Minutes 1997-05-27
SPECIAL AND REGULAR MEETING
OF THE ARROYO GRANDE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, MAY 27, 1997
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
SPECIAL CITY COUNCIL MEETING
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 6:45 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 LEGAL COUNSEL - Anticipated Litigation
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) involving one (1) potential case.
(b) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6:
Agency Negotiator: Robert L. Hunt, City Manager
Unrepresented Workers: Volunteer Fire Fighters
3. 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 Dougall presiding. He
said nothing reportable occurred at the Closed Session.
2. FLAG SALUTE AND INVOCATION
Leslie Britton and Mark Lacouague of the Arroyo Grande Police Department Explorer
Post led the Flag Salute. The Rev. Dr. Jan Armstrong of Arroyo Grande Five Cities
Presbyterian Church delivered the invocation.
3. ROLL CALL
Present with Mayor/Chair Dougall were Mayor Pro TemNice Chair Lady and
Council/Board Members Fuller, Runels, and Tolley. Staff members present were City
Manager/Executive Director Hunt, City Attorney/Counsel Carmel, City Clerk/Secretary
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Nancy Davis, Community Development Director/Assistant Executive Director Doreen
Liberto-Blanck; Public Works Director John Wallace, and Finance Director Lynda
Snodgrass.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
Mr. Hunt said late correspondence from the Chamber of Commerce on Agenda Item
7.B. had been distributed to the Council.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y
It was moved by Lady/Runels 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. CITY/AGENCY PUBLIC HEARING - CONDITIONAL USE PERMIT 97-554
(HARRER)
Community Development Director Liberto-Blanck said the Planning Commission,
Architectural Advisory Committee, and Staff Advisory Committee recommended the
City Council adopt a resolution approving the conditional use permit subject to the
conditions of approval.
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.
Kevin Hunstad, 743 Scenic Circle, said he represented the applicant and would
answer any questions.
There being no further public discussion on the ma~er, Mayor Dougall closed the
hearing to the floor.
It was moved by FullerfTolley (5-0-0, with Fuller, Tolley, Lady, Runels, and Dougall
voting aye) to adopt Resolution No. 3229 Adopting a Negative Declaration, Instructing
the City Clerk to File a Notice of Determination, and Approving Conditional Use Permit
Case No. 97-554, at 769 Avenida De Diamante; Applied for by Bill Harrer.
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7.B. CONTINUED JOINT PUBLIC HEARING ON THE PROPOSED ADOPTION OF
THE CITY OF ARROYO GRANDE'S REDEVELOPMENT PLAN
Council/Board Members Runels and Tolley said they had potential conflicts of interest
on this matter and left the dais.
City Manager/Executive Director Hunt said staff recommended the Council/Board
follow the Procedure Outline to adopt the City of Arroyo Grande's Redevelopment
Agency's Project Area.
Mayor/Chair Dougall said this was a continuation of the May 13, 1997 Joint Public
Hearing, when public testimony was received, the hearing was closed, and continued
to this date and time for the limited purpose of responding to written objections. He
said staff had prepared written response to written objections received prior to May
13th and provided proposed responses to the Council for consideration.
Mr. Hunt reintroduced Jon Huffman of Urban Futures and Mark Huebsch of Stradling,
Vocca, Carlson & Rauth. He said enclosed in the Council packets was a resolution
dealing with the responses to the written objections and a revision to the Agency
action plan Section 403 addressing the fact that the agency could acquire real
property except it could not use eminent domain. He said since May 13th he had
received a telephone call from Howard Mankins concerning Page 37 of the plan which
was included in the packet. He said Mr. Larry Garner picked up a copy of the project
area map, and Mr. LeBrun sent a letter asking that his opposition be changed to
"other." Mr. Hunt said because the plan is a 3D-year program, the proposed activities
are admittedly broad brush to ensure there is not a need to amend the Plan to add a
particular program or activity. He said staff included in the packet a five~year Capital
Improvement Plan for illustrative purposes only. He said language was added to the
Staff Report, which became part of the public hearing, stating the agency cannot
compel any property owner to participate in any agency activities. He said staff
recommended the elimination of the use of eminent domain within the project area.
