Minutes 1997-10-29 SP
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MINUTES
SPECIAL MEETING OF THE ARROYO GRANDE CITY COUNCIL
WEDNESDAY, OCTOBER 29, 1997
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1, ROLL CALL
Present were Mayor A. K. "Pete" Dougall and Council Members Michael Fuller,
Thomas A. Runels, and Steve Tolley. Mayor Pro Tem Michael Lady was absent.
Staff members present were City Manager Robert L. Hunt, City Attorney Timothy
J. Carmel, City Clerk Nancy A. Davis, Public Works Director John Wallace, and
Assistant Public Works Director Craig Campbell.
City Attorney Carmel said the Council is required by law to hold a hearing at
which all persons, who have been notified of the City's intention to acquire their
property by Eminent Domain, are given the right to appear and be heard on the
matter. He said this should not be confused with a public hearing. He said by
law the only persons having the right to appear and be heard on the Resolution
of Necessity that is before the Council are the property owners, who have
received the requisite statutory notice. Recognizing the Council's desire to hear
from all persons, Mr. Carmel recommended the Council allow such testimony to
take place during the Public Comment Period, and allow testimony of the
property owners to take place during Item No.3.
Mayor Dougall requested that those citizens who spoke at the October 28th
meeting only speak during the Public Comment Period if .they had new
information to give to the Council. He said this Council is trying to find a solution
to the drainage problem and not pass it on to a future Council.
2, PUBLIC COMMENT
Members of the public made comments and asked questions with regard to the
initiation of Eminent Domain proceedings for the proposed Newsom Springs
Drainage project on the following subjects:
1. A purported connection between the drainage project and the proposed
Highway 227 Bypass
2. Proposed roads in the Frederick property
3. Instituting a temporary drainage plan during the heavy storm season this year
4. Cleaning out existing drainage areas before constructing new ones
5. Designing a permanent solution beginning at Newsom Springs, source of the
drainage
6. Conducting an independent audit of the proposed drainage solutions
7. Accepting input from a State hydrologist
8. Accepting input from the County Agricultural Department
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CITY COUNCIL MINUTES
OCTOBER 29, 1997
9. Accepting input from the National Resource Conservation Service
10. Following the California Environmental Quality Act with regard to
environmental impact reports and Public Hearings
11. Making sand bags and sand available to property owners
12. Maintaining the proposed project drainage ditch
13. Channeling Newsom Springs water straight to the Creek
14. The need for more clarification on the of the -proposed drainage project
15. The need for more affected property owners to be noticed
16. The short-term appointment of one Council Member to be the lead person to
contact in an emergency
17. Objections to City Council Closed Sessions on this matter
Speakers included Cindy Fear, 317 E. Cherry; L. E. Vandeveer, 756 Myrtle; Ella
Honeycutt, 560 Oak Hill Road, who distributed to the Council a booklet entitled
"The Coverup Story;" Greg Norris, National Resource Conservation Service;
Nanci Parker, 129 E. Cherry, who submitted a copy of her comments to the
Council for the record; Don Schultz, 610 Myrtle; Polly Tullis, 236 Garden;
Jeannette Tripodi, 521 E. Cherry; Buddy Jaquith, 623 Myrtle, and Larry Turner,
323 Noguera.
3.. ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING ACQUISITION OF PROPERTY. THE
EXPENDING OF FUNDS THEREFOR. THE DESIGNATION OF PERSONNEL
TO ACCEPT DEEDS AND GRANTS ON BEHALF OF THE CITY AND THE
INSTITUTION OF EMINENT DOMAIN PROCEEDINGS - Assessor ParC?el
Nos: 007-565-004; 007-522-008: 007-711-003: 007-711-003. and 007-711..004
City Attorney Carmel said staff recommended that the City Council adopt a
Resolution authorizing the Eminent Domain proceedings. He said funding would
be from the Drainage Facility Fund 31, the Sewer Facility Fund 34, and the
owner of Tract 2217.
Mr. Carmel said staff developed a design for drainage facilities to remedy the
. recurrent flooding in the area of Newsom Springs. He said the project would
require easements from several properties in the general area of East Cherry
Avenue, Branch Mill Road, Myrtle Street, and Stanley Avenue. He discussed
procedures for initiating Eminent Domain and notification of the property owners.
