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Minutes 1998-01-13 483 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 13, 1998 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A. K. "Pete" Dougall presiding. 2, AND 3, FLAG SALUTE AND INVOCATION Ashley Herber, April Okerson, Jasmine Dean, and Jessica Rust of Ta Fra Ha Na Camp Fire Club led the Pledge of Allegiance. The Rev. Joe Bubar of Grace Bible Church delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tem Michael Lady and Council Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff Members present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, new Public Works Director Donald Spagnolo, former Public Works Director John Wallace, Associate Planner Bruce Buckingham, and Financial Services Director Lynda Snodgrass. 5. SPECIAL PRESENTATIONS Mayor Dougall presented a Letter of Appreciation to the Camp Fire Club for leading the flag salute. Club members told about activities of their group. 6, AGENDA REVIEW None. 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. PUBLIC HEARING . TENTATIVE PARCEL MAP CASE NO. 97.544 WOOD INVESTMENTS Associate Planner Buckingham said the Planning Commission recommended the City Council adopt a resolution approving the Tentative Parcel Map Case No. 97- 544. He said the applicant was proposing to create another parcel within the Oak Park Plaza Shopping Center from two of the existing parcels that contain K- 484 CITY COUNCIL MEE:. . ING MINUTES JANUARY 13,1998 Mart and the two-story retail/office building. He said the proposed parcel map would have no affect on the current business operations at the center and future development on the newly-created parcel would require a Conditional Use Permit, which would be reviewed and approved by the City Council. He said the applicant had determined that 573 parking spaces were currently useable, 10 more spaces than the Development Code requires. 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 creating the Tentative Parcel Map were John Koenig of Wood Investments, Long Beach, and Mark Rowson of Latitude 33, La Jolla. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. Council Member Tolley said he wanted to see the Oak Park Plaza thrive, but was worried about approving the parcel map with no project. He said the City might end up with a parcel that never gets developed. Other Council Members and Mayor Pro Tem Lady said approving the parcel map would allow for a potential tenant to move into the center more quickly and the Council would have control of the project through the Conditional Use permit process. It was moved by Lady/Fuller (4-0-1, with Lady, Fuller, Runels, and Dougall voting aye and Tolley voting no) to adopt Resolution No. 3266 Adopting a Negative Declaration; Instructing the City Clerk to file a Notice of Determination, and approving Tentative Parcel Map 97-544, located at 1570 West Branch Street, Applied for by Wood Investments. 8, PUBLIC COMMENT PERIOD Clifford Clark, 1306 Old Oak Park Road, representing the proposed Performing Arts Center, thanked the City for its $10,000 donation to the project, presented a letter of appreciation, and said the City would be recognized as a founder. He invited the City Council to a planning meeting from 8:30 a.m. to noon Saturday, January 1 ih, at the Grover Beach Community Center. He said project backers have collected $4 million so far and ground breaking should begin within a year. 9, CONSENT AGENDA Council Member Tolley requested discussion of Item 9.d. It was moved by Runelsffolley (5-0-0, with Runels, Tolley, Fuller, Lady, and Dougall voting aye) to approve Consent Agenda Items 9.a. through 9.c. and 9.e. through 9.m., with the recommended courses of action. 2 485 CITY COUNCIL MEETING MINUTES JANUARY 13,1998 9.a. Cash Disbursement Ratification. Approved. 9.b. Statement of Investments. Received and filed. 9.c. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility Fund. Cash Report Accepted. Advance approved. 9.e. Grand Avenue, Halcyon Road to Barnett Street, Project 60-70-90-96-7 Progress Payment No. 6 and Notice of Completion. Payment Authorized and staff directed to file Notice of Completion. 9.f. Accept Right-of-Way - Victorian Court. Council adopted Resolution No. 3267 Accepting an Offer of Dedication of Public Road and Right of Way Made by Larry D. Gin and Peter D. Keith and Authorizing the Mayor to Execute a Certificate of Acceptance. 9.g. Resolution Opposing the Government Cost Savings and Taxpayers Protection Amendment. Council adopted Resolution No. 3268 Opposing the So- Called "Government Cost Savings and Taxpayers Protection Amendment." 9.h. Approval of Employment Agreement (City Manager). Approved. 9.i. Adoption of Labor Contract with Service Employees International Union #620. Council Adopted Resolution No. 3269 Adopting a Salary and Benefit Program for Employees Represented by Local 620, Service Employees International Union, Arroyo Grande Chapter, and Repealing Those Sections of Resolution No. 3105 Approved on November 14, 1995 Impacting Said Employees. 