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Minutes 1995-02-28 . . . 417 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 28, 1995 COMMUNITY CENTER, 211 VERNON STREET ARROYO GRANDE, CALIFORNIA The city Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor A. K. "Pete" Dougall presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Arroyo Grande Fire Department Explorer Post, Howard Ferguson, Post Advisor, led the Pledge of Allegiance to our Flag. The Rev. Paul Bautts of Bethel Baptist Church of Grover Beach delivered the invocation. 3. ROLL CALL Present with Mayor Dougall were Council Members Drew Brandy, Michael Fuller, Michael Lady and James Souza. staff members present were Interim City Manager Rick TerBorch, city Attorney Roger Lyon, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Interim Public Works Director John Wallace, Parks and Recreation Director John Keisler and Director of Building and Fire Kurt Latipow. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Brandy/Lady, and the motion passed unanimously to approve Consent Agenda items 5.a. through 5. h. , with the recommended courses of action. 5.a. February 14, 1995, city Council Minutes. Approved. 5.b. Joint city Council and Planning Commission Meeting; setting Date and Time. The meeting will be held on Tuesday, April 4, 1995, at 6:30 P.M. 5.c. Request to Purchase Shoring System; Public Works Department: Budgeted Item. Purchase authorized. 5.d. Progress Payment: Soto Sports Complex Parking Lot Paving; M.D. Construction. Approved. 5.e. Request of the Village Improvement Association for the 1995 Strawberry Festival, May 27 and 28, 1995; Easter Celebration in the Village, April 8, 1995; and 4th of July in the Village, July 1 and 2, 1995. Approved and notification to be given to City departments. 1 418 CITY COUNCIL MINUTES FEBRUARY 28, 1995 5.f. Feasibility Study to Consolidate Fire services; Arroyo Grande and Oceano Fire Departments. Council to review and offer direction at a future meeting. 5.g. Award of Proposal for Removal of Eucalyptus Trees; Arroyo Grande Creek; Unbudgeted Item. Awarded to Ramey's Horticultural Services. 5.h. Approval of Resolution - Designation of Applicant's Agenda (FEMA); Requesting Reimbursement for Storm Damages from FEMA. Approved and adopted. 6. REGISTER OF CHECKS It was moved by Souza/Fuller, and the motion passed unanimously to approve Cash Disbursements in the amount of $470,335.23, as listed in the February 22, 1995, Staff Report of Finance Director David Bacon. ,-' 7.A. UPDATE ON GENERAL FUND REVENUES AND EXPENDITURES: FINANCE DIRECTOR Mr. TerBorch referred to the February 16, 1995, staff report of the Finance Director. He said city financial projections to June 30, 1995, look promising; expenditures in the General Fund are no more than budget, and revenues are running at a rate above estimates for the year. He said Projected Operating Reserves, June 30, 1995, are $317,749, and Separate Contingency Reserves are $250,000. Council Member Souza asked if the purchase of the new vehicle for the Fire Chief is included in expenditures, and Mr. TerBorch said yes. 7.B. STATUS REPORT: REPLACEMENT OF SWINGING BRIDGE Mr. Wallace referred to his February 24, 1995, staff report, and said at the Council's last meeting the Council authorized advertising the project for bids to replace the swinging bridge in accordance with the contract documents. He gave an update on the various components of the project relating to funding as well as the contract schedule. He said the fOllowing schedule will have to be adhered to if the bridge is repaired by the Strawberry Festival at the end of May. February 14, 1995 Authorization to go to bid (completed) March 9, 1995 Receive Bids March 14, 1995 Award Contract April 1, 1995 start Up May 15, 1995 Completion Council Members Souza and Lady asked questions about funding 2 . 419 CITY COUNCIL MINUTES FEBRUARY 28, 1995 and the lumber needed for the bridge. Mr. Wallace said, with respect to the purchase of pressure treated lumber, the lumber can be kiln dried for an extra $500 and two weeks can be saved. He said the estimate of lumber cost has been reduced to approximately $7,000 - $8,000. Mr. Wallace said the county and Caltrans representatives continue to believe that reimbursement under the TEA funding would be compromised if the city spent funds prior to the State Historical Preservation Office's review of the project. with regard to FEMA Disaster Funding, Mr. Wallace said a FEMA Damage Team viewed the bridge on the weekends of February 25 and March 4, 1995. He recommended that the city continue with the bidding process to determine the final cost of replacing the bridge and to complete the analysis with the FEMA Disaster Team to determine how quickly the historical review can be made and whether or not there would be any possibility of advancing funds and/gaining reimbursement pursuant to the disaster reimbursement program. The Interim Public Works Director said the city had been coordinating with PG&E to assist and possibly furnish a crane from Diablo Canyon Power Plant for the demolition of the bridge. He said if the crane is available, the bridge should be removed within two weeks. 