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HomeMy WebLinkAboutMinutes 1997-05-27SPECIAL AND REGULAR MEETING OF THE ARROYO GRANDE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, MAY 27, 1997 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL CITY COUNCIL MEETING Mayor A. K. "Pete" Dougall; Mayor Pro Tem Michael Lady; Council Members Michael Fuller, Thomas A. Runels, and Steve Tolley; City Manager Robert L. Hunt, and City Attorney Timothy J. Carmel met at 6:45 p.m. to discuss the following: 1. PUBLIC COMMENT on Special Meeting Agenda Items. No one came forward to speak. 2. CITY COUNCIL CLOSED SESSION (a) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(b) involving one (1) potential case. (b) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Unrepresented Workers: 3. RECONVENE TO OPEN SESSION Robert L. Hunt, City Manager Volunteer Fire Fighters REGULAR CITY COUNCILIREDEVELOPMENT AGENCY MEETING 1. CALL TO ORDER The City Council of the City of Arroyo Grande and the Arroyo Grande Redevelopment Agency met in regular session at 7:30 p.m., with Mayor/Chair Dougall presiding. He said nothing reportable occurred at the Closed Session. 2. FLAG SALUTE AND INVOCATION Leslie Britton and Mark Lacouague of the Arroyo Grande Police Department Explorer Post led the Flag Salute. The Rev. Dr. Jan Armstrong of Arroyo Grande Five Cities Presbyterian Church delivered the invocation. 3. ROLL CALL Present with Mayor/Chair Dougall were Mayor Pro TemNice Chair Lady and Council/Board Members Fuller, Runels, and Tolley. Staff members present were City Manager/Executive Director Hunt, City Attorney/Counsel Carmel, City Clerk/Secretary CITY COUNCIL MINUTES MAY 27, 1997 Nancy Davis, Community Development Director/Assistant Executive Director Doreen Liberto-Blanck; Public Works Director John Wallace, and Finance Director Lynda Snodgrass. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW Mr. Hunt said late correspondence from the Chamber of Commerce on Agenda Item 7.13. had been distributed to the Council. G.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY It was moved by Lady/Runels 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. CITY AGENCY PUBLIC HEARING - CONDITIONAL USE PERMIT 97-554 HARRER Community Development Director Liberto-Blanck said the Planning Commission, Architectural Advisory Committee, and Staff Advisory Committee recommended the City Council adopt a resolution approving the conditional use permit subject to the conditions of approval. 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. Kevin Hunstad, 743 Scenic Circle, said he represented the applicant and would answer any questions. There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. It was moved by Fuller/Tolley (5-0-0, with Fuller, Tolley, Lady, Runels, and Dougall voting aye) to adopt Resolution No. 3229 Adopting a Negative Declaration, Instructing the City Clerk to File a Notice of Determination, and Approving Conditional Use Permit Case No. 97-554, at 769 Avenida De Diamante; Applied for by Bill Harrer. CITY COUNCIL MINUTES MAY 27, 1997 7.13. CONTINUED JOINT PUBLIC HEARING ON THE PROPOSED ADOPTION OF THE CITY OF ARROYO GRANDE'S REDEVELOPMENT PLAN Council/Board Members Runels and Tolley said they had potential conflicts of interest on this matter and left the dais. City Manager/Executive Director Hunt said staff recommended the Council/Board follow the Procedure Outline to adopt the City of Arroyo Grande's Redevelopment Agency's Project Area. Mayor/Chair Dougall said this was a continuation of the May 13, 1997 Joint Public Hearing, when public testimony was received, the hearing was closed, and continued to this date and time for the limited purpose of responding to written objections. He said staff had prepared written response to written objections received prior to May 13th and provided proposed responses to the Council for consideration. Mr. Hunt reintroduced Jon Huffman of Urban Futures and Mark Huebsch of Stradling, Yocca, Carlson & Rauth. He said enclosed in the Council packets was a resolution dealing with the responses to the written objections and a revision to the Agency action plan Section 403 addressing the fact that the agency could acquire real property except it could not use eminent domain. He said since May 13th he had received a telephone call from Howard Mankins concerning Page 37 of the plan which was included in the packet. He said Mr. Larry Garner picked up a copy of the project area map, and Mr. LeBrun sent a letter asking that his opposition be changed to other. Mr. Hunt