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Minutes 1997-06-10 ,., "~t 351 REGULAR MEETING OF THE ARROYO GRANDE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JUNE 10, 1997 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA '-. 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 A. K. .Pete. Dougall presiding. He said nothing reportable occurred in Closed Session. 2. AND 3. FLAG SALlITE AND INVOCATION Seaman Rachel O'Meara of the United States Sea Cadet Corps led the Flag Salute. The Rev. Terry Page of Vineyard Christian Fellowship Five Cities delivered the invocation. 4. ROLL CALL Present with Mayor/Chair Dougall were Mayor Pro TemNice Chair Michael Lady and CounciVBoard Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff members present were City Manager/Executive Director Robert L Hunt, City Attomey/Counsel TimothyJ. Carmel, City Clerk/Secretary Nancy Davis, Community Development Director/Assistant Executive Director Doreen Uberto-Blanck, Public Works Director John Wallace, Chief of Police Rick TerBorch, Associate Planner Bruce Buckingham, and Assistant Public Works Director Craig Campbell. 5. SPECIAL PRESENTATIONS Mayor Dougall read a Letter of Appreciation to Seaman O'Meara for leading the Flag Salute. She described the activities of the Sea Cadet Corps. 6. AGENDA REVIEW Mr. Hunt said letters were distributed to the Council from Jeannette Tripodi, 521 E. Cherry Avenue, concerning Agenda Item 7.a., and Sandra Davis, Assistant Superintendent, Lucia Mar Unified School District, concerning Agenda Item 11.a. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y It was moved by Lady/Runels and the motion passed unanimously that all resolutions J and ordinances presented at the meeting be read in title only and all further reading be waived, 7.A. APPEAL OF PLANNING COMMISSION RESOLUTION NO. 97-1613. CONDITIONS NO. 16. 17. 23.34. 37. AND 38 FOR TENTATIVE PARCEL MAP 97- 537 {DORFMANfWEBB) Mayor Dougall read into the record a letter from Ms. Tripodi agreeing with the 1 3..52..... CITY COUNCIL MEETING MINUTES JUNE 10, 1997 Conditions of Approval in Planning Commission Resolution No. 97-1613. The Community Development Director said staff recommended adoption of a r . resolution denying the appeal thereby upholding the Planning Commission's approval of Tentative Parcel Map 97-537. She said the appellants filed an appeal contesting certain conditions of approval requiring the dedication of easements, public improvement designs, and drainage improvements. She listed the reasons for the appeal and the staff responses. 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 were Lee Webb, 1538 West Branch Street, and Edward Dorfman, 285 La Cresta. They objected to the requirements stating that street improvement~ be made, easements be given, fees paid, and other special conditions be completed before the property actually is developed. Mr. Webb said they were asking for a statement from the City that one parcel is commercial and one is residential. Marie Cattoir, 195 Orchid Lane, said a design plan by Omni-Means Ltd. prepared for the City, shows Traffic Way as having a 76 foot right of way. There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. Council Members discussed the advisabirlty of making drainage improvements on the property before the project is designed and before the completion of Coker Ellsworth 43-home project to the east. They had concerns about location of easements and conditioning the project to ensure drainage problems will be solved. It was moved by LadylFuller (5-0-0, with Lady, Fuller, Tolley, Runels, and Dougall voting aye) tentatively upholding the appeal with the condition requiring construction be deleted and for the staff to bring back a Resolution with the appropriate revised [ conditions. 78. ARROYO GRANDE UNDERGROUND UTILITY DISTRICT NO.5 - GRAND AVENUE The Public Works Director said staff recommended adoption of a resolution directing removal of all above ground utilities and requiring underground installation of said 2 : 353 CITY COUNCIL MEETING MINUTES JUNE 10, 1997 facilities within Underground Utility District No.5 - Grand Avenue; direction to staff to 1 integrate the project into the Grand Avenue Reconstruction, Barnett Street to Halcyon I Road, Capital Improvement Project, and return to the Council the agreements with the \ utility companies for reimbursement of the City's cost to provide a portion of underground facilities as a part of the Grand Avenue Reconstruction Project in advance of the utilities' main undergrounding project Mr. Wallace said the proposed undergrounding will cost approximately $490,000, with the money coming from the State and County Public Utility Commission - Rule 20A account for undergrounding utilities. Mayor Dougall said he hoped fibre optic cable also would be installed as the utilities were undergrounded and Mr. Wallace said that would be done. 