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Minutes 1999-06-22 --- - . CITY COUNCIL MINUTES TUESDAY, JUNE 22, 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 7:50 p,m. 2, ROLL CALL City Council: .x. Council Member Runels .x. Council Member Tolley .x. Council Member Dickens .x. Mayor Pro Tern Ferrara .x. Mayor Lady STAFF PRESENT ' ..lLCity Manager ..lLCity Attorney .lLDirector of Administrative Services .lLChief of Police ..lLDirector of Building and Fire - - ..lLlnterim Director of Community Development .lLDirector of Public Works ..lLDirector of Parks and Recreation _Director of Financial Services 3. FLAG SALUTE Mark Farias, Fire Division Chief, Arroyo Grande Fire Department, led the Pledge of Allegiance. =. 4. INVOCATION Pastor Randy Ouimette, St. John's Lutheran Church, delivered the Invocation. 5. SPECIAL PRESENT A TIONS a, Donation from American Youth Soccer Organization (A YSO).Joe Steed, A YSO Five Cities Region 83, presented ~ donation of $2,000. to the Arroyo Grande Parks and Recreation Department on behalf of the A YSO Board, Mr. Steed gave an overview of the A YSO soccer league, handed out A YSO Handbooks to the Council, and thanked the City for its support. b. Mayor Lady introduced Mark Farias as the new Fire Divisjon Chief and welcomed him to the City of Arroyo Grande. - -----,----------"--_.,---,.---_.."- . . CITY COUNCIL MINUTES JUNE 22, 1999 6. AGENDA REVIEW City Manager Hunt stated that there was a typographical correction to the Exhibit attached to the Resolution on Item 9.c, 6,A, RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y Mayor Pro Tern Ferrara 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 - UPDATE OF THE CITY'S BUILDING CODES BY ADOPTION OF AN ORDINANCE REVISING TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE Building and Fire Director Fibich highlighted the Staff Report and stated that staff recommended the Council conduct the required public hearing and then adopt the Ordinance amending Chapter 1 of Title 8 of the Municipal Code. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady opened the Public Hearing, Hearing no comments from the public, the Mayor closed the hearing to the floor. Council Member Tolley moved to approve the Ordinance adopting by reference the 1997 Editions of the "Uniform Administrative Code", "Uniform Building Code" (Volumes 1, 2 and 3) and its Appendix, "Uniform Mechanical Code", Uniform Code for Building Conservation", "Uniform Plumbing Code", and the 1996 Edition of the "National Electric Code". Council Member Runels seconded the motion. _Voice Vote LRolI Call Vote AyLLady AyLFerrara ~Runels - An-Tolley -- ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 8, CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS John Clark, 224 McKinley, spoke about the need for a pathway system on the south side of the creek through the Village. He said that the Scenic Creekside Walk project to be approved tonight would not be ready for this summer for the tourists. He suggested a temporary pathway be constructed and a split rail fencing be put in place for safety. Glen Martin, 855 Olive, spoke about an upcoming girls. softball league tournament. He said City staff would be preparing the fields for use in the 2 . CITY COUNCIL MINUTES JUNE 22, 1999 morning; however, after that there was no water availability throughout the day to maintain dust. He said volunteers from the League were available and willing tp help prepare and maintain the fields for use throughout the weekend tournament. He requested the volunteers have access to water resources for this purpose. 9. CONSENT AGENDA Council Member Runels moved and Council Member Dickens seconded the motion to approve Consent Agenda Items 9a. through 91. with the recommended courses of action, a, Cash Disbursement Ratification, Approved. b, Minutes of City Council Meetings of June 8, 1999 and June 10, 1999. , Approved. c, Consideration of Salary Adjustments for Part-Time Employees. Resolution 3372 adopted. d. Proposed Increase in Fire Fighters Rates of Pay. Resolution No. 3373 adopted. e. Authorizing the Temporary Closure of Virginia Drive Between 826 Virginia Drive and 856 Virginia Drive on July 4, 1999 for a Block Party. Resolution No. 3374 adopted, f. Authorization to Apply for Federal 1999 Local Law Enforcement Block Grant Funds. Approved, g, Progress Payment.. City Corporation Yard Fuel Facility Replacement Plan, Project No. 80-98-1. Approved. h, Award of Bid - Spring 1998/99 Slurry Project. Approved. i, Award of Bid - - J.C. Landscaping for City Parkways and Medians. Approved. j, Authorization to Solicit Bids - Electric Vehicle. Approved. k, Award of Bid - Scenic Creekside Walk Phase 1A, Project No. 90-97-2. Approved. I. SHAlSTP Cooperative Agreements. Resolution No. 3375 