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Minutes 1999-03-23 1 ' � ,�A � �� I CITY COUNCIL MINUTES TUESDAY, MARCH 23, 1999 CITY COUNCIL CHAMBERS, . 215 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The Honorable City Council of the City of Arroyo Grande met in regular session at 7:30 p.m. 2. FLAG SALUTE � American Legion Post 136 led the Pledge of Allegiance. ' 3. INVOCATION , Pastor Michael Dennis, Landmark Missionary Baptist Church, delivered the invocation. 4. ROLL CALL , _ . Council: �Lady X Ferrara X Runels �Tolley X Dickens STAFF PRESENT ' X City Manager X City Attorney X City Clerk / Director of Administrative Services , ' X Chief of Police ' Director of Building and Fire X Director of Community Development X Director of Pubiic Works " X Director of Parks and Recreation X Director of Financial Services _ Senior Consultant Engirieer . 5. SPECIAL PRESENTATIONS a. Proclamation — "CIF Wrestling Champions" — accepted by Coach Ken Hubert; Assistant Coaches Tim Cano and Nate Erickson, and members of the Arroyo Grande High School Wrestiing Team. b. Proclamation - "Month of the Child" — accepted by Lisa Del Vaglio, AM/PM Coordinator; Brenda Barrow, Recreation Supervisor; Dominique Gonzales, and Danielle Gonzales. 6. AGENDA REVIEW None. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY r1 � CITY COUNCIL MINUTES � � MARCH 23, 1999 ' Council Member Tolley moved, Council Member Runels seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7.A. PUBLIC HEARING — APPEAL OF PLANNING COMMISSION'S DECISION TO DENY VARIANCE CASE NO 99-001 COKER ELLSWORTH Council Member Dickens said he had a possible conflict of interest and left the dais. Community Development Director Jim Hamilton said staff recommended the Council adopt a resolution denying the appeal of the Planning Commission's decision on Variance Case No. 99-001. He said it was possible that the appellant did not receive a copy of a letter from the owner of the lot in question (the reason given by Coker Elisworth for his appeal). He said, however, Mr. Ellsworth was provided with a fuil and fair opportunity to present arguments regarding the variance to the Planning Commission. The Community Development Director said the issue was encroachment into the rear yard setback. After .being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady declared the hearing open and said all persons would be heard regarding the matter. Speaking against the appeal were Sarah Dickens, co-trustee of property on Branch Mill Road, across from the Ellsworth development; Jan Scott, 520 Via Vaquero; Jeanne Goldman, Corbett Canyon Road; Tim Brown, 125 Allen Street;. Tom Murray; rural Arroyo Grande, and Ella Honeycutt, 560 Oak Hill Road. Their arguments covered the need for a 20 foot buffer between the development and the farm land. Barry Yancosek, lot owner, asked the Council to enforce the mitigation measures. Don Garcia, 1056 Robin Circle, said if the house could be built on the property correctly, the developer should do so. The appellant said the foundation and framing was completed and he had been unable to negotiate a compromise with the lot owner._ He said he would do a tree buffer and the visual impact would be minimal. ' When no one further came forward to speak, the hearing was closed to the floor. Council Members. asked questions about the encroachment, the dispute between the developer and the lot owner, and when the City made its inspections. Council Member Tolley, Mayor Pro Tem Ferrara, and Mayor Lady said they could not support the appeal for the variance. Council Member Runels said both parties should get together and cut off the corner of the house that was built into the setback. 2 1 CITY COUNCIL MINUTES MARCH 23, 1999 Mayor Pro Tem Ferrara moved and Council Member Tolley seconded the motion to deny the appeal and the request for a variance to reduce the setback from 20 to 12 feet. Voice Vote .