said because the plan is a 30-year program, the proposed activities are admittedly broad brush to ensure there is not a need to amend the Plan to add a particular program or activity. He said staff included in the packet a five-year Capital Improvement Plan for illustrative purposes only. He said language was added to the Staff Report, which became part of the public hearing, stating the agency cannot compel any property owner to participate in any agency activities. He said staff recommended the elimination of the use of eminent domain within the project area. Mr. Hunt said the agency was completely benign to all property and property owners within the project area because (1) it cannot raise taxes, (2) it cannot change zoning, (3) it cannot change development standards, (4) it cannot mandate participation in agency activities, and, if staff's recommendation was approved, (5) it cannot take property by eminent domain. He said the Agency was not benign to the City because (1) it holds the potential of returning some $46 million to the City over the next 30 years and (2) it holds the very real potential of providing needed and aesthetic improvements to the City that would be difficult, if not impossible, to achieve if not for the Agency's participation. He said staff recommended ec me m nded for the adoption of the resolutions in the staff report and introduction of the 3 CITY COUNCIL MINUTES MAY 27, 1997 Mayor/Chair Dougall said the written responses of staff to the written objections received by the City/Agency were included in the record of this hearing. He called for questions from the Council/Board. Council/Board Member Fuller asked a series of questions about how the Arroyo Grande Redevelopment Agency would function and Mr. Hunt and Mr. Huebsch responded. Mayor/Chair Dougall said the Agency would consider the Final Environmental Impact Report on the Redevelopment Plan for the Arroyo Grande Redevelopment Project Area. He read the title of the resolution certifying the final EIR for the project. It was moved by Mayor Pro TemNice Chair Lady and seconded by Council/Board Member Fuller to approve the resolution certifying to the completion of the final EIR for the plan. Council/Board Member Fuller said some wording in an attachment to Mr. Hunts staff report concerned him and he would withdraw his second to the motion in order to discuss deletion of the wording. He said the words in parentheses in the fourth sentence of the third paragraph on Page 37 of the Report to Council should be deleted as follows: "it has now been abandoned; however, it is clear from the land uses overlying the former landfill ' yard} that the existence of this landfill devalaes trrip�cts land values." It was the consensus of the Council/Board to strike the words as noted in the previous paragraph and Mr. Hunt said that would be done. It was moved by Lady/Fuller (3-0-2, with Lady, Fuller, and Dougall voting aye and Runels and Tolley abstaining) to adopt Resolution No. RDA-14 Certifying the Completion of a Final Environmental Impact Report for the Redevelopment Plan for the Arroyo Grande Redevelopment Project. Mayor/Chair Dougall said the proceedings for the Redevelopment Agency were concluded. He said the City Council would consider and act on matters before it relating to the proposed Redevelopment Project. He read the title of a resolution overruling objections to the Redevelopment Plan. It was moved by Lady/Fuller (3-0-2, with Lady, Fuller, and Dougall voting aye and Runels and Tolley abstaining) to adopt Resolution No. 3230 Responding to Objections, 4 CITY COUNCIL MINUTES MAY 27, 1997 Making Findings in Connection Therewith, and Overruling Oral Grande Redevelopment dWritten Project Objections to the Redevelopment Plan for the Arroyo Mayor/Chair Dougall read the title of a resolution certifying the Final EIR on the Redevelopment Plan. It was moved by Fuller/Lady (3-0-2, with Fuller, Lady, and Dougall voting aye and Runels and Tolley abstaining) to adopt Resolution No. 3231 Certifying the Completion of a Final Environmental Impact Report for the Redevelopment Plan for the Arroyo Grande Redevelopment Project. Mayor/Chair Dougall said the Council would consider an ordinance approving and adopting the Redevelopment Plan for the Project which does not include the power Id approve the form of the Redevelopment Plan, eminent domain. He read the title of the ordinance. It was moved by Lady/Fuller (3-0-2, with Lady, Fuller, and Dougall voting aye and Runels and Tolley abstaining) to approve the first reading