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Minutes 1997-01-28 2.6.0. '" . . . SPECIAL AND JOINT MEE11NGS OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JANUARY 28,1991 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CA 93420 SPECIAL CITY COUNCIL MEETING I 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 6:00 p,m. to discuss the following: 1. CLOSED SESSION (a) CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Lots 125 and 131 of Rancho Corral de Piedra; Volume 116, Page 435 of Official Records of San Luis Obispo County (Assessors Parcel No. 075-311-013). Negotiating Party: Brush Poppers Under Negotiation: Price and terms of payment (b) CONFERENCE WITH LEGAL COUNSEL-Anticipated Utigation In'itiation of litigation pursuant to Government Code Section 54956.9(c) involving one (1) potential case. (c) CONFERENCE WITH LEGAL COUNSEL-Anticipated Utigation Significant exposure to litigation pursuant to Government Code Section 54956.9(b) involving two (2) potential cases. 2. ADJOURNMENT:. To Regular Councillleeting, January 28, 1991, 1:30 p.m., Arroyo Grande City Council Chambers REGULAR CITY COUNCIL MEETING 1. CALL TO ORDER I The City Council of the City of Arroyo Grande met in regular session at 7:30 p.rn.. with Mayor DougaU presiding. He said no reportable action was taken. on Items 1.(a), (b), and (c) in the Closed Session. 2. AND 3. FlAG SALUTE AND INVOCATION 1 - 261 . . CITY COUNCIL MINUTES JANUARY 28, 1997 The Pledge of Allegiance Flag was led by Ray Cook, Commander, and Rick Keith, First Vice Commander, American Legion Post No. 136. The Rev. Paul Jones, Retired, delivered the invocation. 4. ROLL CALL City Council - Present with Mayor Dougall were Mayor Pro Tern Lady and Council Members Fuller, Runels, and Tolley. Staff, members present were City Manager Hunt, City Attorney Carmel, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck; Finance Director Lynda Snodgrass, Former Interim Finance Director Loron Cox, Public Works Director John Wallace, Associate Planner Scott Spierling, and Police Commander Dan Wulfing. Redevelopment Agency - Present with Chair Dougall were Vice Chair Lady and Board Members Fuller, Runels, and Tolley. Staff members present were Executive Director Hunt, Agency Counsel Carmel, Board Secretary Davis, Assistant Executive Director Liberto-Blanck, Ms. Snodgrass, Mr. Cox, Mr. Wallace, Mr. Spierling, and Commander Wulfing. 5. SPECIAL PRESENTATIONS Mayor Dougall presented an Honorary Proclamation to Mr. Spierling, who left his job at the City. 6. AGENDA REVIEW Mr. Hunt said he distributed additional correspondence on Agenda Item 7.b. and supplemental information on 10.b. 6A. RESOLlnlONS AND ORDINANCES READ IN TITLE ONLY It was moved by LadylRunels and the motion passed, unanimously that all resolutions and ordinances presented at the meeting be read in title o~ly and all further reading be waived. 7.A. PUBLIC HEARING - AN APPEAL OF PLANNING COMMISSION RESOLUTION NO. 96-1590 PROVIDING AN INTERPRETATION OF THE DEVELOPMENT CODE THAT A "QUICK LUBE" BUSINESS IS NOT A PERMITTED USE IN THE GENERAL COMMERCIAL DISTRICT: APPELLANT: PATRICK DEVANEY. OWNER OF SUNSET NORTH .CAR WASH: LOCATION: 1198 GRAND AVENUE Community Development Director Liberto-Blanck said staff recommended the Council adopt a resolution denying the appeal and upholding Planning Commission Resolution No. 96-1590. She said the appellant, whose car wash business is in a General Commercial District, was considering expanding the existing use to include a -quick 2 ,26.2 . -. CITY COUNCil MINUTES JANUARY 28, 1997 lubea operation. She said the proposed use 1A(Ould include automotive oil changes and the replacement of small parts such as filters aJ1d wiper blades. She said the only use ~ listed under aauto-related repair and servic~" permitted in the. General Commercial '.- District is automotive washing and aU other auto-related repairs and services are only permitted in the Highway Commercial District. She said the Planning Commission had determined that the proposed' use does not comply with the purpose and intent of the General .commercial District. 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. John Belsher, attorney for the appellant, spoke in favor of the appeal, showed photos of his clienes car wash, and gave the CouncH a copy of a magazine article about adding a aquick lubea to a car wash operation. Wayne King of San Luis Obispo, manager of the car wash, also spoke in favor of the appeal. