Minutes 1997-04-22 SP
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MINUTES
SPECIAL AND REGULAR MEETINGS
OF THE ARROYO GRANDE CITY COUNCIL/REDEVELOPMENT AGENCY
AND ARROYO GRANDE PLANNING COMMISSION
TUESDAY, APRIL 22, 1997
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
SPECIAL CITY COUNCIL MEETING
Mayor A. K. "Pete~ Dougalt; Mayor Pro Tern Michae~ Lady; Counci~ 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. PUBLIC COMMENT on Special Meeting Agenda Items.
No one came forward to speak.
2. CITY COUNCIL CLOSED SESSION .
(a) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6.
Agency Negotiator: Robert L. Hunt, City Manager
Represented Units: Service Employees' International Union (S.E.I.U.)
Local 620; Arroyo Grande Police Officers
Association; and Unrepresented Employees
(b) 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: Robert L. Hunt, City Manager
Under Negotiation: Price and terms of payment.
(c) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section 54956.9
(a) involving two (2) potential cases.
(d) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section
54958.9(b) involving one (1) potential case.
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CITY COUNCIL MINUTES
APRIL 22, 1997
3. REDEVELOPMENT AGENCY 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.
4. RECONVENE TO OPEN SESSION:
REGULAR CITY COUNCIL/REDEVELOPMENT 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 DougaU presiding.
Mayor/Chair Dougall said the City has agreed to accept the offer from the Brush
Poppers Riding Club, Inc., to purchase the property (Lots 125 and 131 of the Rancho
Corral de Piedra, Volume 116, Page 435 of Official Records of San Luis Obispo
County - Assessor's Parcel No. 075-311-013) for a purchase price of $100,000 all
cash, closing within 30 days, subject to preparation of an agreement containing all
additional terms and conditions of the proposed purchase and sale, satisfactory to
both parties. He said the vote was 5 to 0 in favor of accepting the Brush Poppers'
offer. He said there was nothing reportable on the other Closed Session items.
Mayor/Chair Dougall read the following statement into the Official Record:
"Several months ago, the City of Arroyo Grande and the Arroyo Grande
Redevelopment Agency began the formal process for the consideration of a
Redevelopment Project Area and Redevelopment Plan for certain areas within the
City, as well as a small area adjacent to the City under County jurisdiction. As part of
its process, the City has sought comment from members of the public, as well as from
other governmental agencies, such as school districts, and the- County of San Luis
Obispo. For the most part, the efforts to put in place a Redevelopment Program have
met with support by the public. The School District has also expressed its support.
"Over the past several weeks, however, the County indicated that it would oppose the
establishment of a Redevelopment Project Area in Arroyo Grande unless the
boundaries of the proposed project area were reduced. The opposition would have
included expensive litigation, with the County recently hiring outside counsel for the
handling of such a lawsuit. After numerous discussions in recent weeks with County
representatives, a proposed settlement has been achieved.
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CITY COUNCIL MINUTES
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"Under the terms of the settlement, the County and related agenc1es will not oppose
the Redevelopment Project; the City and the Redevelopment Agency win remove
certain territory from the project area,aH as. specified under a Settlement Agreement.
liThe removal of selected areas is not something that the City is eager to do.
However, litigation would be costly. We met earlier today in Closed Session with legal
counsel and reviewed the proposed Settlement Agreement. Boned down to its
essence, the Settlement Agreement reduces the Redevelopment Project Area from 21
percent to 14 percent of the City. The Settlement Agreement win be addressed under
Agenda Item 11.C., which I hope the Council will take up immediately following the
Planning Commission meeting..
2. FLAG SALUTE AND INVOCATION
Dan Walker of the Arroyo Grande Uons Club led the Pledge of Allegiance to our Flag.
The Rev. Luanne Griguolt of Nipomo Community Presbyterian Church delivered the
invocation.