Arroyo Grande o. 487 C.S. Approving and Adopting the Redevelopme Plan for Redevelopment Project. Council/Board Member Fuller asked that the business cards of Mr. Huffman of Urban Futures and Mr. Huebsch of Stradling, Yocca, Carlson & Rauth be made available to the public. Council/Board Members Runels and Tolley returned to the dais. 8. PUBLIC COMMENT PERIOD Bill Vanderheyden of 308 Longden Drive requested information on how the members of the Senior Advisory Commission were selected and Mayor Dougall said he would explain the process at the conclusion of the meeting. Marie Cattoir of 195 Orchid Lane said she thought the Redevelopment discussion would be open to the public. She. said too few citizens participated in the Redevelopment process. She said it was disturbing that only three members of the Council were voting on Redevelopmenfunds were be ng taken away from themthe fories would most likely raise taxes because Redevelopment. Fred Flannell of 550 Via Vaquero said he thought a public hearing probably could not 5 CITY COUNCIL MINUTES MAY 27, 1997 be closed before a document such as an EIR is finalized. Lori Rai of 501 Ide Street said activities at the the house at 513 Ide Street was creating a nuisance for the neighborhood and asked the City to work on the problem. 9. CONSENT AGENDA It was moved by Mayor Pro TemNice Chair Lady and seconded by Council/Board Member Fuller and the motion passed with Lady, Fuller, Tolley, and Dougall voting aye on Items 9.a. through 9.n., and Runels voting aye on Items 9.a., 9.c. through 9.n., and abstaining on 9.b. The Items were passed with the recommended courses of actions. 9.a. Cash Disbursements Ratification. Approved. 9.b. City Council Minutes of March 11th, 25th, and April 3rd; City Council/Agency Minutes of April 8th, April 22nd, and May 13th; and Special City Council Meeting Minutes of March 4th. Approved. 9.c. Rejection of Claim Against the City - Moore. Claim rejected. 9.d. Cash Flow Analysis/Approval of Interfund Advance From the Sewer Facility Fund. Staff recommendations approved. 9.e. 1997-98 Appropriation Limit. Council adopted Resolution No. 3232 Adopting a Tax Proceeds Expenditure Appropriation Limit for Fiscal Year 1997-1998. 9.f. Authorization to Use Elm Street Park for the Stone Soup Festival and Family Day in the Park on September 21, 1997• adoptedCouncil Randesolution No. Family Day n3theAuthorizing the Use of Elm Street Park for the Stone Soup Festiva 9.g. Recommendation to Award Copier Bid to Superior Office Systems. Approved. 9.h. Authorization to Award Bid for the Purchase of Pesticide. Staff recommendations approved. 9.i. Bridge, Nelson, and Short Streets Project No. 60-70-90-05 Notice of Substantial Completion. Staff directed to file notice. 9.j. Opticom Devices, Project No. 90-96-6 Payment to Lee Wilson Electric Company. Staff recommendation approved. 0 CITY COUNCIL MINUTES MAY 27, 1997 9.k. Authorization to Issue Requests for Proposals; El Campo Road/Route 101 Interchange and Brisco Road/Route 101 interchange. Distribution of RFPs authorized. 9.1. Amendment to Contract With John L. Wallace and Associates. Approved. 9.m. Don Roberts Field, Project No. 80-96-05Progress Payment No. 3 to A. J. Diani Construction Co., Inc. Progress payment authorized. 9.n. Reservoir No. 2 Recoating Project No. 60-97-1, Progress Payment No. 1 to American Coatings and Contract Change Order No. 1. Progress payment authorized and contract change approved. C� Attorney Carmel said staff recommended the Council approve for distribution to interested parties a preliminary draft ordinance repealing and replacing the Mobile Home Rent Control section of the Municipal Cod. He then theld staffCouncihcanSif deemed opeto have initial comments back from the public by July 11th and necessary, set up workshops to address community concerns and proceed to refine and adopt the ordinance. There was Council consensus to approve the distribution of the draft ordinance to the public. Speaking about the draft ordinance (particularly the part that would make resident - owned parks exempt from rent control) were, Ed Otto, 311 Sunrise Drive; Bill Vanderheyden, 308 Longden Drive; Ted Hyatt, 800 Glenoaks Drive; Phillip McQuown, 288 Sunrise Terrace Drive; Gail Lightfoot, 849 Mesa Drive, and Al Damian, 266 Longden Drive. 