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 about connecting underground lines to his property at 704 Grand Avenue. He said he wanted it on the record that he would be able to connect at the front or rear of his property, whichever was best, as Mr. Wallace indicated. He said he supported the undergrounding of the utilities. There being no further public discussion on the matter, Mayor Dougall closed the hearing to the floor. Council Members said they supported the project. It was moved by LadylRunels (5-0- 0, with Lady, Runels, Fuller, Tolley, and Dougall voting aye) to adopt Resolution No. 3234 Establishing Grand Avenue Underground Utility District No.5. 8. PUBLIC COMMENT PERIOD Edward Otto, 311 Sunrise Terrace, asked the following questions concerning the Draft Mobile Home Rent Stabilization Ordinance: J 1. Is it the intent of the City Council to no longer afford the same protection to all Arroyo Grande residents? 2. What force came about to fix something that obviously wasn't broke? 3. Will we have your answers to these questions? 3 3,'5 4 "~ CITY COUNCIL MEETING MINUTES JUNE 1 0, 1997 4. When? Kathy Smith, San Luis Obispo Literacy Council Executive Director, asked the City [ Council to include the Literacy Council in the City's 1997-98 Annual Budget. Alton Jones, 1189 Flora Road, asked the Council to consider dropping the 640 square foot limitation on second dwelling units. Jonni Biaggini of the San Luis Obispo County Visitors and Conference Bureau also made a 1997-98 Budget request of the City Council. Lori Rai, 501 Ide Street, spoke in favor of the Visitors and Conference Bureau receiving City funding. She also asked the Council to consider government access on the cable television system, 9. CONSENT AGENDA It was moved and seconded by LadylFuller to approve Consent Agenda Items 9.a. through 9.n., with the recommended courses of action. Council Members Runels and Tolley said they would abstain on Item 9.c. The motion was approved on a roll call vote, with Lady, Fuller, Tolley, Runels, and Dougall voting aye and Runels and Tolley abstaining on 9.c. only. 9.a. Cash Disbursement Ratification. Approved. 9.b. Statement of Investment Deposit. Received and filed. 9.c, City CounciVAgency Minutes of May 27, 1997. Approved. 9.d. Rejection of Claim Against City - Wonnell. Claim rejected. 9.e. Authorization to Solicit Bids for a Copier. Staff authorized to solicit bids. 9.1. Acceptance of Improvements for Tract 1834, Phases I and II. Staff recommendation approved. r 9.g. Bridge, Nelson, and Short Streets, Project No. 60-70-90-96-05 Progress Payment ! No. 3 to Spiess Construction Co., Inc. Progress payment authorized. i l ."...... 9.h. Landscape Maintenance Contract Bids. J. C. Landscaping low bid approved. 4 .\ ' . 355 CITY COUNCIL MEETING MINUTES JUNE 10, 1997 9.L Proposed Stipend Increase for Volunteer Rre Fighters. Resolution No. 3235 -l Adopting a Stipend Program for Fire Volunteers for Fiscal Year 1997-98 was adopted. 9.j. Support Resolutions Regarding Revised Solid Waste Adjustment Methodology and Support Solid Waste Management Policies of the Southern California Association of Governments (SCAG). Approved. 9.k. Conditional Use Permit Case No. 97-550,203 East Branch Street, Water Neutralization Proposal (John Gutierrez). Proposal approved, 9.1. Police Firearms Range Repair. Approval of low bid by Toste Grading and paving. 9.m. Support a Resolution Regarding Participation in the Central Coast Recycling Market Development Zone. Resolution No. 3236 Clarifying Approval of the Participation of the City of Arroyo Grande in the Central Coast Recycling Market Development Zone was adopted. 9.n. Purchase of Materials for Paving Sewer Dump Station Access Road - Soto Complex. Approved. CITY COUNCIL MEMBERS REACHED A CONSENSUS TO MOVE AGENDA ITEM 10.A. "CONSIDERATION OF FY 1997-98 PRELIMINARY BUDGET" TO THE END OF THE AGENDA 10.8. CREEKSIDE PEDESTRIAN PATH CONCEPT PLAN Public Works Director Wallace said staff recommended: 1. Adoption of the proposed concept plan for use of the currently programmed Federal Transportation Enhancement Activities (TEA) funds; 2. Direct staff to retain an architect or landscape architect to develop an overall concept plan design for the entire Creekside path project from Mason Street to Traffic Way; and J 3. Allocate $16,940 of Quimby Appropriate funds for the required 20 percent non- Federal match. Mr. Wallace said funding would come from Federal TEA funds, Utility Users' Tax funds, and Quimby funds. 