4. ROLL CALL
Present with Mayor/Chair Dougall were CouncillBoard Members Fuller, Runels, Tolley,
and Mayor Pro TemNice Chair lady. 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, Assistant Public Works Director
Craig Campbell, Director of Parks and Recreation John Keisler, and Police Community
Service Officer Sherri Heath.
The City Council recessed at 7:37 p.m. in order for the Planning Commission to
meet on a Redevelopment Agency matter.
SPECIAL PLANNING COMMISSION MEETING
The Planning Commission of the City of Arroyo Grande met in a special session at
7:38 p.m., with Chair Sandy Lubin presiding.
ROLL CALL
Present with Chair Lubin were Vice Chair Del Haney and Commissioners. Lawrence
Greene, Dan O'DonneU, and Fran Rondeau.
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CITY COUNCIL MINUTES
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1. PUBLIC COMMENT
None.
2. NON-PUBLIC HEARING ITEM - CITY OF ARROYO GRANDE REDEVELOPMENT
AGENCY - AMENDING THE REDEVELOPMENT AGENCY'S PROJECT AREA
Planning Commissioner OIDonneH said he had a potential conflict of interest on this
matter and left the dais.
Executive Director Hunt explained the purpose of the meeting was to discuss and
adopt a resolution approving the amended Redevelopment Agency's Project Area.
Commissioner Haney asked the amount of the original tax increment, and Executive
Director Hunt said it was $65 million over the 30 year life of the plan. Commissioner
Haney asked for a rough estimate ofthe range the Agency is working with now, and
Executive Director Hunt said $35 to $45 million over the same period of time.
Chair Lubin asked if in delineating the project area in Exhibits A and B of the proposed
resolution, the Commission had the assurance that the Agency met all legal
requirements in setting the boundaries. Mr. Hunt said the Commission had that
assurance.
It was moved by Greene/Haney (4-0-1, with Greene, Haney, Rondeau, and Lubin
voting aye, and O'Donnell abstaining) to adopt Planning Commission Resolution No.
97 -1616 Modifying Project Area Boundaries and Finding That the Redevelopment Plan
Prepared for the Proposed Arroyo Grande Redevelopment Project Conforms to the
Arroyo Grande General Plan and Related Matters Concerning Project Area
Boundaries.
Commissioner OIDonnell returned to the dais.
3. PLANNING COMMISSION/COMMUNITY DEVELOPMENT DIRECTOR COMMENTS
None
4. WRITTEN COMMUNICATIONS
None
5. ADJOURNMENT
It was moved by Greene/Haney and the. motion passed unanimously to adjourn the
Planning Commission meeting at 7:43 p.m.
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CITY COUNCIL MINUTES
APRIL 22~ 1997
CITY COUNCll/REDEVELOPMENT AGENCY MEETING RECONVENED
The City Council reconvened at 7:45 p.m.
11. C. STATUS REPORT ON DISCUSSIONS WITH SAN LUIS OBISPO COUNTY
REPRESENTATIVES REGARDING 'REDEVELOPMENT AGENCY'SPROPOSED
PROJECT AREA - CONSIDERATIONtAC1JON ON SETTLEMENT AGREEMENT AND
BOUNDARY CHANGES
Council/Board Members Runels and Tolley said they had potential conflicts of interest
in- this. matter and left the dais.
City Manager/Executive Director Hunt said staff recommended the City and the
Agency adopt resolutions approving the reduction of the project area. He noted that
the reduced project area map shows that the Frederick property is outside or has
been removed. He said the deletion list showing those parcels as having been
removed had been checked and was acceptable.
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. 3221 of the City Council of the
City of Arroyo Grande Approving the Modification of Project Area Boundaries and
Approving Settlement Agreement with the County of San Luis Obispo and Related
Entities.
It was moved by Fuller/Lady (3-0-2, with Fuller, Lady, and Dougall voting aye and
Runels and Tolley abstaining) to adopt Redevelopment Agency Resolution No. 97-11
Approving the Modification of Project Area Boundaries and Approving a Settlement
Agreement with the County of San Luis Obispo and Related Entities.
