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Minutes 1996-10-08 . , -, 215 MINUTES JOINT MEETING CITY COUNCIL/REDEVELOPMENT AGENCY ruESDA Y, OCTOBER 8, 1996 l COUNCIL CHAMBERS, 211 VERNON AVENUE ARROYO GRANDE, CALIFORNIA < 1. CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A. K. UPeteU Dougall presiding. 2. AND 3. FLAG SALUTE AND INVOCATION The Pledge of Allegiance was led by Tom Bonds of the Arroyo Grande Lions Club and Rabbi Frank Rosenthal, Emeritus, delivered the invocation. 4. ROLL CALL City Council Members present were Mayor Dougall, Mayor Pro Tern James Souza, and Council Members Brandy, Lady, and Fuller. Redevelopment Agency Members present were Chair Dougall, Vice Chair Souza, and Board Members Brandy, Lady, and Fuller. Staff members present were City Manager Robert L. Hunt, Assistant City Attorney Timothy J. Carmel, City Clerk Nancy A. Davis, Community Development Director Doreen Liberto-Blanck, Public Works Director John Wallace, Parks and Recreation Director John Keisler, and Associate Planner Lori Rosenstein. 5. SPECIAL PRESENTATIONS (a) Honorary Proclamation - uRed Ribbon Week" - Accepted by Police Officer Sherri Heath. (b) Honorary Proclamation - AFire Prevention Weak" - Accepted by Director of Building and Fire Terry Fibich. 6. AGENDA RI;:VIEW Mr. Hunt said additional information about Agenda Item 7.b. had been distributed. to the Council. He also said if the Council approves Consent Agenda Item 9.c., the text of Ordinance 480 C.S. will be printed in full. ) 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y J It was moved by Souza/Brandy, 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. CONTINUED PUBLIC HEARING - REVIEW OF lONG-RANGE CIRCULATION 1 --_.~ - .21.6 - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES OCTOBER 8, 1996 STUDY FOR HIGHWAY 227 AND SELECTION OF PREFERRED ALTERNATIVE Community Development Director Liberto-Blanck said staff recommended the City Council provide direction regarding further City action on SR 227 realignment project. r She said funds fo'r long range improvement studies have been budgeted by San Luis Obispo Council of Governments (SLOCOG) using urban and regional State Highway Account (SHA) funds. She said on September 10, 1996, the City Council held a public hearing on this item, continued it to October 8th, and directed formation of a subcommittee to review the study's traffic counts, assumptions used in the traffic model, and respond to questions regarding the various options. She said the Council also directed the Traffic Consultant to provide a more detailed alignment of option 6C. She listed three alternatives for City Council consideration. 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. Speaking to the Council were Mike Titus, 404 Lierly Lane; Tony Lees (311 Noguera Place), who presented a petition containing 350 signatures supporting Alternative No. 2; Phil Whitaker, 615 E. Cherry Avenue; Otis Page, 606 Myrtle Street; Edward Gordon, 272 Tempus Circle; Randy Ouimette, 327 Noguera Place; Lynn Titus, 404. Lierly Lane; Katcho Achadjian, 535 Traffic Way; Chris Germino, 111 Clarence Avenue; Larry Turner, 323 Noguera Place; Buddy Jaquith, 623 Myrtle Street; Mike Frederick, 1015 Evy Lane; Scott Lathrop, Lucia Mar Unified Sqhool District; William Jansen, 516 East Cherry Avenue; Howard Mankins, 200 Hillcrest Drive; Richard DeBlauw, 744 Alta Vista Way; Lawrence Vanderveer, 756 Myrtle Street; Ella Honeycutt, 560 Oak Hill Road; Will Schaefle, 374 Via Bandolero, and Ingrid Pearson, 215 Clarence Avenue. There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. THE CITY COUNCIL RECESSED AT 8:57 P.M. AND RECONVENED AT 9:02 P.M. There was extensive Council discussion of the matter and Mayor Dougall and Council Member Brandy said they could not support an alternative which could result in the recommendation of a bypass using Stanley Avenue and traversing farm land. It was moved by Fuller/Lady, and the motion passed on a 3 to 2 vote, with Fuller, l Lady, and Souza voting aye, and Brandy and Dougall voting nq,to instruct Omni- Means to update the SR 227 Realignment Study based on the new data presented in the draft Major Investment Study. 2 -_.~-- '-'- ~ 217 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES OCTOBER 8, 1996 7.B. APPEAL OF PLANNING COMMISSION DETERMINATION - FLOOR AREA RATIO INTERPRETATION: APPLIED FOR BY LARRY GIN ., Associate Planner Rosenstein said staff recommended adopting a resolution denying I the appeal and fino that the floor area ratio (FAR) standard applies to all lots. She J said this item was continued from the Council meeting of September 24. She said on J August 20, 1996, the Planning Commission made an interpretation that footnote (d) at the bottom of Development Code Table 9-06.050-8 applies to all residential lots irrespective of whether the setback and lot coverage standards for the previous zone or present zone are applied. She said the appellant disagrees with the Planning Commission's interpretation applying floor area ratio standards to pre-1991 subdivided lots and believes that application of floor area ratio violates the Government Code. 