Minutes 1997-01-14
- 251
MINUTES
SPECIAL AND JOINT MEETING OF THE
CITY COUNCIl/ REDEVaOPMENT AGENCY
TUESDAY, JANUARY 14, 1997
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
AND ARROYO GRANDE COMMUNITY CENTER, 211 VERNON AVENUE .
ARROYO GRANDE, CAUFORNIA
l
SPECIAL CITY COUNCIL MEETING
Mayor A. K. .Pete- Dougall; Mayor Pro Tern Michael Lady; Council Members Michael
Fuller, Thomas A. Runels, and Steve Tolley; City Manager Robert L Hunt and City
Attorney Timothy J. Carmer met at 6:30 p.m. to discuss the following:
1. CLOSED SESSION:
(a) PUBUC EMPLOYMENT pursuant to Govemment Code Section
54957: Finance Director .
2. ADJOURNMENT: To Regular Council Meeting, January 14, 1997,
7:30 p.m., Arroyo Grande Community Center, 211
Vernon Avenue, Arroyo Grande
JOINT MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY
1. CALL TO ORDER
The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m. ,
with Mayor Dougall presiding. He said no reportable action was taken on Item 1.a. in
the Closed Session.
2. AND 3. FLAG SALUTE AND INVOCATION
The Pledge of Allegiance to our Rag was led by members of Arroyo Grande Assembly
No. 100, Order of Rainbow for Girls. The Reverend Robert Banker of Open Door
Church of Oceano delivered the invocation.
4. ROLL CALL
City Council- Present with Mayor DougaU were Mayor Pro Tem Lady and Council
Members FuUer. Runels, and Tolley. Staff members present were City Manager Hunt,
City Attorney Carmel, City Clerk Nancy Davis, Community Development Director
Doreen Liberto-Blanck, Consultant Mike Multari, Interim Rnance Director Loran Cox,
i Chief of Police Rick Ter8orch, Director of Building and Rre Terry Fibich, Director of
Parks and Recreation John Keisler, and Public Works Director John Wallace.
1
2.52. -,
CITY COUNCIL MINUTES
JANUARY 14, 1997
Redevelopment AgenCf - Present were Board Chair Dougall, Vice Chair Lady, and
Board Members Fuller, Runels, and Tolley. Staff members present were Executive [
Director Hunt, A9ellCf Counsel Carmel, Board Secretary Davis, Assistant Executive
Director Liberto-Blanck, Mr. Multari, Mr. Co~ Chief TerBorch, Chief Fibich, Mr. Keisler,
and Mr. Wallace.
5. SPECIAL PRESENTATIONS
Mayor DougaU presented an Honorary Proclamation to Shirley Payne, who retired as
Parks and Recreation Secretary.
6. AGENDA REVIEW
. The City Manager said supplemental information concerning Item 7.a. had been
distributed to the Council.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITlE ONL Y
It was moved by ladylFuller 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. PUBUC HEARING. APPEAL OF COMMUNrTY DEVELOPMENT DIRECTOR'S
NOVEMBER 26.1996 LETTER TO HAWKEYE INVESTMENTS STATING THE
CHANGES TO THE CENTRAL COAST TOWN CENTER (FORMERLY THE GRANDE
PLAZA BY GENCOM. INC.) SITE PlAN ARE IN SUBSTANTIAL CONFORMANCE
WITH APPROVED PLANS .
Mayor Pro Tern lady said he had not been a supporter of the big box store for this
center, but he would base his decision at this meeting on whether or not the new plan
substantially conforms to the plans previousiy submitted.
Mayor Dougafl said he had spoken against Waf Mart but this is not a tenant-specific
project and he would base his decision on whether or not the new plan is in
substantial conformance with the originaf plans.
Community Development Director Uberto-Blanck introduced Mike Multari of the firm
Crawford, Multari & Starr, who presented' the staff report. He said on July 9, 1996, the I
City Council approved various permits for a commercial development proposed north
of West Branch Street, on both sides of Rancho Parkway. He said the project was
represented by GenCom, Inc. at that time and the Council approved the project
subject to numerous conditions, including one which stated that all development shall
occur 8in substantial conformance- with various exhibits submitted by the applicant.
He said foremost among the exhibits was a site plan that showed the general location,
2
253
CITY COUNCil MINUTES
JANUARY 14, 1997
size, and configuration of the proposed buildings and other project features.