adopted. _Voice Vote - lLRolI Call Vote AyLLady ~Ferrara ~Runels An-Tolley AyLDickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10.a, CONTINUED BUSINESS - DIXSON RANCH APPLICATION FOR A STATE AGRICULTURAL LAND STEWARDSHIP PROGRAM (ALSP) GRANT Council Member Dickens announced that due to a potential conflict of interest on this item he would step down from the dais. 3 . . CITY COUNCil MINUTES JUNE 22,1999 Interim. Community Development Director Engen highlighted the Staff Report. He said that staff recommended. the City Council adopt a resolution supporting ,th~ application of the Dixson Ranch Agricultural Preserve for a State grant to acquire development rights through a conservation easement.' Interim Director Engen stated that a representative from American Farmland Trust was in the audience and could answer questions. Mayor lady opened up the discussion for public comment. Greg Kirkpatrick, American Farmland Trust, explained that he had attended a workshop in Arroyo Grande earlier this year on farmland protection. He said he had been working with the applicant and the Resource Conservation District on developing this application. He stated that the resolution before the Council was an essential first step in the easement process. He explained that the funding grant from the State of California's Agricultural land Stewardship Program is dependent on support from the City for the grant to be awarded. He spoke in favor of the Council approving the resolution. Sara Dickens, property owner of 769 Branch Mill Road, submitted a letter for the record urging the Council's affirmative vote of a resolution approving the Dixson Ranch. application for a State Agricultural land Stewardship Program (AlSP) Grant. Hearing no further comments, Mayor Lady closed the public discussion. Council questions and discussion included what the policies are on the use of pesticides; affects on adjacent property values; buffer zones; if there is any financial benefit to the City; the City's Right to Farm Ordinance; General Plan land Use policies and objectives; and farmland preservation. Mayor Pro Tern Ferrara said that Mr. Kirkpatrick had clarified that American Farmland Trust did not want to move ahead with the application if it was inconsistent witt' City policy. He said farmland preservation is seen in the City's current Genera1 Plan, is emerging in the update of the new land Use Element of the General Plan, and is in line with the City's philosophy to protect agriculture. . He spoke in support of adopting the resolution. Mayor lady commented and clarified that if the Council moved forward and adopted the resolution, it only allowed the applicant to move forward with the State grant application and does not guarantee that the State will approve it. Interim Director Engen clarified that the adoption of a supporting resolution by the local agency was a prerequisite for the State application. 4 -~-._..-- . CITY COUNCIL MINUTES JUNE 22,1999 Council Member Tolley moved to adopt a resolution supporting the submittal of an application for grant funds from the California Department of Conservation'$ Agricultural land Stewardship Program for the Dixson Ranch Agricultural Preserve. Mayor Pro Tern Ferrara seconded the motion. _Voice Vote LRolI Call Vote Aye Lady Aye Ferrara No Runels Aye Tolley Absent Dickens There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Dickens returned to the dais, 10,b. PROPOSED ORDINANCE LIMITING NON-TAXABLE SALES IN RETAIL STORES EXCEEDING 90.000 SQUARE FEET Interim Community Development Director Henry Engen highlighted the Staff Report. He stated that staff recommended the Council: 1; find that the proposed ordinance limiting the amount of non-taxable sales for - retail stores exceeding 90,000 square feet is consistent with the General Plan; 2. introduce for first reading by title only the attached draft ordinance amending the text of the Development Code to add a section under Chapter 9-11 Specific Use Development Standards entitled: Limitations on Retail Stores in Excess of 90,000 Square Feet; and 3, direct the Administrative Services Director to file a Notice of Exemption with the County Recorder. Council Member Tolley asked if this could be accomplished through the Conditions of --Approval for an individual project. Interim Director Engen responded yes; however, it is better to call out it out specifically in ~he General Plan or by ordinance, Mayor Lady opened up the discussion for public comment. Tim Brown, 125 Allen, stated his concern that big box stores ~ould violate the ordinance since the proposed fine of $500 could be considered the cost of doing business. He said the fine may not be enough of a deterrent. He suggested a fine that would be more punitive if the ordinance was violated. Gail Lightfoot, 849 Mesa Drive, spoke in opposition to the proposed ordinance and urged the Council to take a more flexible approach. " 5 --..