Public Works Director Wallace gave a history of the drainage problems that have
affected the area. He listed the drainage improvements and repair alternatives
that were studied, discussed the proposed project design and how it would affect
the Dixson property, the Stillwell property, and the 16-foot wide road between the
two. He showed photos of the flooding that took place in the years of 1969,
1978, 1983, 1995, and 1997, He said the project, as shown on the preliminary
design drawings, will convey the 100 year runoff upstream of the box culvert and
upstream of the Branch Mill Road - Cherry Avenue intersection direct to Arroyo
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CITY COUNCIL MINu {ES
OCTOBER 29, 1997
Grande Creek. Mr. Wallace described temporary drainage improvements
strategy that would provide some flood assistance, since all the proposed
drainage improvements cannot be fully constructed prior to this year's rains.
Council Members asked questions and made comments concerning:
1. Costs of the temporary and permanent projects
2. Design of the proposed project
3. Tract 2217 mitigation measures, including the $250,000 paid by the developer
for drainage mitigation
4. The fear of some residents that the drainage easement would be turned into a
roadway or the Highway 227 Bypass
5. Notification of residents about City meetings
6. Conditioning the Williams and Dorfman properties to participate in the
drainage project
7. The drainage from Tract 2217 to be stored in an on-site basin
8. Environmental Review required on the permanent project
9. Hydrology experience of staff members
10. Total drainage ditch acreage is 1,160 acres
11. The stone culvert holding only10 percent of the 100 year storm
12. The unwillingness of residents to sell, give, or lease any land for a permanent
solution to this drainage problem to this date
13. The Army Corps of Engineers providing input to City staff on design of the
project
14. This project being part of the Master Drainage Plan that is in the 1997/98
Budget
Property owners and interested parties speaking were Jim Dickens, 769 Branch
Mill Road, who listed conditions under which the Dixson Trust would accept the
proposed drainage project on its land; Marianna McClanahan, Fullerton, co-
trustee of the Dixson Trust, who requested that her comments be made a part of
the record of this meeting; Jacqueline Vitti Frederick, Attorney for the Dixson
Trust; Mike Titus, 404 Lierly Lane; Bill Summerfield, 831 E. Cherry; Kas Ikeda,
who farms the Dixson land; Sara L. Dickens, co-trustee of the Dixson Trust; Bill
Caldwell, 841 E. Cherry; Mr. Schultz; Otis Page, 606 Myrtle; Mr. Vandeveer; Mrs.
Honeycutt; Ms. Parker, Grace Stillwell, 734 Myrtle, and Mr. Jaquith.
The speakers were against the use of Eminent Domain to obtain land for the
drainage project, asked questions of the Council, and/or made suggestions on
how to solve the drainage problem.
Council Member Runels asked about the appraisals and how long the City has to
take action after adoption of the Resolution instituting Eminent Domain
Proceedings and City Attorney Carmel said the appraisals would remain the
same unless the market changed dramatically and the Council would have six
months to take action after adopting the Resolution. In answer to Mayor
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CITY COUNCIL MINtJ f'ES
OCTOBER 29, 1997
Dougall's question on the significance of adopting the Resolution, Mr. Carmel
said it would move the City closer to possession of the property. He said the City
wants to negotiate with the homeowners and achieve voluntary agreement.
Mayor Dougall said when there is a permanent drainage solution proposed, the
environmental review will take place.
It was moved by Tolley/Fuller (4-0-1, with Tolley, Fuller, Runels, and Dougall
voting aye; Mayor Pro Tem Lady absent) to adopt Resolution No. 3254
Authorizing Acquisition of Property, the Expending of Funds therefor, the
Designation of Personnel to Accept Deeds and Grants on Behalf of the City, and
the Institution of Eminent Domain Proceedings and to direct staff to continue to
negotiate with the involved property owners and answer any questions they
have.
There was Council consensus to direct staff to send letters to property owners
requiring the immediate cleaning out of the drainage easements on their
properties and, if the owners do not comply, take whatever actions are necessary
to clean out blockages.
Council Member Tolley asked how long it would take to construct the proposed
City project and Mr. Wallace said 14 to 30 days.
3, ADJOURNMENT
It was moved by Tolley/Runels and the motion passed unanimously to adjourn
the meeting at 9:25 p.m. to the Regular City Council Meeting of November
12,1997.
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