Mr. Hunt said the agency was completely benign to all property and property owners
within the project area because (1) it cannot raise taxes, (2) it cannot change zoning,
(3) it cannot change development standards, (4) it cannot mandate participation in
agency activities, and, if staff's recommendation was approved, (5) it cannot take
property by eminent domain. He said the Agency was not benign to the City because
(1) it holds the potential of returning some $46 million to the City over the next 30
years and (2) it holds the very real potential of providing needed and aesthetic
improvements to the City that would be difficult, if not impossible, to achieve if not for
the Agency's participation. He said staff recommended the adoption of the resolutions
in the staff report and introduction of the ordinance for first reading.
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Mayor/Chair Dougall said the written responses of staff to the written objections
received by the City/Agency were included in the record of this hearing. He called for
questions from the Council/Board.
Council/Board Member Fuller asked a series of questions about how the Arroyo
Grande Redevelopment Agency would function and Mr. Hunt and Mr. Huebsch
responded.
Mayor/Chair Dougall said the Agency would consider the Final Environmental Impact
Report on the Redevelopment Plan for the Arroyo Grande Redevelopment Project
Area. He read the title of the resolution certifying the final EIR for the project. It was
moved by Mayor Pro TemNice Chair Lady and seconded by Council/Board Member
Fuller to approve the resolution certifying to the completion of the final EIR for the
plan.
Council/Board Member Fuller said some wording in an attachment to Mr. Hunt's staff
report concerned him and he would withdraw his second to the motion in order to
discuss deletion of the wording. He said the words in parentheses in the fourth
sentence of the third paragraph on Page 37 of the Report to Council should be
deleted as follows:
lilt has now been abandoned; however, it is clear from the land uses overlying the
former landfill (recreational 'y'ehicle storage, storage of rental vehicles, landscaper's
yard} that the existence of this landfill devalues impacts land values.I'
It was the consensus of the Council/Board to strike the words as noted in the previous
paragraph and Mr. Hunt said that would be done.
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. RDA-14 Certifying the
Completion of a Final Environmental Impact Report for the Redevelopment Plan for
the Arroyo Grande Redevelopment Project.
Mayor/Chair Dougall said the proceedings for the Redevelopment Agency were
concluded. He said the City Council would consider and act on matters before it
relating to the proposed Redevelopment Project. He read the title of a resolution
overruling objections to the Redevelopment Plan.
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. 3230 Responding to Objections,
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Making Findings in Connection Therewith, and Overruling Oral and Written Objections
to the Redevelopment Plan for the Arroyo Grande Redevelopment Project.
Mayor/Chair Dougall read the title of a resolution certifying the Final EIR on the
Redevelopment Plan.
It was moved by Fuller/Lady (3-0-2, with Fuller, Lady, and Dougall voting aye and
Runels and Tolley abstaining) to adopt Resolution No. 3231 Certifying the Completion
of a Final Environmental Impact Report for the Redevelopment Plan for the Arroyo
Grande Redevelopment Project.
Mayor/Chair Dougall said the Council would consider an ordinance approving and
adopting the Redevelopment Plan for the Project Area. He said the ordinance would
approve the form of the Redevelopment Plan, which does not include the power of
eminent domain. He read the title of the ordinance.
It was moved by Lady/Fuller (3-0-2, with Lady, Fuller, and Dougall voting aye and
Runels and Tolley abstaining) to approve the first reading of Ordinance No. 487 C.S.
Approving and Adopting the Redevelopment Plan for the Arroyo Grande
Redevelopment Project.
Council/Board Member Fuller asked that the business cards of Mr. Huffman of Urban
Futures and Mr. Huebsch of Stradling, Vocca, Carlson & Rauth be made available to
the public.
Council/Board Members Runels and Tolley returned to the dais.
8. PUBLIC COMMENT PERIOD
Bill Vanderheyden of 308 Longden Drive requested information on how the members
of the Senior Advisory Commission were selected and Mayor Dougall said he would
explain the process at the conclusion of the meeting.
Marie Cattoir of 195 Orchid Lane said she thought the Redevelopment discussion
would be open to the public. She said too few citizens participated in the
Redevelopment process. She said it was disturbing that only three members of the
Council were voting on Redevelopment. She the County entities other than the cities
would most likely raise taxes because funds were being taken away from them for
Redevelopment.
