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Minutes 1997-05-13 .. , . 337 , MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCILJREDEVELOPMENT AGENCY TUESDAY, MAY 13, 1997 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL CITY COUNCIL MEETING Mayor A. K. .Pete" Dougall; Mayor Pro Tem Michael Lady; CouncU 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 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 potential case. 3. RECONVENE TO OPEN SESSION REGULAR CITY COUNCIL MEETING 1. CALL TO ORDER The. City Council of the City of Arroyo Grande met in regular session at 7:30 p.rn" with Mayor Dougall presiding. He said no reportable action- was taken in Closed Session. 2. AND 3. FlAG SALUTE AND INVOCA nON Zack Braun, Tom Bartley, and John Bewick of Masonic lodge No.. 274 led tt1e Pledge of Allegiance to- our Flag. The Rev. Richard- Sham, retired-, delivered- the- invocation. 4. ROLL CALL Present with. Mayor/Chair Dougal~ were- Mayor Pro T emNice Chair lady and Council/Board Members Fttller, Runels, and- Tolley. Staff members present were City Manager/Executive Director Hunt, City Attorney/Counsel Carmel, City Clerk/Secretary Nancy Davis, Community Development Director/Assistant Executive Director Doreen Liberto-Blanck, Public Works Director John Wallace, Parks and Recreation Director John Keisler, Recreation Supervisor Doug Perrin, Public Works Superintendent Shane Taylor, and Public Works Mechanic Larry Iness. 1 33.8 . - , CITY COUNCil MINUTES MAY 13, 1997 5. SPECIAL PRESENTATIONS Mayor Dougall presented a proclamation on Public. Works Association Week to Mr. Wallace, Mr. Taylor, and Mr. lness. 6. AGENDA REVIEW Mr. Hunt said supplement~ material on !terns- 7.e. and 11.b. had. been. distributed to the- Counctt 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONl Y It was moved by Runelsllady and the motion. passed unanimousJy that an resolutions and ordinances presented at the meeting be read in title only and aU further reading be waived. . l.A. PUBUC HEARING - CENTRAL COAST TOWN CENTER - APPEAL Mayor Dougafl announced: that on' May' 6, tOOV'1he: appettant withdrew its appeal ot- the Community Development Directors determination that plans for the Centra. Coast Town Center submitted on February 24th were not in conformance with the July 9th City Council approval. 7.B. PUBLIC HEARING - PLANNED SIGN PROGRAM 97-122 (CARL'S JR.) Community Development Director Uberto-Blanck said the Planning Commission, Architectural Advisory Committee, and Staff Advisory Committee recommended the Council approve Planned Sign Program 97-122 with Minor Architectural Review for the Carl's Jr. located at 1590 West Branch Street. She said the applicant is proposing changes to the signage, awnings, building colors, and parapet wall. After being assured that the Public Hearing had been duly noticed and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. Linda Budge, representing Carl's Jr., said she would answer any Council questions. There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. It was moved by RunelsITolley (5-0-0, with Runels, Tolley, Fuller, Lady, and Dougall voting aye) to adopt Resolution No. 3222 Approving Planned Sign Program Case No. 97-122 and Minor Architectural Review, Applied for by Carl's Karcher Enterprises (Carl's Jr.) at 1590 West Branch Street. 2 , 339 CITY COUNCIL MINUTES MAY 13, 1997 11.D. ADOPTION OF A RESOLUTION APPROVING THE REDEVELOPMENT AGENCY'S REPORT TO COUNCIL ON. THE REDEVELOPMENT PLAN. FOR THE REDEVElOPMEMTPROJECT Council Members Runels and Tolley said they had potential' conflicts of interest in this matter and left the dais. City Manager/Executive Director Hunt said it was staff's recommendation the Redevelopment Agency adopt a resolution approving its Report to the Council on the Redevelopment Plan and transmitting said Report and Proposed Plan to the Arroyo Grande City Council. He said one of the steps in the final process leading to adoption of the Redevelopment Agency's Project Area is the transmittal of the Redevetopment Agency's Report to the City Council regarding the proposed Redevelopment Plan. Mayor/Chair Dougall called the Joint Public Hearing of the City Council/Redevelopment Agency to order and City Clerk/Secretary Davis called the roll for the City Council and Agency Board. Present was CounciVBoard Member Fuller. Mayor Pro TemNice Chair Lady, and Mayor/Chair Dougall. CounciVBoard Members Runels and Tolley were absent. It was moved by Lady/Fuller (3-0-2. with Lady, Fuller, and Dougall voting aye and Runels and Tolley abstaining) to adopt RDA Resolution No. 97-12 Approving Its Report to Council on the Redevelopment Plan for the Arroyo Grande Redevelopment Project and Transmitting Said Report and the Redevelopment Plan to the City Council of the City pf Arroyo Grande. 