Council/Board Members Runels and Tolley returned to the dais.
5. SPECIAL PRESENTATIONS
(a) An Arbor Day Proclamation was accepted by Parks and Recreation Director
Keisler.
(b) A Bicycle Safety Month Proclamation was accepted by Police Community Services
Officer Heath.
(c) A National Tourism Week Proclamation was accepted by Robin Smith of San Luis
Obispo County Visitors Bureau.
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CITY COUNCil MINUTES
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6. AGENDA REVIEW .
Mr. Hunt said supplemental information had been distributed to the Council on Agenda
Item l.b.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y
It was moved by Lady/Runels and the motion passed unanimously that aU resolutions
and ordinances presented at the meeting be read in tiUe only and aU further reading
be waived.
7.A. CENTRAL COAST TOWN CENTER APPEAL - CONTiNUANCE REQUESTED
Council Member Tolley said he had a potential confJict of interest in this. matter and
left the dais.
City Manager Hunt said the appellants had requested the appeal be continued to May
13, 1997.
Counci4 Members said they would like to direct staff to come back with more
information on the estimated traffic figures, the amount of Traffic Mitigation Fees paid,
the economic advantages or disadvantages of the project to the City, and whether or
not a supplemental Environmental Impact Report needed to be prepared.
The City Attorney said that direction was not actionable at this meeting, which was to
deal with just the approved 128,000 square foot floor plan and garden area.
It was moved by Runels/Fuller and the motion passed unanimously to grant the
continuance to May 13, 1997.
Council Member Tolley returned to the dais.
7.8. CONTINUED APPEAL OF PLANNING COMMISSION APPROVAL: TENTATIVE
TRACT MAP 2207: CONDITIONAL USE PERMIT CASE NO. 96-543 (P .U.D. PERMIT)
AND ASSOCIATED REVIEW
Council Member Runels said' he had a potentiat conflict of interest on this matter and
left the dais.
The Community Development Director said staff recommends Council adopt a
resolution denying the appeal and upholding the Planning Commission's approval of
the project. She said a supplemental report on this agenda item had been distributed
to the Council as well as a memorandum on the Tract 2207 collector road. She said
on January 28, 1997, the City Council considered an appeal filed by Herman and
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Helen Olave of the Planning Commission approval of 38 clustered single family
residential lots and two open space lots with primary access through an extension of
Orchard Street. She said the appeal identified traffic issues as its basis. She said the
applicant agreed to continue the appeal until April 22nd so an attempt could be made
to resolve the concerns identified in the appeal.
Ms. Liberto-Blanck said Jim Biega, traffic engineer for Willdan Associates, was present
to make a presentation.
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.
The appellant Herman Olave of 222 West Cherry Avenue referred to photos prepared
for the Council and explained the reasons for the appeal. He listed traffic issues that
he said made Orchard Street not suitable for access to the new development. Others
speaking in favor of upholding the appeal were Jan Hattery, 202 West Cherry Avenue;
John Belsher, attorney for the Falcon Ridge Homeowners Association; Kelly Kimball,
270 Pleasant Lane; Cathy Sherwin, 210 West Cherry Avenue, and Jane Line, 265
Pleasant Lane.
Speaking against upholding the appeal were Haythem Dawlett, the developer of Tract
2207; Jim Garing, Garing Taylor and Associates, engineer for the project, and Dick
Franks, 879 Fairoaks Avenue.
Other speakers were Mr. Biega, who referred to his Tract 2207 Supplemental Traffic
Analyses; Scott Lathrop, an official with Lucia Mar Unified School District; Assistant
Public Works Director Campbell, and Otis Page, 606 Myrtle Street.
There being no further public discussion on the matter, Mayor Dougall closed the
hearing to the floor.
Mayor Pro Tern Lady said he would vote to uphold the appeal based on the traffic
impact on the neighborhoods.