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. After Council discussion, it was moved by LadylTolley (5-0-0, Lady, Tolley, Fuller, Runels, and Dougall voting aye) !eo adopt Resolution No. 3196 Providing an Interpretation of the Development Code That a aQuick Lube- Business Is Not a Permitted Use in the General Commercial District. The appeal was denied. 7.8. PUBLIC HEARING ..APPEAL OF PLANNING COMMISSION APPROVAL OF TENT Allve TRACT NO. 2207. CONQIJIONAL USE PERMIT CASE NO. ~ (P.U.D. PERMIT) AND ASSOCIATED ARCHITECTURAL REVIEW: APPELLANTS: HERMAN AND HELEN OLA VE. 222 WEST CHERRY Council Member Runels said he may have a conflict of interest in this matter and left the room. ~ Associate Planner Spierling said staff recommendect the Council adopt a resolution " denying the appeal and upholding the Planning Commission's approval of the project. d . ~. Referring to the Community Development Directors staff report, Mr. Spierling gave a ! project summary. He said the proposed project consists of a tentative subdivision map and a conditional use permit (Planned Unit Dev~opment permit) to subdivide a 57 acre site into 38 clustered single family residential lots and two open space lots. 3 263 CITY COUNCIL MINUTES JANUARY 28, 1997 He said primary access for the project is proposed via an extension of Orchard Avenue and secondary, gate emergency access is required by the tract conditions and mitigation measures. He said the secondary access is anticipated to be provided by a connection to Coast View Drive, a private road south of the project in the unincorporated area oi the County. He showed a map of the project on the overhead projector. He said the traffic engineer was present at the meeting to answer questions. Mr, Spierling listed five options that were identified by staff for providing primary access to the site. 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 in favor of the appeal was Hennan Olave, 222 W. Cherry, appellant, who said he spoke for a coalition consisting of residents of Sunrise Terrace Mobile Home Park; Falcon Ridge Homeowners' Association, and Orchard, California, and West Cherry streets. He presented the Council with petitions against the project signed by 57 residents. Also speaking in favor of the appeal wers Marie Burt, 414 Orchard; Jan Ratterree, 202 W. Cherry; Kelly Kimball, 270 Pleasant Lane; Unda Sewell, 407 Orchard; Bob Kimball; Jane Une, 265 Pleasant Lane; Martin Une; Tom Vaughan, Vaughan Surveys of Paso Robles; AI Schultz, 270 Falcon Crest Drive; Pete Swigetas, Falcon Ridge Estates, and Mr. Belsher, attorney for the coalition. Speaking against the appeal were Haythem Dawlett, the developer oi Tract .2207; Jim Garing, Garing, Taylor and Associates, Project Engineers; Jared Hoover, Pastor of First Assembly oi God Church, and Pete Hacker, 407 Beech Street There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. Council Members considered the'various options. City Attorney Cannel said if it was Council's direction support the appellants it should direct staff to make the findings to uphold the appeal and continue the item until later in the meeting. It was moved by Fuller/Lady and the motion passed unanimously to follow Mr. Carmel's recommendation. 4 ~ .264 "'- . . CITY COUNCIL MINUTES JANUARY 28, 1997 Council Member Runels returned to the dais. 7.C. PUBLIC HEARING - ARROYO GRANDE UNDERGROUND UTILITY DISTRICT I #5 - GRAND AVENUE Public Works Director Wallace said staff recommended the Council: 1. Direct staff to complete engineering calculations necessary to estimate the costs and determine election 'requirements (pursuant to Proposition 218 requirements) for the subject underground utility district (Grand Avenue from Halcyon Road to Barnett Avenue); 2. Allocate $5,000 from the Grand Avenue Capital Improvement Project {Fund 50} to accomplish these tasks; and 3. Direct staff to work with the affected utility companies to develop a sr;hedule for the Grand Avenue Reconstruction Project that anows for concurrent installation "f the underground facilities while minimizing impacts to the Grand Avenue reconstruction project. Mr. Wallace said on November 12, 1996 Councll approved the further consideration of a proposed underground utility district for Grand Avenue that would be constructed in coordination with the reconstruction of the street provided for under the approved FY 1996-97 Capital Improvement Program. He said the funds for the required analysis ($5,000) are recommended to be allocated from the Grand Avenue Capital Improvement Project. 