� Roll Call Vote Aye Lady Aye Ferrara - No Runels Aye Tolley Abstain Dickens There being 3 AYES, 1 NO, and 1 ABSTENTION, the motion is hereby declared to be passed. Council Member Dickens returned to the dais. 7.B. PUBLIC HEARING — ADOPTION OF REVISED RATES FOR GREENWASTE COLLECTION SERVICE Community Development Director Hamilton said staff recommended: 1. Approving the frst Amendment to the Franchise Agreement between the City of Arroyo Grande and South County Sanitary Service, Inc., for weekly greenwaste collection; � 2. Selecting to continue or eliminate the current exemption policy for greenwaste collection; and, 3. Adopting the resolution establishing revised rates for yard refuse (greenwaste) collection services. Mr. Hamilton said the greenwaste weekly collection will begin on or about May 15�, and the price per customer per month would not be greater than $1.45. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady declared the hearing open and said all persons would be heard regarding this matter. Speaking against allowing exemptions were Tom Martin, controller for South County Sanitary Service (holder of the City franchise), and Colieen Martin, 855 Olive Street, who also spoke in favor of rewarding the recyclers and against using the 96 gallon containers. Mr. Garcia spoke against the large containers and also submitted a letter from Nelson Little, 1064 Robin Circle. Mr. Little wrote in favor of weekly greenwaste collection. 3 � - � n CITY COUNCIL MINUTES ' MARCH 23, 1999 Mrs. Honeycutt urged the trash company to go up her hill to empty her trash containers or give her an exemption. Gail Lightfoot, 849 Mesa Drive, explained how.trash and greenwaste were collected in Los Angeles. Mr. Martin said 32 gallon containers are offered to seniors who can't lift, and the company would go to the rear of the houses, if necessary, to pick up containers. When no one further came forward to speak, the Mayor closed the hearing to the floor. Council Member Dickens said he would favor exemptions for chipping and composting greenwaste. Mayor Pro Tem Ferrara said education of the public is needed. Council Members Tolley and Runels and Mayor Lady said they were not in favor of exemptions. Mr. Martin said � flyer explaining the new program would be sent to the public and it would contain information about the company going into back yards for pickup; if necessary. Council Member Tolley moved and Council Member Runels seconded the motion to approve the staff recommendation, and eliminate the current exemption policy. _ Voice Vote � Roil Call Vote Ave Lady Ave Ferrara Ave Runels Ave Tolley Ave Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 8. PUBLIC COMMENT PERIOD The following members of the public spoke to the City Council: Mr. Martin asked the Council to take speedy action on the curbside recycling bidding process. Ms. Martin recommended the Council award the main recycling franchise to a new recycter, who would not co-mingle the items collected. 9. CONSENT AGENDA 4 CITY COUNCIL MINUTES MARCH 23, 1999 Council Member Tolley moved and Mayor Pro Tem Ferrara seconded the motion to approve Consent Agenda Items 9.a. through 9.g., excluding 9.f., with the recommended courses of action. Council Member Tolley asked questions concerning the bidding process in Consent Item 9.d. ' a. Cash Disbursement Ratification b. Authorization to Solicit Bids — Recreation Software c. Award of Bid. Utility Service Body d. Authorization to Solicit Bids — The Scenic Creekside Walk Through the Historic Village of Arroyo Grande, Phase IA—project No. 90-97-2 e. City Corporation Yard Fuel Facility Replacement Plan,�y Project No. 80-98-1, Progress Payment No. 2 g. Waiver of Fees — Cardiac and Pulmonary Rehabilitation Department of Arroyo Grande Community Hospital Voice Vote X Roll Call Vote Ave Lady Ave Ferrara Ave Runels . - Ave Tolley Ave Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. f. Consideration of Joint City/County Application for Agricultural Land Stewardship Program (ALSP) Grant Funds Council Member Runels said the programs are already in place, the money may not be available, and the program is not justified. Council Member Dickens said the new program is entirely voluntary, the grant funds would be used to educate the agricultural community, and there would be some tax advantages. Mayor Pro Tem Ferrara said the required 10 percent matching funds would be an advantage to the City and Mayor Lady agreed. Council Member Dickens moved and Mayor Pro Tem Ferrara seconded the motion to approve Consent Item 9.f. 5 � � CITY COUNCIL MINUTES � MARCH 23, 1999 Voice Vote X Roll Call Vote Ave Lady � Ave Ferrara N�Runels Ave Tolley Ave Dickens There being 4 AYES and 1 NO, the motion is hereby declared to be passed. 