-- CITY COUNCIL MINUTES JUNE 22,1999 Chris Ivey, 2244 Rancho Lomas Way, stated he was encouraged by the changes that were made to the ordinance. He said that this ordinance provides 11)0r~. protection to the City. He passed out literature to the Council explaining the "Multiplier Effect" which represents the number of times sales tax is generated from a locally owned business sale and is re-circulated throughout a community. He spoke in favor of adopting the proposed ordinance, Glen Martin, 855 Olive, stated his concern that the City w.as legislating for or against a specific industry. He noted that the report indicated that Arroyo Grande's existing stores are not in violation of the proposed ordinance. He stated that he was not convinced that the ordinance would resolve the issue, and he agreed with Council Member Tolley about conditioning projects on a case by case basis. Hearing no further comments, Mayor Lady closed the public discussion. Mayor Pro Tern Ferrara stated that the City needs to protect its sales tax base and shield the small businesses. He recommended changing the amount of $500 for liquidated damages per' day for each day a violation occurs back to $1,000. He said he was in favor of the proposed ordinance. Council Member Dickens spoke about redevelopment efforts and the future of the Grand Avenue corridor. He stated the City needs to protect what it has. He spoke in favor of the ordinance and stated it will offer protection to the City. Mayor Lady spoke in favor of the proposed ordinance and said it would protect the heritage of the community. He also agreed that the liquidated damages for a violation of the ordinance should be raised to $1,000 per day. Mayor Pro Tern Ferrara moved to approve the proposed adoption of an ordinance limiting non-taxable sales in retail stores exceeding 90,000 square feet (Development Code Amendment 99-001), He further moved ~o amend the ordinance on page 3, section E.1., to change the amount for liquidated damages from $500 per day for each day a violation occurs to $1,000 per day for each day a violation occurs, as proposed in the original . draft. Mayor Pro Tern Ferrara introduced the Ordinance by title only for first reading. Council Member Dickens seconded the motion. _ _Voice Vote LRolI Call Vote An-Lady An-Ferrara AyLRunels H2-Tolley ~Dickens 6 . CITY COUNCIL MINUTES JUNE 22, 1999 There being 4 A YES and 1 NO, the motion is hereby declared to be passed. ." . Mayor Pro Tern Ferrara moved to make the finding that the proposed' ordinance limiting the amount of non-taxable sales for retail stores exceeding 90,000 square feet is consistent with the General Plan. Council Member Dickens seconded the motion. _Voice Vote LRolI Ceill Vote AyLLady AyLFerrara ~Runels H2-To II ey ~Dickens There being 4 A YES and 1 NO, the motion is hereby declared to be passed. 10.c. AWARD OF BID - GRAND AVENUE. ELM "STREET TO HALCYON ROAD. PROJECT NO. 60-70-90-98-6 Director of Public Works Spagnolo highlighted the Staff Report, He stated that staff recommended the City Council: 1. Award the contract to Whitaker Contractors, Inc. in the amount of $1,707,525; 2. Authorize a contingency of $170,750 for use only if needed for unanticipated - costs during the construction phase of the project. 3. Approve funding alternative 1; and 4. Direct staff to issue the Notice of Award and Notice to Proceed Council questions and discussion included the use of fund savings from the slurry seal project as contingency funds for the Grand Avenue project. Director. Spagnolo explained the funding proposed in Alternative 1 which would use the cost savings from the Spring 1998/99 Slurry Seal project and a portion .of the Grand Avenue (I?hase III) 1998 STI~ Augmentation funds. -- . City Manager Hunt clarified that all of the capital improvement p'rojects in the Fiscal Year 1998/99 Slurry Seal project were accomplished and funds remaining could be used for contingencies. Mayor Lady opened the discussion for public comment. Hearing no comments, he closed the public discussion to the floor. Council Member Runels moved to approve staffs recommendations. Mayor Pro Tem Ferrara seconded the motion. 