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. Howard Mankins, 200 Hillcrest Drive, asked a question concerning costs to the property owners and said he supported the project. There being no further public discussion on the matter, Mayor Dougall closed the I hearing to the floor. . It was moved by RunelslLady and the motion passed unanimously to approve staff recommendations. 5 . - 20b . . CITY COUNCIL MINUTES JANUARY 28, 1997 7.D. PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT - SECOND [ RESIDENTIAL DWELLING UNITS City Manager Hunt said on December 10, 1996, based on the Planning Commission's recommendation, the City Council authorized staff to initiate a Development Code amendment to, among other things, establish specific provisions allowing for the conversion of legally existing primary residential dwelling units to second residential dwelling units. 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 on the matter. Unda Osty, 305 Allen Street, spoke in favor of the new ordinance. There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. It was moved by FullerlRunels (5-Q-O, Fuller, Runels, Tolley, Lady, and Dougall voting aye) to introduce for a first reading an Ordinance Amending Chapter 11 of Title 9 of the Municipal Code Regarding Second Residential Swelling Units. 8. PUBLIC COMMENT PERIOD Fabbian Detweiler, 202 Avenida de Diamante, said she was presenting to the Council , an item to aid in its pending investigation that was voted on January 14, 1997. She spoke about the Central Coast Town Center and stated Hawkeye Investments, LLC had knowledge that WalMart had been contacted about being in the center earty in the planning of the project. Maurice Phillips, 158 Avenida de Diamante, presented a document for Tony Detweiler that stated the City should use the opportunity before it, based on the deliberate misrepresentation of the size of the major anchor tenant in the months predKiing the City Council's July 9, 1996 approval of the project, to reexamine the traffic data and utilize both a different traffic consultant and overall project consultant so that the City, I if properly represented, will not risk underfunding of these significant traffic fees. Chris Barrett, 1340 Newport Avenue, spoke to the Council about the increasing number of parents in vehicles who use Montego Street as a drop-off and pick-up point for their Ocean View Elementary School students. He also spoke about excessive vehicle speed on Newport Avenue and Hillcrest Drive. He presented a petition to the Council signed by neighborhood parents. 6 . Zb.b. . . CITY COUNCil MINUTES JANUARY 28, 1997 9. CONSENT AGENDA It was moved by CounciVSoard Members FullerlRunels and the motion passed [ unanimously to approve Consent Agenda Items 9.b. through 9.e. and 9.g. through 9.j., with the recommended courses of action. 9.b. Cash Djsbursement Ratification. Approved.. 9.c. Office of Traffic Safety Grant Staff authorized to apply for Two Grants. 9.d. Waiver of Fees - South County Historical Society. Fees waived. 9.e. Warrants for Four-Way Stop Sign InstaJlation. Corrected warrants approved. 9.g. Approval to Purchase Police Motorcycle Radar Una. Approved. 9.h. Waiver of Fees - Harvest Bag, Inc. Fees waived. 9.L Rejection of Claim Against the City - BUJ1ram JOhnson. Claim rejected. 9.j. Award of Audit Services Contract(s) [CounciVRedevelopment Agency]. Mayor/Chair authorized to enter into an agreement with Vavrinek, TriRe, Day, and Co. It was moved by FullerlLady to approve Consent Agenda Item 9.a., with the recommended course of action. Council Members voting aye were Fuller, Lady, and Dougan. Council Members abstaining were Runels and Talley. 