I
;
Mr. Multan said in autumn, 1996, new project proponents - JLM Realty and Hawkeye
Investments. submitted a different site plan and, after several revisions, the
Community Development Director found, on November 26, that the new site plan was
in substantial conformance with the one approved by the City Council, and that,
therefore, a project that matched the new site plan would be eligible for approval
provided aU the other conditions were also met
Mr. Multari listed the key points of the appeal and responses of staff to those points.
He stated the differences between the approved and newly submitted site plans. He
said in the staff report there was a letter from ATE, consultants who prepared the
traffic section of the GenCom EIR, and that Richard Pool, president of ATE, was
present to answer questions.
Mr. Multan reviewed four alternatives the Council could choose - (1) Uphold the
Appeal, (2) Deny the appeal and uphold the Directors findings, (3) Rnd that a different
version of the site plan is acceptable, and (4) Continue action pending more
information.
After Council questions and being ~ssured 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.
Speaking in favor of the appeal were Tom Talbert, appeUant, 1015 Meadow Way; Del
Haney, 199 Via Bandolero; Tony Ferrara, 759 Via Bandolero; Howard Mankins, 200
Hillcrest Drive; Steve Orosz, P.E., Senior Traffic Engineer, Penfield and Smith
Engineers, Surveyers; Christina Ferrara; Daniel Villegas, CaI Poly Professor of
Economics; Jana Zimmer, Attorney for Citizens Committee for Responsible
Development; Tony Detweiler, 202 Avenida de Diamante; Fabbian Detweiler, Larry
Greene, 393 Rodeo Drive; Jerome Kapacinskas, 208 Via Bandolero; Ken Fontes, 764
Via Vaquero; Fred Flannelf, 550 Via Vaquero; Julie Voge, 274 Tempus Circle; Renee
Gruver, 703 Avenida de Diamante; Mrs. Del ~aney; Gary Andrieni, 909 Robin Circle;
! Ross Congable, 255 Rodeo Drive; Chris Ivey,127 Bridge Street; Jerry Tuft, 472
Avenida de Diamante; Kirk Scott, 520 Via Vaquero; Pamela Dennis, 530 Equestrian
Way; John Wysong of Grover Beach, and Jean Wade of 750 Avenida de Diamante
I, and Santa Barbara.
Speaking against the appeal were Elizabeth Watson, Attorney for Hawkeye
Investments, LLC., developers of the project; Brian Wolfe, Senior Associate of Musil
3
254 ,~.'"
CITY COUNCil MINUTES
JANUARY 14, 1997
Perkowitz Ruth, an Architecture, Planning, and Engineering Firm; Gary Kruger, T JKM
Transportation Consultants; Mark Nelson of Grover Beach, General Manager of [
Festival Cinemas; T eodoro Aclan, 103 Equestrian Way; Stephen Cool, Attorney for
Ottse, Inc., owners of Rancho Grande, and Les Copeland of WalMart, who presented
the Council with a copy of -rhe Real World..
Also speaking to the Councit was Otis Page, 606 Myrtle Street.
Presenting documents, letters, and petitions to the Council for the record were the
Citizens for Responsible Development Committee, Ms. Detweiler. Ms. Dennis, Mr.
Ivay, Mr. Copeland; Mr. Mankins, and Mr. Nelson.
When no one further came forward to speak, Mayor Dougall closed the hearing to the
floor.
. Council Members reached consensus to at least conclude this agenda item and take
action on other necessary agenda items.
Council Members recessed for 15 minutes.
Council Members began discussion of the appeal. Mayor Pro Tern Lady said the
changes made in the original plan for -the center were significant and he would vote to
uphold the appeal. He referred to Ms. Detweiler's presentation, in which she
presented documents she said showed that the developers had, from the beginning,
planned a WalMart for the Center. He said he was prepared to make a motion to
direct the City Manager and the City Attorney to further investigate Ms. Detweilers
charges.
Council Member Fuller said a mass discount retailer would change the character of
the center and h~ would vote to uphold the appeal
Council Member Tolley agreed with Council Member Fuller's comments and said if
there was deception on the part of the developer, there is a problem.
Council Member Runels said 60,000 square feet was added to the building and it does I
not conform to the plan originally approved. He said he would vote to uphold the
appeal.
Mayor Dougall said he came to the meeting fully prepared to uphold the appeal and
he had not heard anything to change his mind. He asked for a motion from the
4
-,- 255
CITY COUNCIL MINUTES
JANUARY 14, 1997
Council.