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. Steve Cool, attorney representing the appellant; Charles Sebula, architect for the project, and Peter Keith, partner of Larry Gin, spoke to the Council in favor of the appeal. There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Lady, Fuller, and Dougall voting aye) to adopt Resolution No. 3180 Denying the Appeal of the Planning Commission Interpretation Regarding Floor Area Ratio (FAR) Standards; Applied for by Larry Gin. 8. PUBLIC COMMENT PERIOD John Keen, 198 North Elm Street, requested the City Council to direct staff to study the buying of electricity as a block or join with other cities to buy power. Herman Olave, president of Harvest Bag, Inc., thanked the City Council for waiving the rental fees for use of the Community Building. J Mr. Schaefle requested the City to paint the center lines down Rancho Parkway, Camino Mercado, and the street in Phase 1 of Rancho Grande because people are driving on the wrong side of the street. 9. CONSENT AGENDA It was moved by Brandy/Souza (5-0-0, Brandy, Souza, Fuller, Lady, and Dougall 3 ^-~..- -, - .218 - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES OCTOBER 8, 1996 voting aye) to approve Consent Agenda Items 9.a. through 9.k., with the recommended courses of action. 9.a. Register of Checks. Approved. r 9.b. Statement of Investments. Information Only. 9.c. Adoption of Ordinance 480 C.S. Amending Portions of Title 2 and Title 10 of the Arroyo Grande Municipal Code. The Ordinance was adopted, 9.d. Rejection of Claim Against the City - Margaret Caruso. The claim was rejected. 9.e. Omni-Means Contract - Long-Range Transportation Study. An amendment to the contract was approved. 9.1. Adoption of Resolution No. 3181 Authorizing the Temporary Closure of Leanna Drive Between the East and West Terminus of Turquoise Drive, on October 12, 1996 for a Block Party. The Resolution was adopted. 9.g. Acceptance of Right-ot-Way and Tree Planting Easements from Landmark Missionary Baptist Church, Inc., 1220 Farroll Avenue. The right-of-way was accepted. 9.h. Approval of City Consultants List. The list ot consultants was adopted. 9.i. Authorization to Use City Property for March of Dimes Walk America; Saturday, May 3, 1997. Approved. 9.j. Wet Pets Use Permit Case No. 96-542; 1164 Grand Avenue; Water Neutralization Proposal. The neutralization plan was approved. . 9.k. Adoption of Resolution No. 3182 Authorizing Submittal of a Loan Application to the State of California Under the Mobile Home Park Residential Ownership Program. The Resolution was adopted. 10. CONTINUED BUSINESS None. l 11.A. AUTHORIZATION TO SOLICIT BIDS - DON ROBERTS FIELD Public Works Director Wallace said staff recommended the Council: 1. Authorize staff to finalize plan revisions to accommodate recreational needs, and 4 --,-- .....------- -, - --- ,- 219 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES OCTOBER 8, 1996 call for bids for the grading and parking lot plan for Don Roberts Field: Phase I Construction; l 2. Approve the proposal from Earth Systems Consultants dated October 27, 1995 for remediation monitoring and testing during construction and, direct the Mayor to execute a contract in a form approved by the City Attorney; and 3. Return to the Council with a separate authorization to solicit bids for recreational improvements for Don Roberts Field (Phase II). Mr. Wallace discussed funding of the project, which included hazardous materials remediation, and said because the extent of testing will be dependent upon the actual levels of contamination found, funds available for the Phase II construction of recreational improvements have not been quantified. He said project funding will be .J reconciled as construction of Phase I is completed and before Phase II is brought back te;> Council. It was moved by Fuller/Brandy and the motion passed unanimously to approve staff recommendations, 11.8. REQUEST FROM THE VILLAGE IMPROVEMENT ASSOCI~ TIQN TO ~IGHT THE TREE IN FRONT OF PUBLIC WORKS ENGINEERING BUILDING DURING THE HOllDA Y SEASON Parks and Recreation Director Keisler said staff recommended the Council approve the Village Improvement Association's request to install and operate decorative lights in the tree in front of the Public Works Engineering building. He said the General Fund impact of approximately $71 could be absorbed within the existing utilities account funding in the FY 1996-97 Non-Departmental budget. It was moved by Lady/Souza and the motion passed unanimously to approve the staff recommendation. 11.C. ADOPTIO OF RESOLUTION ADOPTING THE CONFlI T OF INT R T CODE OF THE ITY OF ARROY GRANDE AS THE CONFlI T FI ST CODE FOR THAGENCY. APPROVING AGENCY BYLAWS. ADOPTIt4G THE J CITY'S PERSONNEL RULES AND REGULATIONS AS THE AGENCY'S PERSONNEL RULES AND REGULATIONS. AND ADOPTING PROCEDURES FOR IMPLEMENTATJO~ OF CECA (COUNCIL/AGENCY AGENDA ITEM) City Manager Hunt said staff recommended the Agency Board: . .. - Adopt a resolution adopting the Conflict of Interest Code of the City of Arroyo 5 _.'