5 a-56"'. CITY COUNCIL MEETING MINUTES JUNE 10, 1997 Mayor Dougall said the South County Historical Society had requested the City consider an historical path from its Mason Street Heritage House to the Swinging [ Bridge. Mr. Wallace said that could be incorporated into the project. Richard Murphy of San Luis Obispo Council of Governments suggested Mr. Wallace should coordinate the planning with Caltrans District 5 staff. Mr. Mankins said when owners of property along the creek are brought into the process, he would like to give input. In response to Council concerns about future maintenance of the pathway, Mr. Hunt said in developing the project certain check points could be built in to allow Council input. It was moved by TolleylFuller and approved on a roll call vote, with Tolley, Fuller, Lady, Runels, and Dougall voting aye to approve staff recommendations. 10.C. BLANKET WAIVER OF RELD RENTAL FEES FOR PRACTICES AND GAMES. YOUTH TEAMS AND LEAGUES Parks and Recreation Director Keisler said staff recommended the Council adopt a policy to waive all field rental fees for youth teams and leagues for practices and games. He said waiver of all field rental fees for youth team practices would be an estimated loss of $23,500 to the City during FY 1997-98. He said teams would be required to pay for field preps, tournaments, and lighting fees, an estimated $6,370.00. Council Members discussed alternative language for the Fee Waiver or Reduction Criteria Form. Tom Buhlman, who represented the American Youth Soccer Organization, and Gail Lightfoot of 849 Mesa Drive spoke to the Council on waiving fees for 19 year old players. It was moved by TolleylLady and the motion passed with Tolley, Lady, and Runels voting aye and Fuller and Dougall voting no to adopt language for waiving fees, as ( follows: I nField rental fees (excluding tournaments, lighting, and field preps) shall be waived for l all youth sport activities scoring fIVe (5) points or more on a fully completed Fee 't~.;..,... Waiver or Reduction Criteria Form. Youth sport activities shall be defined as any league/team roster having members under the age of 18, with the exception that a 6 .... ' . 357 CITY COUNCIL MEETING MINUTES JUNE 10, 1997 maximum of three (3) members may be 18 or older at the time the roster is submitted to the Parks and Recreation Department.- 10. D. CONSIDER A TION OF A JOINT RESOLUTION SUPPORTING EFFORTS TO OBTAIN RELIEF FROM THE LOSS OF PROPERTY TAX REVENUE AS AN UNINTENDED CONSEQUENCE OF ELECTRIC UTILITY RESTRUCTURING City Manager Hunt said staff recommended the Council consider a joint resolution supporting efforts to obtain relief from the loss of property tax revenue as an unintended consequence of electric utility restructuring. He said at a joint City Councils' meeting on June 5th, the County gave a presentation regarding the negative fiscal impact upon the County due to electricity deregulation, specifically the approval of accelerated depreciation and the resultant loss of property taxes. It was moved by TolleylLady (5-0-0, with Tolley, Lady, Fuller, Runels, and Dougall voting aye to adopt Resolution No. 3237 In Support of Efforts to Obtain Relief from Damaging Loss of Property Tax Revenue as an Unintended Consequence of Electric Utility Restructuring in California. 10.E. ADOPT ORDINANCE 487 C.S. APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE ARROYO GRANDE REDEVELOPMENT PROJECT CounciVBoard Members Runels and Tolley said they had potential conflicts of interest on this matter and left the dais. Mr. Hunt said staff recommended the Council adopt Ordinance 487 C.S., approving the Redevelopment Agency's Project Area. He said formation of the Project Area has the potential to generate approximately $46 million for the Agency over the 3D-year life of the Project based on a conservative three percent annual'growth rate. He said all references to -eminent domain- had been removed. It was moved by Fuller/Lady (3-0-2, with Fuller, Lady, and Dougall voting aye and Runels and Tolley abstaining) to adopt Ordinance No. 487 C.S. Approving and Adopting the Redevelopment Plan for the Arroyo Grande Redevelopment Project. J Council Members Runels and Tolley retumed to the dais. 11.A. PRE-APPLICATION REVIEW OF THE WELLS ANNEXATION REQUEST Community Development Director Liberto-Blanck said staff recommended the Council provide input on the pre-application review. She said the subject site of approximately five acres is located adjacent to the City limits, on the north side of Huasna Road. 7 3,'58'.,: CITY COUNCIL MEETING MINUTES JUNE 10, 1997 She said the City's Pearwood Basin lies immediately adjacent (north) of the applicant's site and, with the associated overflow ditch, has been the source of frequent drainage [ problems in the past. She said the applicant approached staff about a year ago with a proposal to remedy the drainage problems