Council Member Fuller moved' to. uphold the appeal and find the project not in
substantial conformance and direct staff to return January 28, 1997 with a resolution .
Council Member Lady seconded the motion. The motion passed unanimously.
It was moved by LadyfTolley and the motion passed unanimously to direct staff to fully
and completely investigate all potential claims of fraud and deception and return to the
Council within 60 days.
Council Member Fuller also asked staff to compare and report to the Council on the
traffic reports submitted by the Committee for Responsible Development and the City's
consultants.
7.C. ADOPTION OF ORDINANCE AMENDING SECTION 9-01.10 OF THE
MUNICIP AL CODe CHANGING THE MEMBERSHIP. APPOINTMENT PROCESS.
AND TERM OF OFFICE OF PLANNING ~MISSIOtt.MEMBERS. AND ADOPTION
OF RESOLUTION CHANGING THE MEMBERSHIP. APPOINTMENT PROCESS. AND
TERM OF OFRCE FOR OTHER CITY BOARDS. COMMISSION~
It was moved by LadylRunels (5-0-0, Lady, Runels, Tolley, Fuller, and Dougall voting
aye) to approve the following staff recommendations:
1. Find that the amendment to Title 9 is consi~ent with the goals, objectives, policies,
and programs of the General Plan and is necessary and desirable to implement the
provisions of the General Plan;
2. The amendment to Title 9 will not adversely affect the public health, safety, and
welfare;
3. The amendment to Title 9 is consistent with the purpose and intent of TItle 9;
4. The potentiaj environmental impacts of the amendment to Title 9 are insignificant;
and based on the following,
J 5. Adopt Ordinance 481 C.S. amending the composition of those applicable.
i
I commissions and boards from seven to five members;
,- 6. Adopt Resolution No. 3192 establishing Council policy as it relates to the .
appointment procedure to various City Commissions and Boards.
5
~--_.__._-_.-
256 '-
CITY COUNCIL MINUTES
JANUARY 14, 1997
8. PUBLIC COMMENT PERIOD
No one came forward to ~peak. [,.
9.. CONSENT AGENDA
It was moved by Fuller/Lady(S-Q-Q, Fuller, Lady, Tolley, Runels, and Dougall voting,.;
aye) to approve Consent Agenda Items 9.b. through 9.n. and 9.p. through 9.r., with
the recommended courses of action.
9.b. Cash Disbursements Ratification. Approved.
g.c. Statement of Investment Deposits. Information.
9.d. Rejection of Claim - Chiarrocchi. Claim rejected.
9.e. Approval to Solicit Bids for a New 1996 or 1997 1/2 Ton Pickup Truck. Approved.
9.f. Approval to Solicit Bids for Construction of the 8m Street Center Restroom.
Approved.
9.g. Approval of Employment Agreement for City Manager Robert L Hunt. Approved.
9.h. Authorization to Solicit Proposals to Prepare a Business Development Marketing
Strategy. Approved.
9.L Approval of Architectural Review for Case No. 87-392, Amendment #4, Project:
200 S. F. Addition to a. Patio Home at 360 Mesquite Lane (Royal Oaks Planned
Development). Resolution No. 3193 Approving Architectural Review Case No. 87..:392
Amendment No.4; at 360 Mesquite Lane was adopted.
9.j. Authorization to Solicit Bids - Vactor Truck. AlJproved.
9.k. Agreement Affecting Real Property, 801 Huasoa Road; James and Evadene
Dotson. Mayor authorized to sign agreement
9.1. Adoption of Resolution for Graffiti Abatement Resolution No. 3194 Adopting the If.
City's Graffiti Abatement Program as Required by Catifomia Assembly Bill 2295 of the ~!
1996 Legi~lative Session.
9.m. Approval of Purchase Order with Sensus Technologies for Water Meters.
Approved.
6
'~ 257
CITY COUNCIL MINUTES
JANUARY 14, 1997
9.n. Approval of Emergency Purchase of Sand Bags. Approved.
9.p. Amendment to Lot Line Adjustment Improvement Agreement; Parcel Map No.
AGlAL 95-078 (Morning Rise Project). Approved and .City Manager directed to
! execute Amendment No.1.
9.q. Hillcrest - Rancho Grande Pressure Zone Connection, City project No. 60-96-6,
Progress Payment No. 2 to Dechance Construction Co., Inc., and Contract Change
Order NO.2. Progress Payment authorized and Change Order No. 2 approved.
