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Minutes 1998-07-14 9.e. CITY COUNCIL MINUTES TUESDAY, JULY 14, 1998 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 Christina and Jerry Kaufman of Ramona Chapter No. 97, Order of Eastern Star 3. INVOCATION Reverend Joseph Butters of St. Patrick's Catholic Church 4. ROLL CALL Council: X Dougall X Lady X Fuller X Runels X Tolley STAFF PRESENT X City Manager X City Attorney X City Clerk X Chief of Police X Director of Building and Fire X Director of Community Development X Director of Public Works X Director of Parks and Recreation X Director of Financial Services 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. Q.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Runels moved, Council Member Tolley 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. CITY COUNCIL MINUTES JULY 14, 1998 7. PUBLIC HEARING TO CONSIDER APPROVAL OF AMENDED PLANNED SIGN PROGRAM 92-104 (K-MARS Staff comments and recommended action: Staff recommended approval of an Amended Planned Sign program. The sign will read "BIG K" and will be 152 square feet. 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. The following members of the public spoke to the Council on this matter: When no one came forward to speak, the Mayor closed the hearing to the floor. Council Member Fuller moved and Council Member Tolley seconded the motion to adopt_Resolution No. 3308 Approving Planned Sign Program Case No. 92-104, Applied for by K-Mart, located at 1570 West Branch Street. _Voice Vote X Roll Call Vote Yes Dougall Yes Lady Yes Fuller Yes Runels Yes Tolley There being 5 AYES and 0 NOES, Resolution No. 3308 is hereby declared to be adopted. 7.13. PUBLIC HEARING TO RECEIVE COMMENTS ON AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ECONOMIC DEVELOPMENT PLANNING TECHNICAL ASSISTANCE FUNDS Staff comments and recommended action: City would receive approximately $35,000; matching funds of $5,600 are required; the grant would be used for a home-based and small business assistance plan. Staff recommended Council approve the application. 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. When no one came forward to speak, the Mayor closed the hearing to the floor. Council Member Tolley moved and Council Member Runels seconded the motion to: adopt Resolution No. 3309 Approving an Application for Funding for a Home- Based and Small Business Development Plan and the Execution of a Grant 2 CITY COUNCIL MINUTES JULY 14, 1998 Agreement from the Planning/Technical Assistance Allocation of the State CDBG Program. _Voice Vote X Roll Call Vote Yes Dougall Yes Lady Yes Fuller Yes Runels Yes Tolley There being 5 AYES and 0 NOES, Resolution No. 3309 is hereby declared to be adopted. 7.C. PUBLIC HEARING WATER DEMAND NEUTRALIZATION POLICIES/PROGRAMS FOR NEW DEVELOPMENT Staff comments and recommended action: Staff said any water usage above historical usage should continue to be mitigated, and that an in-lieu fee should be established for all new development to allow for ease of administration and less processing time. Staff recommended that Council approve, in concept, the revised water neutralization program and direct staff to return with specific measures to implement the program. 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. The following members of the public spoke to the Council on this matter: Kirk Scott of 520 Via Vaquero When no one further came forward to speak, the Mayor closed the hearing to the floor. Council discussion: Council Members said the fee should be assessed with no option; the program should follow the General Plan; the City should not trade dollars for gallons; the City should join with other cities in a water reclamation program or a program to replenish the underground water; an incentive program should be developed for citizens to double-plumb new houses to use "gray water." Council Member Runels moved and Council Member Fuller seconded the motion to direct staff to develop a program for water neutralization of all new development with water requirements in excess of historical usage and allow the developer/applicant the option to pay a fee or develop his own plan for water 3 CITY COUNCIL MINUTES JULY 14, 1998 neutralization. The motion also included authorization to staff to allow developers an interim program to pay an in-lieu fee until the permanent water neutralization program is in place. X Voice Vote Roll Call Vote Yes Dougall Yes Lady Yes Fuller Yes Runels Yes Tolley 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 on the matter: Bill Foster of 102 Via Bandolero Subject: Agenda Item 11.A. Tim Brown of 125 Allen Street Subject: General Plan Update Otis Page of 606 Myrtle Street Subject: 1998 Election Candidates' Platforms 9. CONSENT AGENDA Council Member Lady moved and Council Member Runels seconded the motion to approve the following Consent Agenda Items 9.a. through 9.m., with the recommended courses of action. _Voice Vote X Roll Call Vote Yes Dougall Yes Lady Yes Fuller Yes Runels Yes Tolley There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.a. Cash Disbursement Ratification. 9.b. Statement of investment Deposits. 9.c. Minutes of June 9th special Meeting, June 18th Joint City Council/Planning Commission Meeting, and June 23rd Special Meeting. 4 CITY COUNCIL MINUTES JULY 14, 1998 9.d. Confirmation of Assessments — Resolution Nos. 3310 Confirming a Landscaping Assessment (Tract 1158 Oak park Villas) and 3311 Confirming a Landscaping and Lighting Assessment (Tract 1769 Farroll and Oak Park Boulevard). 9.e. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility Fund. 9.f. Claim Against City—Antal Tarjan. 9.g. Claim Against City—Arlene Costa. 9.h. Authorization to Solicit Bids for 1998 Sport Utility Vehicle. 91 Scene Creekside Walk Through the Historic Village of Arroyo Grande — Fund Transfer Agreement — Resolution No. 3312 Approving State Funded Transportation Enhancement Activities (TEA) Agreement Number T-5199(002) for Phase 1 of the Scenic Creekside Walk Through the Historic Village of Arroyo Grande Project. 9.j. Authorization to Issue Requests for Proposals (RFP): Water and Sewer Rate Study. 9.k. Street Seal-Coat Project, Project No. 90-97-1, Progress Payment No. 2. 