~-"--------~---'-'-'-- 22"0 -", CITY COUNCIUREDEVELOPMENT AGENCY MINUTES OCTOBER 8, 1996 Grande as the Conflict of Interest Code for the Agency and approving Agency bylaws; - Adopt a resolution adopting the City of Arroyo Grande's procedures tor [ implementation of "the California Environmental Quality Act (CEQA); - Adopt a resolution adopting the City of Arroyo Grande's Personnel Rules and Regulations as the personnel rules and regulations for the Agency. It was moved by Agency Board Member Brandy, seconded by Board Vice Chair Souza (5-0-0, Brandy, Souza, Fuller, lady, and Dougall voting aye) to adopt Redevelopment Agency Resolution No. 96-1 Adopting the Conflict of Interest Code for the Agency and Approving Agency Bylaws. It was moved by Agency Board Vice Chair Souza, seconded by Board Member Lady (5-0-0, Souza, Lady, Brandy, Fuller, and Dougall voting aye) to adopt Redevelopment Agency Resolution No. 96-2 Adopting the City of Arroyo Grande's Procedures for Implementation of the California Environmental Quality Act (CEQA). It was moved by Agency Board Member Brandy, seconded by Board Vice Chair Souza (5-0-0, Brandy, Souza, Fuller, Lady, and Dougall voting aye) to adopt Redevelopment Agency Resolution No. 96-3 Adopting the City of Arroyo Grande's Personnel Rules and Regulations As the Personnel Rules and Regulations for the Agency. City Manager Hunt said staff recommended the City Council adopt a resolution approving the Conflict of Interest Code adopted by the Arroyo Grande Redevelopment Agency. It was moved by Council Member Brandy, seconded by Council Member Lady (5-0-0, Brandy, Lady, Fuller, Souza, and Dougall voting aye) to adopt Resolution No, 3183 Approving the Conflict of Interest Code Adoptedby the Arroyo Grande Redevelopment Agency. 11.0. ADOPTION OF RESOLUTION APPROVING COOPERATION AGREt:M..ENT AND ASSIGNMENT OF CONSULTANT CONTRACTS (AGENCY AGENDA ITEM) City Manager Hunt said staff recommended the Agency Board of Directors: t - Adopt a resolution approving a Cooperation Agreement between the City of Arroyo Grande and the Arroyo Grande Redevelopment Agency; - Approve the assignment of the redevelopment consultant services Agreement with 6 - -'- 221 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES OCTOBER 8, 1996 Urban Futures, Inc.; and -'J - Approve the assignment of the legal services contract with Stradling, Yocca, Carlson, and Rauth. Mr. Hunt said the cost to establish a Redevelopment Agency and adopt a Redevelopment Plan is approximately $120,000 and will be the responsibility of the Agency. He said it is recommended the funding be secured by the Agency through a Cooperation Agreement with the City, using the City's Sewer Facifity Fund that has an estimated Ending Fund Balance of approximately $1.7 million as of June, 1997, He said the Cooperation Agreement was previously approved by the Council on August 13, 1996. It was moved by Agency Board Member Fuller, seconded by Board Member Lady(5-0- 0, Fuller, Lady, Brandy, Souza, and Dougall voting aye) to adopt Redevelopment Agency Resolution No. 96-4 Approving a Cooperation Agreement By and Between the Arroyo Grande Redevelopment Agency and the City of Arroyo Grande; to approve the assignment of the redevelopment consultant services Agreement with Urban Futures, Inc., and to approve the assignment of the legal services contract with Stradling, Yocca, Carlson, and Rauth. 11.E. APPROVAL OF CITY CLERK'S FY 1996-97 POLICY ITEM City Manager Hunt said staff recommended: - The City Council approve an increase in the Cooperation Agreement with the Redevelopment Agency from its current $120,000 to $131,700. - The Agency Board approve the City Clerk's Policy Item No. 1 - addition of a Clerk Typist position. Mr. Hunt said t/1e fiscal impact for FY 1996-97 was $11,700. He said if approved by the Council and Board, the additional funding would be the' responsibility of the City's Redevelopment Agency through an amendment to the previously-approved Cooperation Agreement. He said additional funding for the Cooperation Agreement was proposed to be secured from the City's Sewer Facility Fund. J It was moved by Council Member Lady, seconded by Mayor Pro Tem Souza, and unanimously approved to approve an increase in the Cooperation Agreement with the Redevelopment Agency from its current $120,000 to $131,700. It was moved by Agency Board Member Lady, seconded by Board Vice Chair Souza, 7 -----~.~._~------_.._.. '22.2 ~ - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES OCTOBER 8,1996 and unanimously approved to approve the City Clerk's Policy Item No.1 - addition of a Clerk Typist position. 12. COUNCIL COMMUNICATIONS r None. 13. STAFF COMMUNICATIONS None. 14. ADJOURNMENT It was moved by Brandy/Fuller, and the motion passed unanimously to adjourn the meeting ~(t . A. K. "PETE" DOUGALL, AVOR ATIEST: Yl~a.~ NANCY A. D IS, CITY CLERK l 8