9.r. Cooperative Agreement Between the City of Arroyo Grande and Caftrans on the
Installation of Opticom Devices. Mayor authorized to sign agreement and staff
directed to submit agreement to Caltrans for execution.
It was moved by Fuller/Lady and the motion passed to approve Consent Agenda
Items 9.a. and 9.0., with the recommended courses of action. Council Members
Tolley and Runels abstained on these items.
9.a. Minutes of City Council Meetings of August 27, September 10, September 24,
and CounciV Agency Meeting of October 8, 1996. Approved.
9.0. Bikeway Project Two, Project No. 90-96-2, Progress Payment No.4 to A J. Diani
Construction Co., Inc., and Contract Change Order No.3. Progress Payment
authorized and Contract Change approved.
11.A. JOINT CITY COUNCIL/pLANNING COMMISSION RELD TRIP TO FREDERICK
RANCH
It was moved by LadylFuller and the motion passed unanimously to hold the field trip
to the Frederick Ranch on January 28, 1997 at 10 a.m.
11.B. AWARD OF BID - DON ROBERTS RElD HAZARDOUS MATERIAL CAPITAL
IMPROVEMENT PROJECT: PROJECT NO.. SQ.96-1
It was moved by Runels/Lady and the motion passed unanimously to approve staff
recommendations, as follows:
1. Award the Don Roberts Field Project construction contract (for non-recreation
improvements) to A. J. Diani Construction Co.? Inc.? in the amount of $167,921.75;
2. Authorize a contingency of $16,792 (10 percent) for use only if needed for
unanticipated costs (Le. changes in field conditions) during the construction phase of
7
.__~.u~__
258
CITY COUNCIL MINUTES
JANUARY 14. 1997
the project (Tota! project construction cost=$167.921.75+16.792.oo=$184,713.75);
3. Appropriate $5,000 from the City's Drainage Fund (31); utilize $16,200 from Private I
Donations on account with City for Don Roberts Field; appropriate $36,000 from the
Parks Development (Quimby) Fund 13; and transfer $27,258.75 from Hillcrest-Rancho
Grande ~essure Zone Comection Project savings, Le. Water Fund 40;. and
4. Direct staff to issue the Notice of Award and Notice to Proceed in accordance with
the Contract Documents.
11.D. ESTABLISHMENT OF REDEVELOPMENT AGENCY'S EMJ~ENT DOMAIN
POLICY ,
It was moved by LadylFuller (3-0-2, Laay, Fuller, and Dougall voting aye, Runels and
Tolley abstaining) to adopt Resolution No. RDA-6 Establishing an Eminent Domain
Policy as That Policy Pertains to the Redevelopment Plan Prepared for the proposed
Arroyo Grande Redevelopment Project and Finding that a Project Area Committee is
Not Required for the Project
11.E. ADOPTION OF RESOlUTION DIRECTING STAFF TO NQT FORM A PROJECT
AREA COMMITTEE FOR THE PROPOSED REDEVELOPMENT AREA
It was moved by RunelslTolley (5-0-0, Runels, Tolley, Fuller, Lady, and DougaU voting
aye) to adopt Resolution No. 3195 Finding and Determining That a Project Area
Committee Need Not be Formed in Relation to Adoption of the Redevelopment Plan
Prepared .for the Proposed Arroyo Grande Redevelopment Project.
10.A. LOS ROBLES DEL MAR PROJECT IN PISUO BEACH
Joe Costello of 1088 Robin Circle said the Los Robles Del Mar prQJect in Pismo Beach '
would impact the qity of Arroyo Grande and asked the Council to continue its support
of the homeowners' lawsuit against Pisma Beach.
There was Council consensus that the City Attorney Carmel should work the plaintiffs'
(homeowners') attorney in its lawsuit to stop the the project
COUNCIL MEMBERS DIRECTED STAFF TO PLACE ALL ITEMS NOT HEARD ON I
THIS AGENDA ON THE AGENDA OF JANUARY 289 1997.
14. ADJOURNMENT
It was moved by TolleyiLady and the motion passed unanimously to adjourn the
meeting at 12:25 p.m., January 15, 1997.
8
259
CITY COUNCIL MINUTES
JANUARY 14, 1997
I Qv.
I,
t
ATTEST: -f/ ~ a ~
NANCY A. ~ VtS,CITY CLERK
.
.
.
l
9