Council Members Tolley and Fuller and Mayor Dougan said traffic problems can be
mitigated, the best option for access at this time was Orchard Street, and they would
vote to deny the appeal.
It was moved by Fullerffolley (3-1-1, with Fuller, Tolley, and Dougall voting aye; Lady
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voting no, and Runels abstaining) to adopt Resolution No.3218 (as amended) Denying
the Appeal of the Planning Commission's Approval of Tentative Tract Map No. 2207
and Conditional Use Permit 96-543 (P.U.D. Permit) and Associated Architectural
Review.
Documents were received at the Council meeting from Mr. Belsher; Henry Case, P.E.,
San Luis Obispo, and Ms. Line.
Council Member Runels returned to the dais.
8. PUBLIC COMMENT PERIOD
Tom Talbert and Kirk Scott of the Citizens Committee for Responsible Development
and Howard Mankins, 200 Hiflcrest Drive, discussed their objections to the
development of the Central Coast Town Center. Mr. Talbert said the citizens' group
had met with the developers, who had made no concessions. He said more traffic
problems would be created and there would be little economic benefit to the City. Mr.
Mankins and Mr. Scott urged the Council to return the project to the Planning
Commission to review the traffic issues and assess the economic benefit to the City.
9. CONSENT AGENDA
It was moved by FullerlRunels and the motion passed unanimously to approve
Consent Agenda Items 9.a. and 9.c. through 9.g., with the recommended courses of
action.
9.a. Cash Disbursements. Approved.
9.c. Authorization to Solicit Bids for the Purchase of a Flat Bed Dump Truck.
Approved.
9.d. Authorization to Solicit Bids for the Purchase of a New Front End Loader.
Approved.
9.e. Award of Bid for a Mobile Herbicide Sprayer. Awarded to low bidder Pioneer
Equipment Company.
9.1. Permission to Begin Rough Grading Prior to Recordation of the Final Map - Tract
1834, Phase 3. Staff recommendations approved.
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9.g. Amendment to Resolution 3197. Council adopted Resolution No. 3219 Amending
Resolution No. 3197 (Lease Purchase Financing - Expand Scope to Include Front End
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Loader).
It was moved by Lady/Fuller and the motion passed unanimously to approve Consent
Agenda Item 9.b., with the recommended course of action.
9.b. Authorization to Solicit Bids - Grand Avenue, Halcyon Road to Barnett Street,
Project No. 60-70-90-96-7. Mayor Dougall listed what this project would include, as
follows:
1. Reconstruction of the existing pavement on Grand Avenue between Halcyon Road
and Barnett Street. This project does not propose widening of the existing roadway.
2. Spot repair of curb, gutter, sidewalk, and drainage cross gutters. No new storm
drains will be constructed.
3. Replacement of the Citts water main and service lines to all businesses between
Halcyon Road and Barnett Street. Six new fire hydrants will be installed to improve
fire flow.
4. Replacement of the City's sewer main and service lines to all businesses between
Halcyon Road and Barnett Street.
5. Providing conduit and other facilities necessary to underground existing overhead
utilities and possible additional conduit to accommodate future fiber optic cable.
10.A. GENERAL PLAN UPDATE - REJECTION OF PROPOSALS/AUTHORIZATION
TO RESOLlClT
Community Development Director liberto-BlaflCk -said staff recommended the City
CouncU reject aft proposals, revise the Request for Proposals; and distribute the RFP
to more consulting firms.
It was moved by Tolley/Runels and the motion passed unanimously to approve staff
recommendation.
11.A. AMENDING PERMIT FEES FOR FIREWORKS
Director of Building and Fire Fibicl1-said staff recommended the Council adopt a
resoluUon- amending' permit fees for fireworks sales stands. He said a decrease in the
1997 fireworks fees from $1,130 per permit to $590 per permit is justified after
studying actual costs associated with fire protection costs in 1996 for this event, as
well as the projected levels of protection for 1997's event.