11.E. ADOPTION OF RESOLUTIONS BY THE CITY COUNCil/REDEVELOPMENT AGENCY ANDING THE USE OF TAXES DERIVED WITHIN THE PROJECT AREA FOR HOUSING PROVIDED OUTSJDE THE PROJECT City ManaQ.erlExecutive Director Hunt said staff recommended' the CounciJ/Agency adopt resolutions finding that use of taxes derived from the territory proposed to be included within the boundaries of the Project Area for housing. provided outside the project area is of benefit to the Project Area~ He said inasmuch as the Project Area contains little. if any, residential property. it is necessary to utilize the housing set- aside monies outside the Project Area in order to comply with California Redevelopment Law. It was moved by Lady/Fuller (3-0-2, with Lady. Fuller, and Dougall voting aye and Runels and Tolley abstaining) to adopt City Council Resolution No. 3223 Finding That Use of Taxes Allocated from the Arroyo Grande Redevelopment Project Area for the Purpose of Housing Outside the Project Area Will be of Benefit to the Project. 3 . , 341 CITY COUNCIL MINUTES MAY 13, 1997 record. He also introduced into the public record three- pieces of correspondence (1) a letter dated May 9, 1997 from the San Luis Obispo County Counsel's Office, (2) a letter of objection dated May 9, 1997 from Edna L Williams, 958 Grand Avenue, owner of Williams Properties, and (3) a letter dated April 8, 1997 from the Office of the Superintendent, Lucia Mar Unified School District supporting the Redevelopment. Mr. Huffman discussed. the various documents contained in the sections of the binder. He said the existing conditions within the project area as proposed and the procedures undertaken by the Agency, City Council, and staff throughout the process met the requirements set forth in the California Community Redevelopment Law. He said the Environmental Impact Report on the project met alJ California Environmental Quality Act requirements for a program environmental impact report for a redevelopment project. He said staff recommended adoption of all resolutions pursuant to the agenda and procedures contained in the Joint Public Hearing binders following conclusion of this public hearing. Mark Huebsch of Stradling, Vocca, Carlson & Rauth, Redevelopment Attorney for the City/Agency, said the Redevelopment Plan also included provisions for public improvements for the provision of affordable housing, provisions for the acquisition of property with limitations particularly as to residentially occupied properties, provisions for owner participation and rules to encourage owner participation. He said the public hearing was open for public comment, he introduced into the public record the maps on the wall (1) Originally Proposed Project Area, (2) Deletion Area showing the areas that wer& deleted pursuant to the County settlement, and (3) Proposed Project Area, the area now under consideration. He said some of the findings were set forth in Section 33367 of the Health and Safety Code. He said the purpose of the hearing was to allow the members of the Board to hear evidence of these findings, which included materials in the binder and oral testimony. He said the major evidentiary findings were (1) the area is a blighted area, (2) the Redevelopment Plan would redevelop the project area in confonnity with the law and public peace, health, safety, and welfare, (3} the adoption and carrying out of the Redevelopment Plan is economically sound and feasible, (4) the Redevelopment Plan conforms to the General Plan of the City of Arroyo Grande, (5) the elimination of blight in the redevelopment project area could not reasonabiy be accomplished by private enterprise acting alone or by the City Council's use of financing alternatives, other than tax increment financing, without the aid and assistance of the Agency. He said a com prete regal, technical engineering description of the adjusted Project Area boundaries is being prepared in accordance with the Settlement Agreement with the County. 