Fred Flannell of 550 Via Vaquero said he thought a public hearing probably could not
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MAY 27, 1997
be closed before a document such as an EIR is finalized.
Lori Rai of 501 Ide Street said activities at the the house at 513 Ide Street was
creating a nuisance for the neighborhood and asked the City to work on the problem.
9. CONSENT AGENDA
It was moved by Mayor Pro TemNice Chair Lady and seconded by Council/Board
Member Fuller and the motion passed with Lady, Fuller, Tolley, and Dougall voting
aye on Items 9.a. through 9.n., and Runels voting aye on Items 9.a.,9.c. through 9.n.,
and abstaining on 9.b. The Items were passed with the recommended courses of
actions.
9.a. Cash Disbursements Ratification. Approved.
9.b. City Council Minutes of March 11th, 25th, and April 3rd; City Council/Agency
Minutes of April 8th, April 22nd, and May 13th; and Special City Council Meeting
Minutes of March 4th. Approved.
9.c. Rejection of Claim Against the City - Moore. Claim rejected.
9.d. Cash Flow Analysis/Approval of Interfund Advance From the Sewer Facility Fund.
Staff recommendations approved.
9.e. 1997-98 Appropriation Limit. Council adopted Resolution No. 3232 Adopting a
Tax Proceeds Expenditure Appropriation Limit for Fiscal Year 1997-1998.
9.t. Authorization to Use Elm Street Park for the Stone Soup Festival and Family Day
in the Park on September 21, 1997. Council adopted Resolution No. 3233 Authorizing
the Use of Elm Street Park for the Stone Soup Festival and Family Day in the Park.
9.g. Recommendation to Award Copier Bid to Superior Office Systems. Approved.
9.h. Authorization to Award Bid for the Purchase of Pesticide. Staff recommendations
approved.
9.L Bridge, Nelson, and Short Streets Project No. 60-70-90-05 Notice of Substantial
Completion. Staff directed to file notice.
9.j. Opticom Devices, Project No. 90-96-6 Payment to Lee Wilson Electric Company.
Staff recommendation approved.
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9.k. Authorization to Issue Requests for Proposals; EI Campo Road/Route 101
Interchange and Brisco Road/Route 101 Interchange. Distribution of RFPs authorized.
9.1. Amendment to Contract With John L. Wallace and Associates. Approved.
9.m. Don Roberts Field, Project No. 80-96-05, Progress Payment NO.3 to A. J. Diani
Construction Co., Inc. Progress payment authorized.
9.n. Reservoir NO.2 Recoating Project No. 60-97-1, Progress Payment NO.1 to
American Coatings and Contract Change Order NO.1. Progress payment authorized
and contract change approved.
10.A. PRELIMINARY DRAFf OF AN ORDINANCE AMENDING THE MUNICIPAL
CODE AND ESTABLISHING A SYSTEM OF MOBilE HOME RENT CONTROL
City Attorney Carmel said staff recommended the Council approve for distribution to
interested parties a preliminary draft ordinance repealing and replacing the Mobile
Home Rent Control section of the Municipal Code. He said staff hopes to have initial
comments back from the public by July 11 th and then the Council can, if deemed
necessary, set up workshops to address community concerns and proceed to refine
and adopt the ordinance.
There was Council consensus to approve the distribution of the draft ordinance to the
public.
Speaking about the draft ordinance (particularly the part that would make resident-
owned parks exempt from rent control) were, Ed Otto, 311 Sunrise Drive; Bill
Vanderheyden, 308 Longden Drive; Ted Hyatt, 800 Glenoaks Drive; Phillip McQuown,
288 Sunrise Terrace Drive; Gail Lightfoot, 849 Mesa Drive, and AI Damian, 266
Longden Drive.
11.A. AUTHORIZATION TO SOLICIT BIDS FOR A CONTRACT FOR STREET
SWEEPING SERVICES
Public Works Director Wallace said staff recommended the Council authorize the
solicitation of bids for a new Street Sweeping Contract. He said estimated cost for a
new contract is expected to range from $56,000 to $60,500 for FY 1997-98. He said
the Daystar Industries contract with the City expires June 30th. He referred to a staff
analysis comparing contract services versus purchasing a street sweeper and
preforming street sweeping "in house."