7 . . CITY COUNCIL MINUTES JUNE 22, 1999 _Voice Vote LRolI Call Vote ~ Lady AyJA Ferrara Ayj1 Runels Ayj1 Tolley Ayj1 Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.a. NEW BUSINESS: FEE WAIVER REQUEST - SPECIAL OLYMPICS Parks and Recreation Director Hernandez highlighted the Staff Report. He explained that the applicant had met four out of five criteria for a fee waiver. He stated that staff recommended the Council provide direction on the request for a fee waiver for the use of the City of Arroyo Grande and Woman's Club Community Cente~ on Friday, July 9, 1999. Mayor Lady opened up the discussion for public comment. Tim Brown, 125 Allen, stated that he has an eight-year-old son who participates in Special Olympics. He spoke in favor of granting the waiver or reducing th~ fee. Dick Blankenburg, founder of Special Olympics, stated that Special Olympics was celebrating its 30th Anniyersary and was holding events all over the County. He said he thought the Council had already approved this fee request. He stated that the event would be a dance for Special Olympians primarily from the South County. Hearing no further con:tments, Mayor Lady closed the public discussion to the floor. There was consensus from the Council that the event was.a worthy cause and serves many South County residents. Council Member Dickens suggested bringing the issue of fee waivers back to the Council for establishing guidelines with an option to reduce fees instead of granting waivers of the full amount. Council M~mber Tolley moved to approve the fee waiver request from Special Olympics of San Luis Obispo County for use of the City of Arroyo Grande and Woman's Club Community Center on Friday, July 9, 1999 from 5:00 p.m. to 10:00 p.m. Council Member Dickens seconded the motion. '- 8 . CITY COUNCIL MINUTES JUNE 22, 1999 - Voice Vote LRolI Call Vote ~ Lady .AyJL Ferrara Aye Runels AyJL Tolley AyJL Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.b. PROPOSED GUIDELINE CHANGES FORTHE SENIOR TAXI PROGRAM Parks and Recreation Director Hernandez highlighted the Staff Report. Hestated that the Senior Advisory Commission recommended the Council forward proposed Senior Taxi Program guideline changes to the SCAT Board for its consideration. Council questions and discussion included the Senior Taxi Program's fee structure, age limit, hours of operation, apparent abuses of the program, and City subsidizing of regional transit programs. Council Member Dickens commented that he had a concern with placing values on where a person can and cannot go. He said the program was developed for people who are unable to manage other public transportation options. Mayor Lady clarified that any proposed changes to the program -would be recommended to the SCAT. Board for their consideration. Council Member Runels moved to approve the Senior Advisory Commission's recommendation to forward proposed Senior Taxi Program guideline changes to the SCAT Board for its consideration. Council Member Tolley seconded the motion. Voice Vote-- LRolI Call Vote ~ Lady N2- Ferrara AyjL Runels AyJL Tolley 'No Dickens There being 3 A YES and 2 NOES, the motion is hereby declared to be passed. 9 CITY COUNCIL MINUTES JUNE 22, 1999 11,c, PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM THROUGH THE COUNTY CONSORTIUM Interim Community Development Director Engen highlighted the Staff Report. He stated that there was a typographical error in the title of the Cooperation Agreement. The term of the Agreement would be through the year 2002, not 2003. He said that staff recommended the Council approve the Cooperation Agreement with San Luis Obispo County for the next three years. Mayor Lady opened up the discussion for public comment. Hearing no' comments, he closed the public discussion to the floor. Council Member Tolley moved to approve the Cooperation Agreement with San Luis Obispo County for the next three years. Council Member Runels seconded the motion. - Voice Vote )LRolI Call Vote AyjL Lady AyJL Ferrara AyjL Runels AyJL Tolley AyjL Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11.d. DRAFT DRAINAGE MASTER PLAN Public Works Director Spagnolo highlighted the Staff Report. He stated th~t staff recommended the Council authorize the distribution of the Draft Drainage Master Plan, and direct staff to return in approximately 45 days with a summary of public comments, make any modifications deemed necessary or appropriate, and approve the Drainage Master Plan. Mayor Lady opened up the discussion for public comment. J. Johnson, 1208 Huasna Road, stated he did not own any property in. the drainage areas; however, he had spoken to staff over the past year about the Newsom Springs drainage area. He gave a' history on water drainage into town before going into the Newsom Springs Creek, He encouraged the Council to go out to the site before approving the drainage plan, look at how it turns the water into town, and then ask staff to fix it right the first time. He said the water should be going from the mountains directly into the creek, not from the mountains, into town, and then into the creek. Gail Lightfoot, 849 Mesa Drive, asked if this item would come back as a public hearing item. She said that in glancing at the draft drainage plan, it struck her that