9.j. Waiver of Fees - South County Historical Society. Approved. 9.k. Acceptance of Improvements for Parcel Map AGAL 95-078, Farroll Road Group (Morning Rise). Council accepted (on behalf of the City) the Maintenance of Public Improvements Constructed as Conditions to Parcel Map. 9.1. Parcel Map AG 97-056; Water Neutralization Proposal- Kielan. Approved. 9.m. Fee Waiver Request from Kiwanis Club of Greater Pismo Beach. Approved. Council Member Tolley referred to Agenda Item 9.g. Minutes of City Council Meeting of November 12, 1997, and requested a correction. He said the first line under "9. CONSENT AGENDA" should read, "Council Member Tolley said he owned two (rather than several) properties near Rodeo Heights...." It was moved by LadyfTolley and the motion passed unanimously to approve the Minutes of the November 12th, 25th, and December 9th meetings, with the correction. 3 486 CITY COUNCIL MEEJ ING MINUTES JANUARY 13, 1998 10,A, CONSIDERATION OF MOBilE HOME RENT CONTROL ORDINANCE Community Development Director Liberto-Blanck discussed the events leading up to this meeting. She said lease agreements have been signed by 83 percent of the residents of Arroyo Trailer Park; 55 percent of the Vagabond Mobile Home Park, and 91 percent of the Sunrise Terrace Mobilehome Park. Mayor Dougall invited public comment on this issue. Speaking in favor of retaining the present Mobile Home Rent Stabilization Ordinance were Ed Otto, 311 Sunrise Drive, and Charlene Hall, representing the Mobile Home Owners Association. Speaking in favor of repealing the present ordinance were David Evans, Western Mobile Home Park Owners Association, and Larry Garner, representing Edna Williams, owner of the Arroyo Trailer Park. Council Members agreed that since a large percentage of lease agreements had been signed by park renters, the present ordinance should be repealed. It was moved by Tolley/Runels (5-0-0, with Tolley, Runels, Fuller, Lady, and Dougall voting aye) to introduce for first reading an Ordinance of the City of Arroyo Grande Repealing Chapter 16 (Mobile Home Rent Stabilization) of Title 5 of the Arroyo Grande Municipal Code. 10.B. PASEO STREET - DESIGN STANDARDS City Manager Hunt introduced Mr. Spagnolo, new Director of Public Works, and said he was from T emecula. Former Public Works Director Wallace began discussion of the agenda item and said staff recommended the Council approve design standards for Paseo Street, as described in a November 25, 1997 staff report, modified as follows: 1. The portion of the offer of dedication for roadway purposes for Lots 19-24 be held in abeyance until development is proposed for any lot(s) within this section of the properties. 2. An easement for emergency access and maintenance purposes be required at this time across Lots 19-24. Mr. Wallace said at the Council's November 25th meeting this item was continued in order for the owner of Lots 11-18 to discuss the proposed design standards with the owner of Lots 19-24. He said it was necessary for the owners of both sets of lots to agree with the design standards in order to have continuity for the entire length of Paseo Street. 4 487 CITY COUNCIL MEETING MINUTES JANUARY 13,1998 Stanley Bell, property owner, urged the Council to approve the staff recommendation. It was moved by Fuller/Lady and the motion passed unanimously to approve staff recommendations. CITY MANAGER HUNT REFERRED BACK TO ITEM 10,A. TO CONFIRM THAT COUNCil HAD VOTED TO INTRODUCE FOR FIRST READING AN ORDINANCE REPEALING MOBilE HOME RENT STABILIZATION, HE SAID THE ITEM WOULD BE BACK ON THE AGENDA ON JANUARY 27TH. 10.C. FISCAL IMPACT ANALYSIS GUIDELINES Community Development Director Liberto-Blanck said the Fiscal Impact Analysis Subcommittee recommended the Council adopt the Fiscal Impact Analysis Guidelines it had developed. Ms. Liberto-Blanck said on November 12th the Council appointed the subcommittee, which consisted of Council Member Fuller, Planning Commissioner Sandy Lubin, Boyd W. Horne, Larry Anderson, Dwayne Brummett, Ron Hunts, Jeanne L. Watkins, and Dr. Edward Gordon. She said the purpose of the subcommittee was to formulate recommendations regarding standard criteria that should be considered in preparing fiscal impact analysis reports. She said the Guidelines assure that all consultants preparing fiscal analysis reports for the City make the same assumptions, and use the same economic impact methodology. She said the recommended Guidelines identify City policy, projects subject to preparing fiscal impact analysis reports, type of fiscal impact report, issues to be addressed in a fiscal impact analysis report, assumptions, cost and revenue factors, and the economic impact methodology to be used. Council Member Runels expressed concern about the length of time it might take to prepare these reports and Ms. Liberto-Blanck said staff would make an effort to expedite the process. Council Member Fuller said the subcommittee wanted the' Guidelines to help streamline the process and not burden development. It was moved by Lady/Fuller and the motion passed unanimously to adopt the Fiscal Impact Analysis Guidelines. 