10 A CONSIDERATION OF GENERAL PLAN AMENDMENT REQUESTS FOR MARTIN AND SAKAMOTO/OKUI Staff comments and recommendation: Mr. Hamiiton recommended Council provide direction to Staff as to whether the two projects could be excluded from the General Plan Update. He said Councii adopted a policy in 1997 that all General Pian amendment requests received by the City after November 14, 1997 be included in the General Plan Update. Ms. Colleen Martin (not the applicant) urged the Council not to approve the requests. Also speaking against approval were Mr. Brown, and Mike Titus, 404 Lierly. Jim McGillis, San Luis Engineering surveyor, spoke for the Sakamoto/Okui families and said homes are encroaching on the farmland and restricted use of certain pesticides is hampering farming. He said the General Plan zone change is needed. William Okui said he stopped farming because of inethyl bromide laws. Council Members were not in favor of the exemption requests. They directed staff to prepare some time frames for the General Plan Update discussion at the next Council meeting. Council Member Tolley moved and Council Member Runels seconded the motion to continue the November 14, 1997 General Plan Update deadline policy. .X�Voice Vote _ Roll Call Vote Ave Lady Ave Ferrara Ave Runels Ave Tolley Ave Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 6 I � CITY COUNCIL MINUTES MARCH 23, 1999 10.6. DISCUSSION REGARDING RELINQUISHMENT OF STATE HIGHWAY 227 Public Works Director Spagnolo recommended Council provide direction to staff. He said Council could relocate the highway or relinquish only a portion of the road. He asked that if the Council wants to consider relinquishment, the matter be added to the City's Capital Improvement Program in order to fund a study. Council Members asked questions of staff and decided a study should be undertaken. Council Member Toiley moved and Council Member Runels seconded a motion to direct Staff to conduct a series of town hall meetings with impacted businesses prior to initiating the relinquishment process, and to make the study part of the Capital Improvement Program. Otis Page, 606 Myrtle, said Council has to be careful in giving up its prerogative on a 227 Bypass. Ms. Martin said the Paulding Middle School Site Council would be interested in the proceedings. John Clark, 224 McKinley, said the school bus barn should be moved. He said he did not get notice of this meeting. He said there should be a mailing to citizens on this matter. After further Council discussion, there was a roll call vote. Ave Lady � Ave Ferrara Ave Runels Ave Tolley Ave Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11 A FORMATION OF A SUBCOMMITTEE TO INVESTIGATE OPTIONS FOR A SENIOR CENTER Staff comments and recommendation: Staff recommended Council authorize formation of a subcommittee to research possible funding sources, designs, and location for a senior center and designate a Council Member to serve on the subcommittee The following members of the public spoke to the Council on this matter: Herman Olave, 222 West Cherry, spoke in favor of a senior multipurpose center. Earl Paulding, La Cresta Drive, spoke in favor and described the centers in other cities. 7 . . ,� � n CITY COUNCIL MINUTES MARCH 23, 1999 Betty Branch, Senior Advisory Commission, said it should be an intergenerational center. Mr. Brown suggested joining with other cities in constructing a center. Council discussion: Council Members discussed the matter and Council Member Dickens described an Idaho center that was built without public funds. Mayor Pro Tem Ferrara suggested bringing this matter to the Joint Councils meeting. Mayor Pro Tem Ferrara suggested Lynn Titus be on the committee. Council Member Toliey moved and Mayor Pro Tem Ferrara seconded the motion to approve the Senior Advisory Commission's recommendation and authorize Council Member Dickens and the Director of Parks and Recreation to organize a subcommittee made up of as many citizens as they think can.accomplish the goal of establishing a multi-purpose center. X Voice Vote Roll Call Vote Ave Lady Ave Ferrara Ave Runels Ave Tolley Ave Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. COUNCIL MEMBERS RECESSED FOR TEN MINUTES FROM 11:10 TO 11:20 P.M. 12. CITY COUNCIL