9.a. Minutes of City Council Meetings of October 22 and November 12, 1996. Approved. It was moved by Ladyrrolley and the motion passed unanimously to pull from the Agenda Consent Agenda Item 9.1., Upholding Appeal Submitted by Tom and Janet Talbert, to make potential revisions to the resolution and bring it. back to the next Council meeting on February 11, 1997. . l 10.A. ESTABLISHMENT OF A MILEAGE REIMBURSEMENT RATE FOR EMPLOYEES AND VOLUNTEERS '[COUNCIIJREDEVELOPMENT AGENCY} . City Manager Hunt said staff could find no specific Council action that would establish the mileage reimbursement rate of .31e. He said staff recQrnmended Council take such an action. . 7 -> 267 CITY COUNCIL MINUTES JANUARY 28, 1997 It was moved by CounciVBoard Members RunelsJLady (5-0-0 with Council/Board Members Runels, lady, Tolley, Fuller, and Dougall voting aye) to establish .31ft per mile as the employeelvolunteer mileage reimbursement rate for FY 1996-97 and FY 1997-98. 10.B. STATUS OF ARROYO GRANDE GRANT PROJECTS WITH SLOCOG Public Works Director Wallace said Jill Peterson would give the staff presentation. Ms. Peterson gave a history of the status of the City's projects administered by the San Luis Obispo Council of Governments. She said there were $489,085 of Regional State Highway Account (SHA); $222,760 of Proposition 116, and $67,600 of Transportation Enhancement Activities (TEA) grant funding that are in jeopardy. She reviewed three options (A, B, and C) for the remaining $175,000 of Regional SHA funds on the Route 227 Corridor Improvements project, and said staff recommended the Council: 1. Adopt a preferred option for the remaining $175,000 of SHA funds on the Route 227 Corridor Improvements project, if funding is not reallocated at the February, 1997 SLOCOG meeting, and 2. Direct the Mayor to sign the letter addressed to SLOCOG. Steve Devencenzi, SLOCOG staff member; Otis Page, 606 Myrtle; Fourth District Supervisor Ruth Brackett, and Mike Titus, 404 Uerly lane, spoke to the Council on this matter. Council Member Fuller proposed a fourth option, which he called Option -D.-He proposed including the studying of an EI Campoll-ighway 101 interchange, a regional issue, as it relates to the Traffic Way Extension and/or Halcyon Road. Mr. Hunt said Supervisor Brackett. also is interested in seeing progress on EI Campo. He said under Council Member Fullers proposal the City would be willing to put up $160,000 toward moving the EI Campo project forward. It was moved by FullerlLady and the motion passed unanimously to approve Council Member Fullers Option -0;- support staff's recommendations on Oak Park Widening Goint project with the City of Grover Beach), Bikeway Project One (Paulding School Bike lanes), and Creekside Pedestrian Path; and direct the Mayor to sign the letter to SLOCOG as soon as possible. 8 . .26.8 ' ., CITY COUNCIL MINUTES JANUARY 28, 1997 IT WAS MOVED BY RUNElS/l-ADY AND THE MOTION PASSED UNANIMOUSL Y TO CONTINUE AGENDA ITEM 10.0. TO THE NEXT COUNCIL MEETING: HEAR I . ITEMS to.C_ 10.E.. 11.8_ 11.C.. AND 11.D_ AND EXTEND THE MEETING TO 12:30 . A.M. 10.C. URBAN STATE HIGHWAY ACCOUNT (SHA) PROGRAM OF PROJECTS Public Works Directot Wallace said since the original programming of the Citts $383,358 six year allocation of Urban SHA funds all to the Route 227 Corridor, there has been a need to reallocate some of the funds to other active projects in the City. He said Projects AG-QS and AG-oG are new projects and staff is seeking approval for the additional reallocation of funds. Mr. Devencenzi of SLOCOG spoke to the Council regarding programming options. It was moved by RunelslFuller and the motion passed unanimously: to adopt staff recommendations, as follows: 1. Adopt the revised Urban State Highway Account (SHA) program of projects, ~nd 2. Direct staff to forward a letter to the SLOCOG. 10.E. STATUS REPORT - UTlLITYBIlJ.ING RENTER DEPOSITS . City Manager Hunt said staff recommended the Council retain the current utility billing renter deposit program. It was moved by LadylRuneis and the motion passed unanimously to approve the staff recommendation and return to the Council in six months, if there are any problems. COUNCIL MEMBERS CONTINUED THEtR DISCUSSION OF AGENDA ITEM 7.8.. AN . APPEAL OF PlANNING COMMISSION APPROVAL OF TENTATIVE TRACT NO. 2207 Council Member Runels said he may have a conflict of interest on this matter and left the dais. City Attorney Carmel referred to the Permit Stream ling Act that allows the Tract 2207 I developer an extension