10,D. ADOPTION OF A RESOLUTION SUPPORTING THE SOUTH COUNTY PERFORMING ARTS CENTER City Manager Hunt said staff recommended the Council adopt a Resolution supporting the South County Performing Arts Center. He said Council at its meeting of December 9, 1997 directed staff to prepare a resolution supporting the Performing Arts Center. 5 488 CITY COUNCIL MEE liNG MINUTES JANUARY 13, 1998 It was moved by Runels/Fuller (4-0-1, with Runels, Fuller, Lady, and Tolley voting aye and Dougall voting no) to adopt Resolution No. 3270 Supporting the South County Performing Arts Center. 10.E, REQUEST FOR FUNDING FROM THE ECONOMIC VITALITY CORPORATION City Manager Hunt said staff recommended the Council consider the Economic Vitality Corporation's (EVC) request for funding in the amount of $10,000 as a Policy Item during the FY 1998-99 budget process, with $5,000 being allocated from the General Fund and $5,000 being allocated from Redevelopment Agency funds. He gave a history of the events leading up to this item and said the EVC is engaged in the following activities that would be of benefit to the City: 1. Business expansion and retention; 2. Business attraction and recruitment; and 3. Regional planning and coordination. Greg Goodwin, President/CEO of the EVC, spoke to the Council about the organization. He said Heather Jensen, Executive Director of the Arroyo Grande Chamber of Commerce and a member of the EVC Board of Directors, was present and could speak to the Council. It was moved by Lady/Fuller and the motion passed unanimously to consider the EVC request for funding in the amount of $10,000 as a Policy Item during FY 1998-99 budget process. 10,F. APPROVAL OF CONTRACT FOR ANIMAL CONTROL SERVICES Police Chief TerBorch said staff recommended the Council approve the contract for animal control services with the County of San Luis Obispo and that the "Level 0" contract for full animal control services be approved for a total cost of $23,000. He said the Council currently has authorized $15,800 for animal control services for FY 1997-98. He said approval of an additional $7,200 was required for a total expenditure of $23,000, with the additional funds being available from expected savings in the Department's Task Force line item ($30,000 budgeted, $4,000 expended year-to-date). Chief TerBorch said due to general dissatisfaction with the County's delivery of services, staff has delayed in recommending approval of a formal contract with the County of San Luis Obispo. He said last November the County Sheriff's Office assumed control of the Animal Services Division from the County Health Agency and there has been a marked improvement in the quality of services from the County. He listed the services that would be covered by a "Level D" contract. He said the City's Police Department had been responsible for these services but was not properly equipped to do the work in a safe manner for employees. He 6 489 CITY COUNCIL MEETING MINUTES JANUARY 13, 1998 said the Public Works Department had been picking up and disposing of dead animals. He said citizens were often frustrated and angry over what they perceived to be "passing the buck" between the City and the Department of Animal Services. He said if the Council approved the additional funding, the new Animal Services Contract would be closely evaluated. After questions by Council Members, it was moved by Runelsrrolley and the motion passed unanimously to approve the staff recommendations. 11.A. REQUEST FROM THE CITY OF GROVER BEACH FOR FUNDING FOR A SOUTH COUNTY ROLLER SPORT FACILITY Interim Parks and Recreation Director Fibich said the Parks and Recreation Commission recommended the Council approve a request from the City of Grover Beach for a $15,000 contribution to build a South County Roller Sport Facility. He said there is $30,000 budgeted in FY 1997-98 for the development of Roller Hockey/Skate Park facilities. Grover Beach Mayor Dee Santos said a roller sport facility is needed for the youth of the South County. She said the City of Pismo Beach and the County also have been contacted to contribute to the building of the facility. Mayor Pro Tem Peter Keith showed an artist's rendering of the proposed facility while he described its location adjacent to the City of Arroyo Grande behind the Burger King Restaurant. He said in addition to providing the site, the City of Grover Beach would fund all maintenance and operating costs, and accept responsibility for liability. Grover Beach Parks and Recreation Director Brian Johnson discussed the funding and described how the facility would be operated. Arroyo Grande Council Members asked questions and made comments. Mayor Pro Tern Lady, with Council Member Fuller expressing agreement, said the City of Arroyo Grande is the location of the South County's library, hospital, and high school and has a parks and recreation budget larger than all three South County cities combined. He said the Performing Arts Center is being built in Arroyo Grande and it would be appreciated if the Cities of Grover Beach and Pismo Beach would consider participation. Council Member Fuller said Arroyo Grande has stepped forward to provide recreation facilities and programs for years and he would like to know that this is a step toward future joint efforts and regional activities. They said they would support approval of the request and hoped there would be Grover Beach involvement in Performing Arts Center funding. Mayor Dougall suggested more financial participation by the business community. 