5 ---~- 342 . - CITY COUNCil MINUTES MAY 13~ 1997 There were no questions of staff by the Council. Mayor Dougall said the public hearing would consist of (1) written and oral comments by persons in favor of the proposed plan, (2) written and oral comments by persons objecting to the proposed plan, and (3) written and oral comments by others. Nan Fowler, 630 Cerro Vista Circle, representing the Arroyo Grande Chamber of Commerce, spoke in favor of the Redevelopment Plan. Mayor Dougall said a letter was received from Joseph K Boeckx, Superintendent of Lucia Mar Unified School District, supporting the Redevelopment Project Plan. There being no further testimony from persons in favor of the proposed plan, Mayor Dougall closed that portion of the hearing. He opened the public hearing to persons objecting to the proposed plan. Mayor Dougall referred to the letter from Ms. Williams objecting to the plan. Howard Mankins, 200 Hillcrest Drive, read his letter expressing concerns and unanswered questions about the Redevelopment Plan. He said an participants should be fully-informed on this matter and asked the Council not to take final action at this meeting. Larry Gamer, 958 Grand Avenue, said he did not understand would like to have some guidance. Gail Lightfoot, 849 Mesa Drive, said she needed more time to study the plan. Richard Venable, 849 Mesa Drive, said he had heard property taxes will increase and the community does not reap the benefits of redevelopment. Michael LeBrun, 2268 Calendar Road, said the lack of understanding and powers th~t a redevelopment has are worrisome. He questioned calling the project area blighted. Royce Parker, 129 East Cherry Avenue, said he feared the use of eminent domain by the Agency. He asked the Council to continue the matter. There being no further testimony from persons objecting to the proposed plan, Mayor Dougall closed that portion of the hearing. He opened the public hearing to other speakers. When no one came forward to speak, he closed that portion of the hearing. 6 - 343 CITY COUNCIL MINUTES MAY 13, 1997 Mayor/Chair Dougall closed the Joint Public Hearing of the City/Agency to the floor and reserved comments to the CouncilfBoard members. Council Members discussed the problem of convincing the public to attend the workshops held on the proposed redevelopment. Mr. Huffman said the time frame to qualify for the next tax roll was iminent and said the ordinance would need to be in effect by August 19th. Mr. Hunt said this meeting must be continued to May 27th to give an opportunity to respond to the objection letters. He said staff is recommending the public hearing be closed and the item be continued to the next CounciVAgency meeting on May 27th for the limited purpose of considering responses to the written obiections.received at this meeting. It was moved by ladylFuller and the motion passed unanimously to approve staffs recommendation. Council/Board Members Runels and Tolley returned to the dais. 8. PUBLIC COMMENT PERIOD Patricia Brown, 1291 South 16th Street, Grover Beach, said she. was chair of a Grover Beach- Skatepark: Task Force. She- showed- plans for the- skatepark to the GouncU and asked for its financial support. She listed her home phone, 489-9463, and work phone, 346-8635. Matt Van Steenwyk of the American Youth Soccer Organization told about the activities of the soccer teams in Arroyo Grande and said their motto was BEveryone Plays. II He-said the organization recognized maintenance of the playing fields is expensive and presented a check for $2,000 to the City. Accepting the check on behalf of the City was Parks and Recreation Director Keisler and Recreation Supervisor Perrin. Dick Lesser, 268 Sunrise Drive, asked about the progress being made on a new mobile home rent stabilization ordinance addressing resident-owned parks. Mayor Dougall said staff would be contacting him with the information. AI Prince, 335 Old Ranch Road, expressed concern about the use of the YMCA property at Old Ranch Road and West Branch Street. He said he had heard the land may be used for roller hockey. John Curtis, 425 South Erm Street, said he was roller blading on the 8m Street Park Tennis Courts and was told to leave. He wanted to know if there was a City 7 -.-......-...-. ----.- " ~~ . - - - ,. __._.____ __. _.____ _._ _.0- _u... 3 4.4 CITY COUNCil MINUTES MAY 13, 1997 ordinance preventing him from roller blading there. The Mayor said staff would be contacting him with the information. Tom Talbert, 1015 Meadow Way, a member of Concerned Citizens for Responsible Development, spoke against the increased traffic connected with the Central Coast Town Center, said the Citts General Plan was being violated, and asked that the development be returned to the Planning Commission. He said his group would be appealing the Community Development Directors determination of substantial conformance. He added there may be other appellants as well. Kirk Scott, 520 Via Vaquero, also a member of the CCAD, gave copies of a map dated July 9, 1996 to the Council Members. He said a plan has been approved that brings with it a whole new set of environmental problems. He objected to the placement of a loading dock 150 feet from a bedroom in a nearby residence and a proposed garden center that he said was not in the original plan. Mr. LeBrun reminded the Council that new parks are needed in the City and asked the Council to set aside open spaces for recreation when it does General Plan amendments. 