7.C. RANCHO GRANDE PARK: DIRECTION TO STAFF AND PLANNING COMMISSION Council Member Lady said he may have a conflict of interest in this matter and left the dais. Mayor Dougall said he would like to set the ground rules for the meeting. He asked that the audience not respond verbally or with applause to the speakers. He said he would set a timer and each speaker would be allowed five minutes. He said each speaker would be allowed to speak only one time. He asked that there be no character assassination. The Planning Director referred to her staff report of February 28, 1995, and said on December 6, 1994, the Expanded Initial Study and Mitigated Negative Declaration on the proposed 10 Acre Rancho Grande Park (Elder Plan) were presented to the Planning commission. She said after a lengthy discussion, the consensus of the Commission was not to deliberate further on this item but rather send the whole package to the newly-elected (November, 1994) city council for policy direction. 3 420: CITY COUNCIL MINUTES FEBRUARY 28, 1995 Ms. Liberto-Blanck referred to her December 6, 1994, staff report and said the Elder Plan does the following: Eliminates: *Concrete Bleachers *Conduit plan, which precludes installation of the public address system *Night lighting *Community Building *Amphitheater *Gazebo *Parking lot on Avenida De Diamante *Maintenance Building *Restroom/scorekeeper building *Access from Avenida de Diamante Adds: *Three foot high berm along James Way (including planting) *Thirty foot buffer from property line between James Way and Avenida de Diamante *Bike Parking *Horseshoe pitching area *Perimeter service road for walking and individual picnic tables *Free play area *View corridors for police security Moves the: *Basketball courts from area near Avenida de Diamante to James Way area *Tennis courts from corner of Collado Corte and Avenida de Diamante, further east (thus reducing grading and lowering the court elevation); *Soccerfield and baseball field further West Provides the following improvements along James Way: *One access point to the Park only *Median constructed in the driveway throat to separate ingress and egress driveways vehicles (to have a rolled curb and low plantings *Right turn lane cut out (180 foot stacking; 40 foot taper for a total of 220 feet *Driveway from James Way shall have a 35 foot turning radius inside, with a 50 foot turning radius outside to meet the Fire Department requirements city Attorney Lyon emphasized that this Council hearing will not result in any final action. He said it would be direction to staff and input to the Planning Commission as to what the Council 4 . 421 CITY COUNCIL MINUTES FEBRUARY 28, 1995 would like to be brought back for final action. Speaking in favor of the park were KERRY NICODEMUS, 316 Mesquite Lane; BERNARD BURKE, 1227 Priscilla Land; BILL MC CANN, 575 Crown Hill; MEL CALDWELL, 565 Woodland; BILL SOMMERMEYER, 2356 Oak Haven Lane; LYNN BUHLMAN, 240 Spruce st.: SUE SCHIMANDLE, 474 Mercedes Lane, who read a statement from JOYCE RAUSCH, 462 Mercedes Lane; JIM WYSONG, Grover Beach; MADELINE BURKE, 1227 Priscilla Lane; TRACY THOMAS, 1152 Outland; CHRIS JANOWICZ, 445 Lierly Lane; DWIGHT MACDONALD, 523 Cuesta Place; PHIL STEINER, 359 Chaparral Lane; TONY OREFICE, who read a statement from BETSY DEJARNETTE, 661 victoria Way, and JOHN TOOLEY, 761 Arabian Circle. Points made by those in favor of the park included: 1. Many changes and concessions in the park design have been made already, and further delays should not be accepted. 2. All the citizens of the City have an interest in the park, not just the neighbors of it. It is a community park. 3. If there is not going to be a park on the property, it should be used for low-cost housing, of which the State says Arroyo Grande needs more. 4. The Elder Plan should go to the Planning commission for a pUblic hearing and study. 5. There is a need in the city for more fields for organized sports. All available space, including every park field and school site, is being used at this time. 6. organized sports build character in children, builds physical fitness and builds a bridge between the generations. 7. Parks do not devalue homes. They add value to the community. 8. A combination baseball/soccer field is a vital part of this park and a positive recreational element. 