
foreclosure or deed in-lieu of foreclosure. Board Member Costello seconded the
motion. Following further discussion and clarification, the motion passed on the
following roll~call vote:
AYES: Lubin, Costello, Ferrara
NOES: Runels, Dickens
ABSENT: None
There being 3 A YES and 2 NOES, the motion is hereby declared to be passed.
11.c. Consideration of Invitation from the City of Grover Beach to Participate
in a One-Day Joint Meeting Regarding Potential Consolidation of Police
Services.
City Manager Adams presented the staff report and recommended the Council
review the invitation received from the City of Grover Beach to participate in a
facilitated joint City Council meeting to investigate interest in consolidation of Police
services and provide direction to staff. City Manager Adams then invited a
representative from the City of Grover Beach to address the Council.
Grover Beach City Council Member John Shoals addressed the Council, stated that
the intent of the joint meeting would be to discuss the possibility of sharing services,
and encouraged the Council to accept the invitation.
Council Member Lubin moved to accept the invitation received from the City of
Grover Beach to participate in a joint City Council meeting to investigate interest in
consolidation of Police services and directed staff to work with the City of Grover
Beach on scheduling a joint workshop. Council Member Runels seconded the
motion, and on the following roll-call vote:
AYES: Lubin, Runels, Costello, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
11.d. Consideration of Discussion and Public Comment Regarding Diablo
Canyon Nuclear Power Plant and Consideration of Resolution Calling
Upon the Nuclear Regulatory Commission (NRC) to Review with Great
Care any Licensing Proposals Submitted for the Diablo Canyon Nuclear
Power Plant.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, 2003
PAGE 8
City Manager Adams presented the staff report and recommended the Council
receive public comment regarding issues related to the Diablo Canyon Nuclear
Power PJant, and consider adoption of a Resolution.
Tom Jones, representing PG&E, gave a brief presentation on activities at Diablo
Canyon and invited the Council to come out for a tour.
Larry Wolmac, Arroyo Grande resident and Diablo Canyon employee, expressed
concerns regarding the proposed Resolution.
Ron Alsop, representing Office of Emergency Services, presented a brief overview of
the County/Cities NucJear Power Emergency Plan.
Chief Rick TerBorch, AGPD, spoke about emergency response training activities and
exercises and acknowledged the 1998 update to the City's Emergency Operations
Plan.
Rochelle Becker, representing Mothers For Peace, spoke about the appeal that had
been filed with the Nuclear Regulatory Commission (NRC) and requested the Council
support the appeal.
Marie Cattoir, Arroyo Grande, requested support for Mother For Peace's appeal and
urged adoption of the proposed Resolution by the Council.
Connie Dunbar, representing Mothers For Peace, spoke in support of the proposed
Resolution.
Council Member Costello moved to adopt a ResoJution of the City Council of the City
of Arroyo Grande calling upon the Nuclear Regulatory Commission (NRC) to review
with great care any licensing proposals submitted for the Diablo Canyon Nuclear
Power Plant. Mayor Pro Tern Dickens seconded the motion, and on the following
roll-call vote:
AYES: CosteI/o, Dickens, Runels, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to ~e passed.
11.e. Consideration of Designation of Integrated Waste Management Local
Enforcement Agency (LEA).
City Manager Adams presented the staff report and recommended the Council
provide direction to staff regarding designation of the Local Enforcement Agency
(LEA) for integrated waste management.
Mayor Ferrara gave a brief overview of the SLO County Integrated Waste
Management Authority's unsuccessful efforts to apply for certification as the Local
Enforcement Agency (LEA) and requested that the Council consider supporting the
SLO County IWMA Board's position to designate the California Integrated Waste
Management Authority as the City's Local Enforcement Agency (LEA).
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, 2003
PAGE 9
Following Council comments and discussion, the Council directed staff to prepare a
resolution for consideration at a future meeting which would designate the California
Integrated Waste Management Board as the City's Local Enforcement Agency.
11.a. Consideration of Selection of Council Member Lubin as Mayor Pro Tem.
City Manager Adams presented the staff report and recommended the Council
appoint Council Member Lubin as Mayor Pro Tem for the next one-year period,
pursuant to existing Council policy.
Mayor Ferrara moved to appoint Council Member Lubin as Mayor Pro Tem for the
next one-year period. Council Member Runels seconded the motion, and on the
following roll-call vote:
AYES: Ferrara, Runels, Lubin, Dickens, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
12. CITY COUNCIL MEMBER ITEMS:
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Mayor Pro Tern Lubin requested that the Grover Beach Holiday Parade and the
Arroyo Grande Holiday Parade be telecast on the City's government access channel.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 12:05 p.m.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
DECEMBER 9, ~OO3
PAGE 10
ATTEST:
,
Kelly W tm e, Director of Administrative Servicesl
Deputy City Clerk/Agency Secretary
(Approved at CC Meeting / -I If-of)
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