9. CONSENT AGENDA It was moved by Mayor Pro TemNice. Chair lady and seconded. by CouncillBoard Member FuHer to approve- Consent Agenda ~tems g..a. through ~ w., with the recommended courses of action. Mayor Pro TemNice Chair Lady, CounciVBoard Member Fuller, and Mayor/Chair Dougall voted aye on all the items. CounciVSoard Members Runels and Tolley voted aye on Items 9.a. through 9.d. and 9.t. through 9.w. and abstained on Items 9.e. and 9.1. 9.a. Cash Disbursements Ratification. Approved. 9.b. Statement of Investment Deposits. Approved. 9.c. City CouncillRedevelopment Agency Meeting Minutes of February 11 and 25, 1997. Approved. 9.d. Special Joint City Council Meeting Minutes of March 27, 1997. Approved. 9.e. Special Meeting of the City Council and Redevelopment Agency Minutes of April 22, 1997. Approved~ 8 , 345 CITY COUNCIL MINUTES MAY 13,. 1997 9.t. Award ot Bid tor Rat Bed Dump Truck. Awarded to low bidder Gibbs International. 9.g. Award of Bid for Front End Loader. Awarded to low bidder Quinn Co. 9.h. Request to Purchase Budgeted Items - Large Format Color Inkjet Plotter and Roll Feed Stand. Approved. 9.i. Payment Request, Porter Field Lighting - Building Energy Consultants. Approved. 9.j. Authorization to Solicit Bids, Landscape Maintenance Contract. Solicitation of bids authorized. 9.k. Updated Administering Agency-State Master Agreement for Federal-Aid Projects. Council adopted Resolution No. 3224 Declaring the Mayor As the Official Authorized to Execute Administering Agency-State Master Agreement No. 05-5199 for Federal Aid Projects. 9.1. SCADA Repairs for Reservoir #5. Staff recommendations approved. 9.m. Award of Bid for Traffic Regulatory Signs. Purchase of signs authorized. 9.n. Bikeway Project One - Paulding Middle School Bike Lanes. Staff recommendations approved. 9.0. Public Works Fees and Service Charges. Approved. 9.p. Award of Low Bid for Vehicle Repair. Awarded to low bidder D. G. Repair. 9.q. Waiver of Fees and Crosure of City Streets for Arroyo Grande Valley Harvest Festival September 26-27, 1997. Council adopted Resolution No. 3226 Requesting Authorization to Close a Street for Harvest Festival Parade. 9.r. Acceptance of Donated Fire Engine. Donation accepted. Mayor Pro Tern Lady and Mayor Dougall commended Mrs. Patricia O'Connell of 1420 Fredensborg Canyon Road, Solvang, for the donation. 9.5. Authorization to Solicit Bids for a Copier. Staff authorized to solicit bids. 9.t. Authorization to Solicit Bids for Replacement of Air Conditioning Equipment at Elm 9 J4b , ~ CITY COUNCIL MINUTES MAY 13, 1997 Street Community Center. Staff authorized to solicit bids. 9. u. Authorization to Purchase Defibrillator. Purchase authorized. ; 9. v. Confirmation of Assessments. Council adopted Resolution No. 3227 Confirming a Landscaping and Ughting Assessment and Resolution No. 3228 Confirming a Landscaping Assessment. 9.w. Agreement Between the South County Historical Society and the City of Arroyo Grande for the Use of City Property at 126 South Mason Street. Approved. 10.A. AWARD OF BID - SOD FOR SOTO SPORTS COMPlEX Parks. and- Recreation Director Keistel 'said .staff. Jecommended 1he Council approve the-low btd of $44,370.62- submitted by Pacifi~ Sod to- provide- and instal. 130-,000 sqoore feet of sod on flood damaged fields at Soto Sports Complex. He said considering increased use, the stability of sod that is already a minimum of five months old when installed, safety and durability of sod, maintenance and labor costs, direct and indirect revenues received from tournaments and league play, and the benefits the community receives from being able to use the fields during the summer, it is recommended the City re-sod the facility. Council Members discussed where the monies would be coming from for the project, including the FEMA reimbursement money from flood damage claims. Lynne Buhlman of Nipomo asked what the loss to the City would be if the fietds were planted with seeds, not re-sodded, and not available for toumaments and league play. Mr. Keisler said $10,000 plus $186,000 in indirect revenues. It was moved by LadyfTolley and the motion was approved on a roll call vote. Voting aye were Lady, Tolley, Fuller, Runels and DougaU. . 10.8. FISCAL YEAR 1997-98 BUDGET SESSIONS City Manager Hunt said-staff recommended the.CityCounci! meet on June. 4th, 10th, 17th, and 24th to- review, modify as appropriate, and- adopt the- Rscat Year 1007-98 Budget. He said the Planning Commission1s review of the Capital Improvement Program is set for May 20th and the Citizensl Participation meeting for May 28th. He referred to a press release to be sent to the media inviting the citizens to the meeting. It was moved by TolleylAunels and the motion passed unanimously to approve the staff recommendation. 