9. A "skinned" infield is a safer and more versatile field for ball play. It can be used for Little League T-Ball up to Majors (age 5 through 12 year olds) and Girls Softball through high school age. 10. An active park is needed on the north side of the City. 11. The Arroyo Grande Police Department would not allow graffiti 5 422 CITY COUNCIL MINUTES FEBRUARY 28, 1995 or other crimes at the park. Speaking against the Elder Plan were JOHN HARE, 613 Avenida de Diamante; ROSS KONGABLE, 255 Rodeo Drive; DAN VILLEGAS, 114 Via Bandolero, CHARLES RANDALL, 411 Spanish Moss Lane; ANDREA PEREJDA, 187 Via Bandolero; BEATRICE SPENCER, 416 Collado Courte; STEVE ADLESH, 250 Rodeo Drive; CARTER HOOKER, 380 Spanish Moss Lane, and FABBIAN DETWEILER, 202 Avenida de Diamante. Mr. Kongable, using the overhead projector, presented to the Council the "Residents' Plan," which he said places the family, picnic and play areas adjacent to each other, not separated by ball and soccer fields. He said since the neighborhood population is primarily over 30, a recreation center clubhouse is proposed and a lawn bowling green, still keeping two tennis courts and a basketball court and a large open play area that can -../ easily be used for unorganized ball playing. He said it would be more versatile and there would be less earth movement, less maintenance and less noise. He said a survey of the four neighborhoods adjacent to the proposed park was taken and 70 percent of the people were over 30, and 35 percent over 55. He said respondents to the survey overwhelmingly rejected the Elder Plan. He said neighbors are not opposed to the park but to organized sports there. He said if parties cannot agree, perhaps the land could be sold for residential development. Other points made by those speaking against the Elder Plan were: 1. It should be a passive neighborhood park, as originally planned. 2. Cost to build an active park is too high. 3. The City is currently over-supplied with softball and soccer fields suitable for league and tournament use. 4. An unsound park would devalue neighborhood property values. 5. Environmental impacts have not been adequately addressed. 6. Air quality control officials would not allow volunteers to do the grading of the park. If the grading is not done between rainy seasons, there could be erosion . 7. There would be less necessity for city maintenance in a passive park. 8. There should be more attention paid to activities for senior 6 '-' 423 CITY COUNCIL MINUTES FEBRUARY 28, 1995 citizens. 9. The city should not be paying for residents of the other nearby cities to use our park facilities. 10. The proposed park land could be sold and used as residential property. The money could be used for other necessary city matters. 11. Baseball and soccer fields should be built on flat land. The public hearing was closed, and the city council began discussion of the proposed park. Mayor Dougall said he had been meeting with people on both sides of the issue on a one-to-one basis. He said he had accumulated a lot of information. He said "- the discussion at this meeting would be to give the matter to the Planning Commission with direction on what they should do with anyone of the three plans. council Member Fuller said before spending $1 million plus, the Council should make sure the city has used its park facilities to the fullest potential. He said the greatest need is for neighborhood or family-type parks. He referred to Ordinance 313 C.S. as saying that the proposed park should serve the "present and future needs of the residents of the subdivision." He spoke about the extensive grading that would be necessary under the Elder Plan and certain City requirements that limit grading on sloping land. He said Roberts Field would alleviate the pressure for more soccer and baseball fields. He said fixing the streets and underground utilities is more important than a park. council Member Souza said the Elder Plan provides a park for the community. He said is a compromise plan that protects the neighborhood. He congratulated Parks and Recreation Director Keisler, Mr. Elder and Mr. Orefice, who worked together on the plan. He said the plan is worth the Council's support. Council Member Brandy gave the history of the proposed park beginning in 1986, and showed how neighborhood concerns had been mitigated. He said the city should go ahead and approve plans for both the Rancho Grande Park and the Don Roberts Field, and if Roberts Field is finished first, baseball and soccer scheduling can be addressed. He said he would not support organized adult play on the small field in the Rancho Grande Park. He said the city has a very valuable resource in the field at the park and it may been needed for scheduled play if the Roberts Field is not finished first. Referring to the grading, he said there was major grading for the Royal Oaks and Rancho Grande subdivisions. 