there were more creeks that were coming down into one drain, which seemed 10. . CITY COUNCIL MINUTES JUNE 22, 1999 like a poor plan. She also commented that she would like to see Los Berros Creek restored. Tim Brown, 125 Allen, asked for clarification about how much time the public would have to review the document before Council approves it. City Manager Hunt explained that the document will be distributed to the Chamber of. Commerce, the South County Library, and the Building Industry Association for a 45-day public review and comment period, L.E, Vandeveer, 756 Myrtle, stated that he supported J, Johnson's comments about Newsom Springs, Hearing no further public comments, Mayor Lady closed the discussion to the floor. Council Member Dickens requested two minor corrections in the document: - On page 5, second paragraph, first line, change "through" to "thorough". - Throughout the document it references "Dixon Street Basin"; change spelling of "Dixon" to "Dixson". Council Member Dickens stated that there is reference' made . through the document to two different types of basins. He recommended adding to the document the definitions of infiltration (retention) and retarding (detention) basins. He further stated that the document references "suitable soil types_" for infiltration basins, and he asked what soil types are suitable, He said this would be helpful to know when considering future development: Lastly, he said that the list in Figure 2 identifying the existing infiltration and retarding basins is not 1 00% complete due to new development, He referred to the Ellsworth development adjacent to his property, which is not noted in the document. City Manager Hunt recommended the Council extend the public review period to 60 days in order to allow more time for staff to incorporate changes to the document that Council requested, Council Member Dickens' stated that he wo~ld be able to' participate in discussions about the Draft Drainage Master Plan document; however, he would not be able to make specific comments relating to. Newsom Springs due to a potential conflict of interest. Mayor Pro Tem Ferrara moved to authorize the distribution of the Draft Drainage Master Plan, and direct staff to return in approximately 60 days with a summary of public comments, make any modifications deemed necessary or appropriate, and approve the Drainage Master Plan, Council Member Runels seconded the motion. 11 CITY COUNCIL MINUTES JUNE 22, 1999 - Voice Vote LRolI Call Vote . . . An.. Lady An.. Ferrara An.. Runels ~ Tolley AyL Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS: a, -MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District. Mayor Lady reported that the last meeting . was held at the plant. Reviewed Preliminary Budget for 1999-2000 (2) Other. Mayor Lady reported that he and members of the Chamber of Commerce and Community Development Department visited three businesses in the City. He said several Grand Avenue businesses expressed concern about the upcoming capital improvement project. b. MAYOR PRO TEM TONY M, FERRARA (1) Integrated Waste Management Authority Board. No report. (2) Economic Vitality Corporation. No report, (3) Air Pollution Control District (APCD). No report. (4) Economic Development Task Force Kick-off meeting was held with a good turnout. During the meeting, the purpose of the Task Force was determined and materials distributed, Next meeting will be July 1st. c. COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Advisory Board. Council Member Runels reported that the City of Pismo Beach had voted not to place the remaining debt on the tax roll. He also reported that the Zone 3 water line has had some problems. (2) County Water Resources Advisory Committee (WRAC). No report, d, COUNCIL MEMBER STEVE TOLLEY (1) Long-Range Planning Committee. Next meeting is scheduled for July 22, 1999 at 7:00 p.m. (2) South County Youth Coalition, Held workshop on the Youth Master Plan, (3) San Luis Obispo Council. of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). No report. e. COUNCIL MEMBER JIM DICKENS (1) South County Area Transit. Presentation by Cal Poly interns on proposed route changes to be held June 23, 1999 at 3:00 p.m. 12 ----.- -- . CITY COUNCIL MINUTES JUNE 22, 1999 e. COUNCIL MEMBER JIM DICKENS (continued) (2) Economic Development Committee/Chamber of Commerce. No report. (3) Other - Community Recreation Center Subcommittee. No report. Next meeting to be held on June 24th at 6:30 p.m. I 13. COUNCIL COMMUNICATIONS None. 14. STAFF COMMUNICATIONS None, 15. ADJOURNMENT Council Member Runels moved, Council Member Tolley seconded, and the motion passed unanimously to adjourn the meeting. Time: 10:07p,m. MI~~~~ - ATTEST: ~ KELL RE, ADMINISTRA riVE SERVICES DIRECTOR! DEPUTY CITY CLERK , 13