REPORTS (a) MAYOR MICHAEL A. LADY (1) South San Luis Obispo County Sanitation District — Mayor Lady said the District Board is well managed and runs smoothly. (2) Mayors' Meeting — Mayor Lady said Assemblyman Abel Maldonado spoke to the group and is working on returning ERAF money to the cities. (b) MAYOR PRO TEM TONY FERRARA (1) Integrated Waste Management Authority — Mayor Pro Tem Ferrara said a breech of contract by RALCCO is being discussed and a letter will be sent to the State regarding RALCCO's action of taking a large amount of recyclables to the � land fill. 8 CITY COUNCIL MINUTES MARCH 23, 1999 (2) Economic Vitality Corporation — Mayor Pro Tem Ferrara said the members viewed a demonstration on how the Paso Robles and San Luis Obispo economic pians work. (3) Air Pollution Control District — Mayor Pro Tem Ferrara said the Board will meet to discuss toxic rules, funding for the Hearst Castle buses, and will be reviewing staff comments on the electric pickup truck that was tested recently. (c) COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Water Advisory Board — Council Member Runeis said a cross suit has been filed against the City of Santa Maria by an agriculture group in the matter of water rights. In answer to a question by Council Member Dickens, he said it has been learned that the water taken directly out of the Lopez reservoir is better than at the terminal and the Board is applying for a variance. In answer to a question from Mayor Pro Tem Ferrara, he said our water rights battles are fought by the Zone 3 attorney. He said he will arrange to have the attorney attend a City Council meeting to discuss the matter in the near future. (2) County Water Resources Advisory Committee — No report. (d) COUNCIL MEMBER STEVE TOLLEY (1) Long-Range Planning Committee — Council Member Tolley said the Council will receive a report on the General Plan Update Citizens' Survey soon. (2) South County Youth Coalition — No Report. (3) San Luis Obispo Council of Governments — No Report. (3) San Luis Obispo Regional Transit Authority— Council Member Tolley said the SLORTA board discussed an internet policy and the Runabout Contract. (4) League of California Cities — Council Member Tolley said he had attended an Employee Relations Institute Seminar. (e) COUNCIL MEMBER JIM DICKENS (1) South County Area Transit— Council Member Dickens,said the members are studying grant funding for the trolleys and discussed the attendance at the meetings of the City Managers. Mayor Lady said the City Managers' attendance should be an independent decision of each jurisdiction. 13. COUNCIL COMMUNICATIONS (a) Council Member Dickens gave members copies of the testimony on the Conservation and Reinvestment Act of 1999 (H.R. 701) and the Resources 2000 Act (H.R. 798) before the U.S. House of Representatives Committee on Resources. The testimony on March 10, 1999 was by Ralph Grossi, American Farmland Trust. 9 I - - . . n n � _, � CITY COUNCIL MINUTES MARCH 23, 1999 (b) Mayor Pro Tem Ferrara said he has been discussing with Bill Worrell of Integrated Waste Management mandatory recycling by business owners. He aiso said he met with Mr. Worrell, Mr. Hunt, Mayor John Brown and Mike Fuson of Pismo Beach to discuss fast tracking the City curbside recycling bid process. (c) Mayor Pro Tem Ferrara distributed to the Council a plan for economic development. (d) Council Member Runels said he attended an EI Campo Interchange meeting and got the idea that no one from the County or Caltrans wants,it to be constructed, saying it is a local problem. Council Member Ferrara said he wanted to assure the Frederick family he was not planning to impede the project. 14. STAFF COMMUNICATIONS: ' (a) The City Manager asked if there was Council consensus to place the matter of forming an Economic Task Force to Develop an Economic Development Plan on the next agenda. There was consensus to do so. (b) Mayor Lady _said this was.the last meeting for Community.Development Director Hamilton and he wanted to thank him publicly for his work with the City. _ , 15. ADJOURNMENT Council Member Runels moved and Council Member Tolley seconded the motion to adjourn the meeting. Time: 11:52 p.m. _ MICHAEL A. LADY, MAYOR 1 L ifA/�� (/(� • W l.�CfW/ - _ _ V NANCY A. DAVIS, ADMINISTRATIVE SERVICES DIRECTOR 10 I