7 490 CITY COUNCIL MEE III\1G MINUTES JANUARY 13,1998 Council Member Runels said the request for $15,000 was a good deal for Arroyo Grande. He said the strategic location next to Arroyo Grande and availability to bus service and fast food restaurants made this an ideal location. He said he supported approval of funds, but if the plans for funding fail, the City should get its money back. Council Member Tolley said the Youth Master Plan includes a statement about building relations among the cities for youth activities. He said he was concerned about the planned lack of supervision at the facility but would approve the funding request. It was moved by Lady/Runels and the motion passed unanimously to approve a request from the City of Grover Beach for a $15,000 contribution to build a South County Roller Sport Facility, subject to an agreement approved by the Arroyo Grande City Attorney and with the acceptance of responsibility for liability by Grover Beach. Grover Beach Finance Director Johnson invited the Council to participate in approaching the City of Pismo Beach and the County Board of Supervisors. Mr. Clark, who spoke to the Council earlier about the Performing Arts Center, pledged $1,000 toward the funding of the Roller Sport Facility and said he would speak with Dick Blankenburg, editor of the local newspaper, and Carrol Pruett, Mid-State Bank Manager, concerning contributions to the facility. 11.8. FEE WAIVER REQUEST FROM COAST CAREGIVER RESOURCE CENTER Interim Parks and Recreation Director Fibich said staff recommended the Council deny the request from Coast Caregiver Resource Center for a waiver of fees for use of the Community Center. He said although the Center has non-profit status and is providing a worthwhile service, the organization only meets three of the five required criteria for a reduction or waiver of fees. He said if the Council denies the request for a waiver, $250.00 rent and $50.00 non-resident fee will be collected. Mayor Dougall said he believed the Center also met Criteria Nos. 3 and 6 and that would be the total of five required criteria. Other Council Members did not agree and said the rules set up for waiving fees should be followed. It was moved by LadyfTolley and the motion passed, with Dougall voting no, to approve the staff recommendation and deny the fee waiver request. 11.C, RANCHO PARKWAY - ROAD CLOSURE REQUEST Council Member Tolley said he had a potential conflict of interest and left the dais. 8 491 CITY COUNCIL MEETING MINUTES JANUARY 13,1998 Former Public Works Director Wallace said staff recommended Council approval of the temporary closure of Rancho Parkway subject to five conditions. He said the closure was requested as part of the Central Coast Town Center project and would allow transfer of earth from one side of Rancho Parkway to the other by large earthmoving equipment. He said all costs would be borne by the Contractor R. Burke Corporation. Tony Ferrara, 759 Via Bandolero, Citizens Committee for Responsible Development, and Jerry Tuft, 542 Avenida De Diamante, Rancho Grande Homeowners Association President, said their organizations were interested in the roadway work being completed as quickly as possible and would support the temporary closure. It was moved by Runels/Lady (4-0-0-1, with Runels, Lady, Fuller, and Dougall voting aye and Tolley abstaining) to adopt Resolution No. 3271 Authorizing Temporary Closure of Rancho Parkway. Council Member Tolley returned to the dais. 11.D, ELM STREET - ROAD CLOSURE REQUEST Former Public Works Director Wallace said staff recommended the Council deny the request to allow temporary closure of Elm Street. He said the request was made by Gin Construction, the developer of the 3D-unit lot line adjustment project at the corner of Elm Street and Farroll Avenue. He said the developer had requested that Elm Street be closed during construction of a cross gutter to enhance public safety. He said staff does not agree that the closure is necessary for the public safety and the available detour routes are excessively circuitous. He said the portion of Elm Street proposed for closure is a primary traffic route and a main traffic link between Oceano and the City of Arroyo Grande. Mr. Keith, partner in Gin/Keith Corinthian Home Builders, and Rick Anacleto, Gin Construction, spoke in favor of the closure and gave copies of maps and photos of the area in question. Council Members questioned Director of Building and Fire Fibich, who said emergency access could be maintained, and Chief of Police TerBorch, who said the volume of traffic that would have to be rerouted through residential streets would be too great. It was moved by Tolley/Fuller and the motion passed unanimously to approve staff recommendation and deny the request to temporarily close Elm Street. 