7 424 CITY COUNCIL MINUTES FEBRUARY 28, 1995 He said he had heard no objections to scheduled adult play on the basketball and tennis courts. He suggested that it could be decided at a later date if the size of the ball diamond should be changed and if organized sports would be allowed in the park. Mayor Dougall said a park is a valuable asset to any City. He said the planning for the park got off the ground entirely wrong. He said changes were made but no one changed the master plan for the park. He said the park plan should have gone back to the Planning Commission. He said maybe Mr. Elder should have been directed to design the park as inexpensively as possible. He said Arroyo Grande bears a great burden by having the only hospital, high school, sports complex and theaters in the Five cities area. He asked if it was fair for the City to give $50,000 worth of support to recreation in the last two years, with no help coming from the other cities. He said the park should be built according to what the taxpayers can afford. He said perhaps other fields in the Five Cities could be built or upgraded with Arroyo Grande's help. He said the city should not be so obsessed with building this one ball park. Mr. TerBorch said the purpose of this meeting was to give staff and the Planning Commission direction, but that the Council appeared to be split two to two. The city Attorney said if it is the Council's desire to have the Planning commission deliberate on the Elder Plan and report back there would be an additional $1,500 in consultant expenses to the city. He said if alternate plans or different variations are to be considered, staff would be asking for additional monies for consultants contracts, etc. The Mayor said all Council Members want the park, and the only split is on whether it will be the Elder Plan or something else. He said the people should have some resolution to this issue in three to six months. Council Members discussed building the park in phases, with grading in the first phase; the cost of the phases; developing a financial plan to pay for the park along with a list of volunteers who would work on building the park, and scheduled versus unscheduled use of the ball field. There was discussion with Mr. Elder and Mr. Keisler on the grading schedule. Mr. Elder explained that it would be best for neighbors to grade the entire park at one time. council Member Fuller express concern about beginning construction of the park and then finding there are no monies to complete it. council Member Brandy suggested there are grants and/or donations, and 8 ~ I . 425 CITY COUNCIL MINUTES FEBRUARY 28, 1995 Council Member Souza said the park could be built by donations and time and money from the community, just as the YMCA will be built that way. Mayor Dougall asked about Arroyo Grande Resolution No. 2972, and said it does not appear to agree with the expanded study. Council Member Souza said Resolution No. 2972 mentions about night lighting. Ms. Liberto-Blanck said the Elder Plan includes the mitigation measures listed in the Resolution. Mayor Dougall suggested that phasing of the park development be part of the direction to the Planning Commission. council Member Brandy said he would approve of a phasing plan if the first phase included the baseball/soccer field. He said scheduled play can be decided later. - After further discussion, it was moved by Brandy/Souza, and the motion passed unanimously on a roll call vote to return the Elder Plan to the Planning Commission to work within the constraints or parameters of the Negative Declaration that is ; currently valid with the Elder Plan in mind. Mayor Dougall added that, after the Planning Commission sends the plan back to the city Council, the Council Members would then have final approval and latitude to add or interject such items as scheduled or non- scheduled use of the ball fields or the type of infield that would be built. other Council Members and the city Attorney agreed with this statement. Council Member Lady returned to the dais. COUNCIL MEMBERS RECESSED THE MEETING AT 10:35 P.M. FOR 10 MINUTES S.A. REPORTS FROM VARIOUS COMMITTEES It was moved by Souza/Brandy, and the motion passed unanimously to cancel this agenda item. 9. WRITTEN COMMUNICATIONS None. 10. ORAL COMMUNICATIONS None. 11. CLOSED SESSION The Council adjourned at 10:45 P.M. to a Closed Session on the following: Existing Litigation: Government Code section 54956.9(a): (a) Vick Pace Construction co., Inc., et ale v city of 9 42:6 . CITY COUNCIL MINUTES FEBRUARY 28, 1995 Grande, et al. San Luis Obispo County Superior Court No. CV 60060 (b) Coker Ellsworth, et al. v city of Arroyo Grande, et al. San Luis Obispo County Superior Court No. CV68739 Second Appellate No. B083514 ATTEST: Il~a. fh~ -' NANCY A. VIS, CITY CLERK 10 --