11.A. AUTHORIZATION TO SOLICIT BIDS FOR A CONTRACT FOR STREET SWEEPING SERVICES Public Works Director Wallace said staff recommended the Council authorize the solicitation of bids for a new Street Sweeping Contract. He said estimated cost for a new contract is expected to range from $56,000 to $60,500 for FY 1997-98. He said the Daystar Industries contract with the City expires June 30th. He referred to a staff analysis comparing contract services versus purchasing a street sweeper and preforming street sweeping "in house." There were Council questions and comments concerning improving the service. Mr. 7 CITY COUNCIL MINUTES MAY 27, 1997 Hunt said after the bids are opened Council will have options to consider before making a decision. It was moved by Runels/Fuller and the motion passed unanimously to authorize the solicitation of bids for a new Street Sweeping Contract. 11.8. FISCAL YtAK lUVO-V/ 'rnnv .�.., ••�•- --- - Finance Director Snodgrass said staff recommended the Council approve the budget adjustments and recommendations included in the Third Quarter Status Report. She said the purpose of the Third Quarter Budget Review is (1) Conduct a review of all City funds to recommend budgetary changes to address known budget deficiencies, (2) Identify budget changes which materially impact fund balances, and (3) Comment on the significant budget trends that will impact with thelplanning. She listebudget and summa zed the d the goals of the Finance Department inconn key third quarter points. It was moved by Runels/Fuller and the motion passed unanimously to approve Schedules A -Unreserved Fund Balance-Control,Fnd Balance -Third Quartler Changes, Adjustments to Fund Balance, D - Unreserved and E - Third Quarter Interim Financial Reports, included in the Third Quarter Budget Status report that summarized budget adjustments. 12. CITY COUNCIL REPORTS (a) Mayor Dougall (1) South San Luis Obispo County Sanitation District - the Board is working on the budget for the next fiscal year. (2) Local Agency Formation Commission - no report. (3) Economic Development Committee - no report. (b) Mayor Pro Tem Lady (1) South County Area Transit - no report. (2) San LUIS OBISPO Council of Governments -see SLORTA report. (3) San LUIS OBISPO Regional Transit Authority (workshop) - Report by Regional Transit Manager; discussion of SCAT becoming part of SLORTA; approved a contract with an outside agency to do an employer survey contract; approved the 1997-98 Revised Budget process; discussed dialysis care and transportation; heard a presentation by a lobbyist of the California Transportation Association; received a refund from a State insurance pool, and, and heard a report from an auditor. 3 CITY COUNCIL MINUTES MAY 27, 1997 (c) Council Member Michael Fuller (1) Integrated Waste Management Authority Board -Discussion of AB939 that 2000. requires cities to reduce solid waste by 50perc He said if the City does not He said Arroyo Grande is at 28 to percent. He said reach the required goal, there could be a fine of $10,000 per day. the board was told the State will not back apewn on the sanctions. rcent the e said in Arroyo Grande only 10 percent of the apartments and 10ercen construction industry participates, the City needs to think in terms of weight, and recycling Green Waste is a must. He asked if the City uses recycled office paper and staff said yes. (2) Air Pollution Control Board - no report. (3) Rubbish Rate Increase Committee - no report. (d) Council Member Runels requests (1) Zone 3 Water Advisory Committee Lo ez Dam are being osen gout; no more for proposals for remedial work on p water is being released from the dam. (2) County Water Resources Advisory Committee - Members discussed a letter to the County Supervisors concerning objections to a ground water transfer plan by the City of Santa Maria; Nipomo agriculture people have petitioned to purchase surplus State water. (e) Council Member Tolley (1) Long -Range Planning Committee - no report. (2) South County Youth Coalition - has scheduled a trip to Ojai to study that City's Youth Master Plan. (3) Community Agriculture Support Program - no report. (4) Mobile Home Rent Review Board - no report. 13 COUNCILIAGENCY COMMUNICATIONS Council Member Tolley reported on a survey taken on the changing of the name of Traffic Way. He said 80 letters had been sent out, 30 came back, and opinion was split down the middle. He said he would continue to talk with the affected parties. 14. STAFF COMMUNICATIONS None. w CITY COUNCIL MINUTES MAY 27, 1997 15. ADJOURNMENT It was moved by Lady/Tion passed unanimously ec al Cit adjourn Council meeting at 9:36 p.m. to Wednesday, June 4,olley and the mot1997, 6:30 p.m., Sp Y Meeting on the 1997-98 Preliminary Budget. "PETE- DOUGALL, MAYOR ATTEST: NANCY A. DAVIS, CITY CLERK 10