of 90 days on the project. Mr. Dawlett said he would agree to a 90-day extension. Mr. Dawlett said he had learned there may be some SLOCOG funds available for road work and he wanted to meet with that organization., He also said the Environmental 9 ~ 2o~ . . CITY COUNCIL MINUTES JANUARY 28, 1997 Impact Report on the adjacent County Tract 1789 would be ready in 45 to 60 days I and it would help the City understand his efforts to tie the projects together. He said he would meet with neighboring property owners and school district representatives again. It was moved by Lady/Fuller and the motion was unanimously approved to accept the applicant's request for a 9o-day extension. Council Member Runels retumed to the dais. 11.A. PRE-APPLICATION REVIEW OF ARROYO LINDA CROSSROADS (FREDERICK RANCH) ANNEXATION AND PRE-ZONING. GENERAL PLAN AMENDMENT AND SPECIFIC PLAN Community Development Director Liberto-Blanck said staff recommended the Council provide input on the pre-application review. She said the Arroyo Unda Crossroads project includes 107 acres of property within the existing City limits designated for rural residential development and 180 acres located in the County. She said the Local Agency Formation Commission approved a Sphere of Influence amendment to include the 180 acre Frederick Ranch property at the south-east City boundary to allow the City to consider annexation of the area. She said the Architectural Advisory Committee and the. Planning Commission had reviewed the project and made comments on it. Mike Frederick, president of ALC Management Corporation, partner of Arroyo Linda Crossroads, and Erik Justesen, RRM Design Group representing Arroyo Linda Crossroads, showed maps and discussed development plans. Council Members made comments on keeping grading to a minimum next to the freeway, soMng drainage problems, including light industrial in the Office Professional . district, having a -healthy mix" of uses in the project, keeping the rural character~ and using green areas as buffers. . Dick Franks, 879 Fair Oaks Avenue, and Mr. Page spoke to the Council on the I project. IT WAS MOVED BY LADYfRUNELS AND THE MOTION WAS UNANIMOUSLY APPROVED TO EXTEND THE MEETING TO 12:45 A.M 11.8. 1995-96 ANNUAL FINANCIAL REPORT (AUD{T) City Manager Hunt said the auditing firm of Vavrinek, Trine, Day, and Co. had 10 .~' . .27..0 . - CITY COUNCIL MINUTES JANUARY 28, 1997 reviewed the City's financial records and procedures and made recommendations where improvement was needed. He said staff will address the recommendations I made by the auditors in the next several montt\s. He said several of the critical items have been addressed and were included in the fY 1996197 First Quarter Budget Report. It was moved by RuneJslLady and the motion was approved unanimously to receive and file the General Rnancial Audit Report for the fiscal year ended June 30, 1996. 11.C.lEASE PURCHASE OF CAPITAL EQUIPMENT City Manager Hunt said the terms of the lease purchase program include a 5.35 annual percentage rate and the C1ty earnings on Local Agency Investment Funds are currently 5.6 percent. He said staff recommended: . 1. Adoption of a resolution executing a contract with Municipal Leasing Associates, Inc. to finance the lease purchase of a Vactor truck for Public Works, a pick-up truck for Parks, and a motorcycle for Police, . and 2. Approval at lease purchasing as the financing method for the pfanned computer system. It was moved by FullerlRunels (5~ with Fuller, Runels, Tolley, Lady, and Dougall voting aye) to adopt Resolution 3197 Authorizing Lease Agreement, Signatories, and Notice of Intent to be Reimbursed. 11.D. APPROVAL TO PURCHASE POUCE MOTORCYCLE Mr. Hunt said staff recommended the Council approve the purchase of a 1996 Kawasaki KZioo0 Pi5 PoUce Motorcycle tor $11,428. It was moved by RunelslFuller and the motion passed unanimously to approve the staff recommendation. 12. COUNCIUAGENCY COMMUNICATIONS There was Council consensus to direct staff to look at aU options concerning Rancho I Grande Park. 13. STAFF COMMUNICATIONS None. . 11 ~ <-, Z/.L " . . CITY COUNCIL MINUTES JANUARY 28, 1997 14. ADJOURNMENT It was moved by T olleyJRunels and the motion passed unanimously to adjourn the meeting at 12:39 a.m. ATTEST: 11~(l. ~ NANCY A. D IS, CITY CLERK 0, 12