associated with the basin and in exchange, the City would deed the applicant the existing access strip to the Pearwood Basin that could allow the applicant to gain an additional lot for development in the County. She said the applicant would record an easement allowing the City to access the basin. She said the applicant was seeking feedback on whether the City would support an annexation application on the five-acre site. She said the Staff Advisory Committee and the Planning Commission had discussed the project and made comments. Ms. Liberto-Blanck said Mr. Campbell also would answer Council questions. Jim McGillis, a San Luis Obispo Engineering surveyor, representing the Wells' Trust, said Lonnie Wells wanted to divide his property five ways. He listed some different approaches that could be taken in developing the site. Council Members said they would like to see an underground pipe handle the drainage instead of a basin. Other comments included designing the project with the entire area taken into consideration; transitioning the size of the lots; a home owners association maintaining a park in the project; solving the problem of extra traffic caused by the project in the Village, and the City having control of the five acres instead of the County. 11.8. WAIVER OF FEES: HOSPICE Parks and Recreation Director Keisler said staff recommended the Council approve a 100 percent reduction in the estimated yearly supervision fee of $390 for weekly meetings at the Community CenterIWoman's Club by Hospice and charge only the annual $100 non-profit rental, fee. He said the Hospice Drop-in Bereavement Group meets weekly from 2:00 to 3:30 p.m. Armida RObb, a Hospice volunteer, told the Council about the Bereavement program. It was moved by TolleylRunels and the motion passed unanimously to approve the I 100 percent reduction in the yearly supervision fee, and charge only the rental fee. ' . I 11.C. WAIVER OF FEES: LION CLUB I.. ~ Mr. Keisler said staff recommended the Council approve a 100 percent reduction in ,. the estimated yearly supervision fee of $260 for bi-monthly meetings at the Community Center/Woman's Club by the Arroyo Grande Lions Club and charge only 8 " ,,' 359 . CITY COUNCIL MEETING MINUTES JUNE 10, 1997 the annual $50 non-profit rental fee. . It was moved by FullerlRunels and the motion passed unanimously to approve the staff recommendation. I 11.D. APPROVAL OF AGRICULTURAL WELL AND DOMESTIC SEPTIC TANK. 955 BRANCH MILL ROAD Public Works Director Wallace said staff recommended Council approval of the construction by the applicant of a well for agricultural purposes and a septic tank and leach field for residential use at 955 Branch Mill Road. He said Randy Buchman wished to develop an agricultural green house and two residences. He said the Staff Advisory Committee determined that the proposed uses were allowed and that Council approval was required for the proposed well and septic systems. After Council questions, it was moved by LadylRunels and the motion passed unanimously to approve the construction of a well for agricultural purposes and a septic tank and leach field for residential use at 955 Branch Mill Road. THERE WAS COUNCIL CONSENSUS TO CONTINUE AGENDA ITEM 10.A. "CONSIDERATION OF FY 1997-98 PRELIMINARY BUDGET" TO THE SPECIAL CITY COUNCIL MEETING OF JUNE 17. 1997 12. COUNCIL/AGENCY COMMUNICATIONS Council Member Fuller, brought up the subject of the extensive use of neon by the operators of the new Cookie Crock Market at Elm Street and Grand Avenue. He said the Council just recently passed a new sign ordinance regulating the use of neon and perhaps the variance approving the use of it at the market should be reviewed. He asked about the Council appealing a decision of the Planning Commission. No consensus was reached. Mayor Dougall said the City was awarded a plaque of appreciation at the March of Dimes -thank you. party. He said Council Members were invited to the opening of the Cookie Crock Market from 5:00 to 9:00 p.m. Wednesday, June 11, 1997. He noted J the serious traffic accident on James Way and asked the Council to observe a minute of silence for the families involved. Council Member Tolley thanked the Council Members for their donations to the Law Enforcement Torch Run. 9 3.60!': CITY COUNCIL MEETING MINUTES JUNE 10, 1997 13. STAFF COMMUNICATIONS None. [ 14. ADJOURNMENT It was moved by TolleylFuller and the motion passed unanimously to adjourn the meeting at 10:38 p.m. to the Joint City CounciVParks and Recreation Commission meeting at 5:30 p.m. Wednesday, June 11, 1997, and to the Special Council Meeting at 6:30 p.m. Tuesday, June 17, 1997, for review and possible adoption of the FY 1997-98 Pre/' inary Budget. A. ATTEST: J1~a. ~ NANCY A. D , CITY CLERK l ..~ 10