9.1. Final Parcel Map Approval — AG 96-0134; 2221224 South Elm Street (Horizon Multi-Housing, LLC). 9.m. Disadvantaged Business Enterprise Program Plan for FY 1998-99. 10. A. STREET SWEEPING ANALYSIS Staff comments and recommendation: Staff gave street sweeping cost figures (1) using current contracted services ($45,700), (2) using another contract service ($52,500), (3) using new in-house equipment and a City employee ($89,500), and (4) using used in-house equipment and a City employee ($72,100). The 1998-99 Annual Budget contains $56,000 for street sweeping. It was recommended the Council provide direction to staff. Council discussion: Council Members were not in favor of using City equipment and staff to do the sweeping because of the high cost. The following members of the public spoke to the Council on this matter: Dane Phillips of Aerostar, the City's current Street Sweeping Contractor. Sean St. Denis of Sean's Sweeping Service Council Member Lady moved and Council Member Runels seconded the motion that the Street Sweeping Contract be negotiated taking into consideration frequencies of sweeping, center lines, special sweeps, and analysis of the two types of equipment to bring the City streets up to a certain level of performance, and bring the matter back to the Council for consideration. The motion also included authorization to continue with the current contractor on a month-to- month basis until a new contract is negotiated. X Voice Vote 5 CITY COUNCIL MINUTES JULY 14, 1998 Roll-Call Vote YesDougall YesLady YesFuller YesRunels YesTolley There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11. A. DONATION OF FILL MATERIAL FROM SHETLER CONSTRUCTION Staff comments and recommendation: Shetler Construction offered a donation of 70,000 cubic yards of fill material to semi-level the Rancho Grande Park property. Staff recommended acceptance of the donation and said it would result in a net savings of $300,000 to $500,000 since grading and importation of fill would be necessary regardless of proposed amenities to develop the park. Council Member Tolley said he had a potential conflict of interest in this matter and left the dais. Council discussion: Council Members said more complete figures are needed on the grade of the land; leveling the land would destroy the natural terrain; residents needed to be noticed of this meeting; a park plan is needed before accepting the fill material, and Mr. Shetler should be asked to keep his offer open in case some fill material is needed in the future. The following members of the public spoke to the Council on this matter: Don Ritter of Shetler Construction Mr. Foster of 102 Via Bandolero Karen Lang of 146 146 Avenida De Diamante Mr. Scott of 520 Via Vaquero Maurice Philips of 158 Avenida De Diamante Pat Dempsey of 436 Collado Corte John Lang of 146 Avenida De Diamante Mr. Brown of 125 Allen Street Fabbian Detweiler of 202 Avenida De Diamante Holly Black of Avenida De Diamante Jim Suovanen of 422 Collada Corte Sharon Rude of 134 Avenida De Diamante Sandy Lubin of 138 Via Bandolero Ron Nishida of 122 Avenida De Diamante Council Member Runels moved and Council Member Lady seconded the motion that the staff recommendation be rejected. 6 CITY COUNCIL MINUTES JULY 14, 1998 _X-Voice Vote Roll Call Vote Yes Dougall Yes Lady Yes Fuller Yes Runels AbstainTolley There being 4 AYES, 0 NOES, and 1 abstention, the motion is hereby declared to be passed. 11. B. REQUEST BY JOE DELUCIA FOR WAIVER OF FISCAL IMPACT REPORT Staff comment and recommendation: Staff recommended the Council approve the waiver request based on the small size of the project. Council discussion: In order to protect the integrity of the City's Fiscal Impact Analysis Guidelines Program, the Council agreed that the Guidelines specified that the Planning Commission is the body with the power to waive the requirement for a fiscal impact analysis. The Developer said he would withdraw his request at this meeting and go back to the Planning Commission. Council said if his request was denied by the Planning Commission, Council could hear his appeal at the July 28th Council Meeting, The following members of the public spoke to the Council on this matter: Joe DeLucia of 1042 Palm Street Mr. Lubin, Chair of the Planning Commission 11.C. ELECTRIC DEREGULATION Staff comments and recommendation: Staff recommended the Council (1) approve the short term Alternative 1: Direct access "Selection Aggregation" plan as presented in the City of San Luis Obispo Electric Deregulation report, and (2) designate the Director of Public Works as the City representative on the proposed Regional Evaluation Committee (long term plan). Council discussion: Council Members said it is important to move forward on a regional strategy. Council Member Runels moved and Council Member Lady seconded the motion to approve staff recommendations. X Voice Vote Roll Call Vote Yes Dougall 7 CITY COUNCIL MINUTES JULY 14, 1998 Yes Lady Yes Fuller Yes Runels Yes Tolley There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. COUNCIL COMMUNICATIONS 1. Discussion of the General Plan Update Process. Council Member Lady said the Update process has been sidetracked and asked for the issue to be made the subject of a Public Hearing. Council Member Tolley said the Long Range Planning Committee and the General Plan Update Core Group will be meeting on July 27t to discuss ways to find out what the community wants in the City's General Plan. City Manager Hunt said a Public Hearing could be set for August 11th. There was Council consensus to allow the Long Range Planning Committee and the Core Group to work on the General Plan Update input issue and for the Council to hold a Public Hearing on August 11th. 2. Council Member Runels said the Zone 3 Water Advisory Board met on July 9th and discussed the seismic repair of Lopez Dam. He said the estimated cost still is set for$20 to $30 million. 13. STAFF COMMUNICATIONS None. 14. ADJOURNMENT Council Member Fuller moved, Council Member Tolley seconded, and the motion passed unanimously to adjourn the meeting. Time: 11:20 p.m. A. K. "PETE" DOUGALL, MAYOR NANCY A. DAVIS, CITY CLERK 8