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Council Member Runels asked if the groups which ran the stands last year would be
"grandfatheredq in for this year, and City Manager Hunt said the current structure
allows for no ugrandfathering. n He said it could be changed. Mayor Dougall said
selection is based on one stand for every 3,000 City residents.
It was moved by Lady/Fuller (5-0-0, with Lady, Fuller, Tolley, Runels, and Dougall
voting aye) to adopt Resolution No. 3220 Establishing Fees and Conditions for the
Granting of Permits for the Sale of Safe and Sane Fireworks.
11.8. CASH FLOW ANALYSIS/APPROVAL OF INTERFUND ADVANCE FROM THE
SEWER FACILITY FUND
Finance Director Snodgrass said staff recommended the Council:
1. Authorize the issuance of monthly cash reports to the City Council.
2. Approve the use of interfund advances during periods of cash shortages.
3. Approve the interfund advance of $301,078 from the Sewer Facility Fund to cover
cash deficits in other funds as of February 28, 1997.
Ms. Snodgrass said in the past the City Council was not routinely made aware of
funds with negative cash balances. She said as an information tool for the City
Council, it was proposed that a report be issued after the monthly close of the books.
She said the report will list the cash in each fund, the total City cash, and any
proposed interfund advances.
It was moved by Runels/Lady and the motion passed unanimously to approve the staff
recommendations.
12. CITY COUNCIL REPORTS
(a) Mayor DougaU reported on the South San Luis Obispo County SanitationDistrict
and said operations were running smoothly; on the loca~ Agency Formation
Commission and said he had attended a meeting and just listened to the proceedings,
and on the Economic Development Committee, which he said was not up and running
as yet.
(b) Mayor Pro Tem Lady reported on the South County Area Transit and said the use
of trolleys was reviewed; on the San Luis Obispo Council of Governments and said
funds were approved for the EJ Campo interchange and bike lanes discussed; on the
San Luis Obispo Regional Transit Authority and said a San Luis Obispo multi-module
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facility was approved in concept.
(c) Council Member Fuller reported on the Integrated Waste Management Authority
Board and said there was no meeting; on the Air Pollution Control Board and said the
UNOCAL on contamination of Avila Beach was discussed, and on the Rubbish Rate
Increase Committee and said there was no meeting.
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(d) Council Member Runels reported on the Zone 3 Water Advisory Committee and
said water is still being released from Lopez Dam and there are three more feet of
water to release, and on the County Water Resources Advisory Committee and said
there was no meeting.
(e) Council Member Tolley reported on the Long-Range Planning Committee and said
there was no meeting; on the South County Youth Coalition and said a Youth Master
Plan and steering committee were being formulated; on the Community Agriculture
Support Program and said there was nothing new, and on the Mobile Home Rent
Review Board and said there was no meeting.
13. COUNCIL{AGENCY COMMUNICATIONS -
(a) Council Member Lady said now that it is known what main store has been
proposed for the Central Coast Town Center, there is a need for information on the
economic benefit to the City; how the traffic will impact the City, and the possible need
for a suppl~mental Environmental Impact Report.
Mr. Hunt said, without spending money on new studies at this point, staff would
provide the Council with as much infor.mation as possible for the May 13th Councif
meeting. There was Council consensus that this be done.
(b) Council Member Tolley said it has been suggested that the name of Traffic Way
being changed to a name that would more reflect the Village theme. He said the
change could be accomplished over a period of time. There was Council consensus
to direct staff to send out letters to business owners for input and asking whether
there should be a name change or not, what the name should be changed to, and
how the change should be accomplished.
14. STAFF COMMUNICATIONS
None
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15. ADJOURNMENT
It was moved by RunelsfToUey and the motion passed unanimously to adjoum the
meeting- at 10:15 p.m.
A. K. "PETE" DOUGALL, AY R
CITY COUNCIL
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c : ' I
" SANDY L~~rR
PLANNING MiSSION
ATTEST: 'i1 ~'1::f1Jv/J.. ~
NANCY A., VIS, CJ.TY CLERK
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