11,E, AMENDMENT TO CHAPTER 4 OF TITLE 1 OF THE ARROYO GRANDE MUNICIPAL CODE City Attorney Carmel said staff recommended the Council introduce for first reading an ordinance amending the general appeal period provision in the 9 492 CITY COUNCIL MEE liNG MINUTES JANUARY 13, 1998 Municipal Code to make it internally consistent with the Development Code appeal period provision. He said the proposed ordinance clarifies that certain administrative decisions that do not involve the exercise of administrative discretion or personal judgment by a City official are not subject to appeal, in conformance with existing law. He said it also requires an appellant to first take up the administrative decision being appealed with the department director concerned and with the City Manager before an appeal to the Council can be filed. It was moved by Lady/Runels (5-0-0, with Lady, Runels, Fuller, Tolley, and Dougall voting aye) to introduce for first reading an ordinance amending Chapter 4 of Title 1 of the Arroyo Grande Municipal Code. 11,F. JOINT CITY COUNCIL, PLANNING COMMISSION, AND TRAFFIC COMMISSION WORKSHOPS Community Development Director Liberto-Blanck said to expedite the review process, there were several policy items that could be addressed at a joint meeting, including the Berry Gardens Specific Plan and Arroyo Linda Crossroads Specific Plan. Council Members discussed various dates and chose February 12th at 7 p.m. 11,G, APPROVAL OF FINAL BUSINESS DEVELOPMENT MARKETING STRATEGY REPORT PREPARED BY APPLIED DEVELOPMENT ECONOMICS Community Development Director Liberto-Blanck said staff recommended the Council approve the final report titled: "Business Development Marketing Strategy Report," prepared by Applied Development Economics, Inc., and provide direction on implementation of the Report's Enterprise Development Program. Ms. Liberto-Blanck said the City received a $35,000 Planning and Technical Assistance Grant from the State of California Community Development Block Grant Program (CDBG) to prepare a business development marketing strategy. She said the City was required to provide a cash match of $5,250. She said implementation of the Program during FY 1998-99 would approximate the $69,400 cost identified in the Marketing Report and it was recommended funding for the Enterprise Development Program be appropriated from the Redevelopment Agency. The money would be used to hire a Business Innovation Specialist responsible for implementing the program. A history of economic development activity in Arroyo Grande was given by Ms. Liberto-Blanck. She discussed the contents of the Report and the suggested Enterprise Development Program. 10 493 CITY COUNCIL MEETING MINUTES JANUARY 13, 1998 Jim King of Applied Development Economics spoke to the Council about the Report. Council Member Runels said he approved of the Report but would not approve the hiring of an employee. Mayor Pro Tem Lady said he appreciated Council Member Runels comments but was fearful the program could become stagnant and not move forward without the recommended employee. Council Member Tolley said it was an excellent Report and agreed with Mayor Pro Tem Lady. He said the Specialist would be critical. Council Member Fuller said it was a fantastic Report and the money was well spent. He said there would be huge benefits by targeting the development the City wants. He said the Specialist could work as a resource to the existing business community and the position would pay for itself. He suggested that the words "Encourage the future Highway 227 Bypass" should be added to the list of Marketing and Business Attraction Recommendations on Page 51 of Report. It was moved by Council Member Tolley to approve the staff recommendation and approve the final report titled: "Business Development Marketing Strategy Report" prepared by Applied Development Economics, Inc. and provide direction on implementation of the Report's Enterprise Development Program. Mayor Dougall asked if Council Member Fuller's suggestion was a part of the motion and Council Member Tolley said no. Mayor Pro Tern Lady seconded the motion and it passed with Tolley, Lady, Runels, and Dougall voting aye and Fuller voting no. City Manager Hunt said the Enterprise Development Program would be on the February 10th Council agenda. 12, COUNCIL COMMUNICATIONS Council Member Tolley said the Long Range Planning Committee had requested that a member of the agriculture community be appointed to the body. He said he would recommend an appointment at the January 27th Council meeting. 13,STAFF COMMUNICATIONS None. 14.ADJOURNMENT It was moved by Fullerrrolley and the motion passed unanimously to adjourn the meeting at 11: 15 p.m. 11 494 CITY COUNCIL MEE , ..-JG MINUTES JANUARY 13, 1998 'f1 a, ~ NANCY ~, CITY CLERK 12