There were Council questions and comments concerning improving the service. Mr.
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MAY 27,1997
Hunt said after the bids are opened Council will have options to consider before
making a decision.
It was moved by Runels/Fuller and the motion passed unanimously to authorize the
solicitation of bids for a new Street Sweeping Contract.
11.B. FISCAL YEAR 1996-97 THIRD QUARTER BUDGET STATUS REPORT
Finance Director Snodgrass said staff recommended the Council approve the budget
adjustments and recommendations included in the Third Quarter Status Report. She
said the purpose of the Third Quarter Budget Review is (1) Conduct a review of all
City funds to recommend budgetary changes to address known budget deficiencies,
(2) Identify budget changes which materially impact fund balances, and (3) Comment
on the significant budget trends that will impact financial planning. She listed the
goals of the Finance Department in connection with the budget and summarized the
key third quarter points.
It was moved by Runels/Fuller and the motion passed unanimously to approve
Schedules A - Unreserved Fund Balance-Control, B - Recommended Adjustments, C -
Adjustments to Fund Balance, D - Unreserved Fund Balance-Third Quarter Changes,
and E - Third Quarter Interim Financial Reports, included in the Third Quarter Budget
Status report that summarized budget adjustments.
12. CITY COUNCIL REPORTS
(a) Mayor Dougall
(1) South San Luis Obispo County Sanitation District - the Board is working
on the budget for the next fiscal year.
(2) Local Agency Formation Commission - no report.
(3) Economic Development Committee - no report.
(b) Mayor Pro Tem Lady
(1) South County Area Transit - no report.
(2) San LUIS OBISPO Council of Governments - see SLORT A report.
(3) San LUIS OBISPO Regional Transit Authority (workshop) - Report by
Regional Transit Manager; discussion of SCAT becoming part of SLORT A;
approved a contract with an outside agency to do an employer survey
contract; approved the 1997-98 Revised Budget process; discussed dialysis
care and transportation; heard a presentation by a lobbyist of the California
Transportation Association; received a refund from a State insurance pool,
and, and heard a report from an auditor.
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(c) Council Member Michael Fuller
(1) Integrated Waste Management Authority Board ~ Discussion of AB939 that
requires cities to reduce solid waste by 50 percent by the year 2000.
He said Arroyo Grande is at 28 to 31 percent. He said if the City does not
reach the required goal, there could be a fine of $10,000 per day. He said
the board was told the State will not back down on the sanctions. He said
in Arroyo Grande only 10 percent of the apartments and 10 percent of the
construction industry participates, the City needs to think in terms of weight,
and recycling Green Waste is a must. He asked if the City uses recycled
office paper and staff said yes.
(2) Air Pollution Control Board ~ no report.
(3) Rubbish Rate Increase Committee - no report.
(d) Council Member Runels
(1) Zone 3 Water Advisory Committee - 1997~98 Budget adopted; requests
for proposals for remedial work on Lopez Dam are being sent out; no more
water is being released from the dam.
(2) County Water Resources Advisory Committee - Members discussed a letter
to the County Supervisors concerning objections to a ground water transfer
plan by the City of Santa Maria; Nipomo agriculture people have petitioned
to purchase surplus State water.
(e) Council Member Tolley
(1) Long-Range Planning Committee - no report.
(2) South County Youth Coalition - has scheduled a trip to Ojai to study that
City's Youth Master Plan.
(3) Community Agriculture Support Program ~ no report.
(4) Mobile Home Rent Review Board - no report.
13. COUNCIL/AGENCY COMMUNICATIONS
Council Member Tolley reported on a survey taken on the changing of the name of
Traffic Way. He said 80 letters had been sent out, 30 came back, and opinion was
split down the middle. He said he would continue to talk with the affected parties.
14. STAFF COMMUNICATIONS
None.
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15. ADJOURNMENT
It was moved by\ LadylTolley and the motion passed unanimously to adjourn the
meeting at 9:36 p.m. to Wednesday, June 4, 1997,6:30 p.m., Special City Council
Meeting on the 1997-98 Preliminary Budget.
A. K. "PETE" D'OUGALL, MAYOR
ATTEST:
NANCY A. DAVIS, CITY CLERK
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