10 --- ------+..~ , . . 347 CITY COUNCIL MINUTES MAY 13, 1997 11.A. VILLAGE AREA PARKING OPTIONS Community Development Director Liberto-Blanck said the Parking and Business Improvement Area Advisory Board recommended the City Counci. adopt Village Area Parking Option 1. She said at the February 11, 1997 City Council meeting, staff was directed to prepare a report on parking options for the Village Area, including a discussion of fn-lieu fees and alternatives to providing parking. The City Council also requested that the Parking Improvement Board and the Village Improvement Association be involved in the formulation of alternatives. She described the options as being (1) Allow permitted uses to locate- in existing buildings in the Village area without providing off street parking. Require off street parking only for -new development, - or increased square footage in existing buildings or (2) Continue requiring off street parking on a case-by-case basis as required by the City's Development Code (status quo). After questions and discussion, it was moved by Fullerrr olley and the motion passed unanimously to adopt Option 1, as recommended by the Parking and Business Improvement Area Advisory Board. City Attorney Carmel said the Council is authorizing a Development Code amendment. 11.8. WAIVER OF FEES FOR (1) ARHOYO GRANDE VALLEY LITTLE lEAGUE. (2) ARROYO GRANDE BABE RUTH lEAGUE. AND (3) RVE CmES YOUTH FOOTBALL LEAGUE Parks. and- Recreation Diredor Keisler said the Parks. and Recreation Commission recommended the Caunci. waive all field renta. fees for the purpose- of- practice or game play by the Arroyo Grande Valley Uttfe League and the Arroyo Valley Babe Ruth League. He said it also is recommended the Council consider the requested fee waiver by the Five Cities Youth Football. Mayor Dougall said the applicants had not submitted the required information to receive a fee waiver. Council Member Runels suggested waiving the fees, with the exception of the preparation of the fields, for youths under 16 years of age. Council Member Tolley said if some kids cannot play it would be a tragedy. Council Member Lady reminded the Council the A YSO had donated $2,000 to the City. Ms. Buhlman said this would affect soccer because the soccer groups had planned to ask for fee waivers also. Council Member Tolley suggested the term "youth sports" be defined. Mr. Buhlman said he refereed soccer players 16 to 19 years of age and if they are on 11 34.8." , CITY COUNCIL MINUTES MAY 13, 1997 the soccer fields, they are not in gangs. It was moved by LadyfTolley to approve the staff recommendation and the motion was approved on a roll call vote. Voting aye were Mayor Pro Tern Lady and Council Members Tolley, Runels, and Fuller. Voting no was Mayor Dougall. Mr. Hunt said staff would make sure the applications for fee waivers are more complete before taking them to the Council in the future- and would work on some type of .youth sports" definition and process. He said these items would be brought back to Council. 11.C. JOINT CITY COUNCIl AND PlANNING COMMISSION MEETING The Community Development Director said staft recofumended the Counci~ select Thursday, May 29th', or ThtJrsday, June 5th. for a joint meeting with. the Pfanning Commission and provide direction to staff on topics for the meeting. There was Council consensus to postpone the- meeting for a minimum of 60 days and coordinate it with the General Plan Update. 12. COUNCILjAGENCY COMMUNICATIONS (a) Council Member Runels said he had attended a Flood Control Board meeting and learned State water will be flowing soon. (b) Council Member Tolley thanked the Arroyo Grande Police Department for participating with other law enforcement agencies in a large drug raid in San Luis Obispo. (c) Council Member Fuller said he attended the Economic Vitality Committee meeting and the foundation is being set for future actions. (d) Mayor Dougall referred to a draft agenda for the Special Joint Meeting of the City Councils of San Luis Obispo County, He asked for Council opinions on a one-half cent sales tax increase to be used for roads in the County. Mayor' Pro Tern Lady and Council Member Runels said they would not be in favor, Council Members Fuller and Tolley said they needed more information. 13~ STAFF COMMUNICATIONS Mr. Hunt asked- the CouncU Members. to retain their Redevelopment Project binders. 12 349 .. . .. ~ .. CITY COUNCIL MINUTES MAY 13, 1997 14. ADJOURNMENT It was moved -by Tolley/Fulfer and 'the motion passed unanimousty to. adjo.um the meeting at 10:34 p.m. ATTEST: 7l~a. ~ NANCY A. ViS, CJTY CLERK 13 --~---~. -_. -".-.-------- -- ----_._--------~-~-