Minutes 1995-11-14
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MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY, NOVEMBER 14, 1995
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL [
The ?ity Council of the City of Arroyo Grande met for a Special
Meet1ng at 6:45 p.m., with Mayor A. K. "Pete" Dougall presiding."
1. CLOSED SESSION
Mayor Dougall; Mayor Pro Tem James Souza, City Council Members
Drew Brandy, Michael Fuller, and Michael Lady; City Manager
Robert L. Hunt; City Attorney Roger Lyon, and Chief of Police
Rick TerBorch adjourned to a Closed Session on the following:
(a) Conference with Labor Negotiator: Gov. Code Sec. 54957.6
Agency Negotiator: Chief TerBorch
Employee Unit: Part-Time Employees
2. ADJOURNMENT
The city Council reconvened at 7:15 p.m. after the Closed Session
and adjourned to the Regular City Council Meeting at 7:30 p.m.
City Attorney Lyon said there was no reportable action taken in
Closed Session.
REGULAR MEETING OF THE CITY COUNCIL
1. Cl'T.T. TO ORDER
The City Council began its Regular Meeting at 7:30 p.m., with
Mayor Dougall presiding.
2. AND 3. FLAG SALUTE AND INVOCATION
Camp Fire Girls, En-Le-Tri-Ay and All Stars; Sharon Naccarati,
Leader; led the Pledge of Allegiance to our Flag. The Rev. Jared
Hoover of First Assembly of God Church delivered the invocation.
4. ROLL CALL
Present with Mayor Dougall were Mayor Pro Tem Souza, Council
Members Brandy, Fuller, and Lady. Staff Members present were
City Manager Hunt, City Attorney Lyon, City Clerk Nancy Davis,
Community Development Director Doreen Liberto-Blanck, and Public
Works Director John Wallace. W
5. SPECIAL PRESENTATIONS
( a ) Letter of Appreciation -. Flag Salute Presentation. May,:,r:.~~,
Dougall read the letter and J.t was accepted by the En-Le-TrJ.-Ay "
and All Stars Camp Fire Girls Valerie and Anna Naccarati, Caitlin
Spencer, Maddy Phillips, Kerry Bridge, Maris McCarthy, and
Natalie Stocks.
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6. AGENDA REVIEW
Cit~ Manager Hunt said Item 12.c., Mayor Dougall's report on the
J recent League of California cities conference, had been added to
, ' the agenda packet.
6.A. A MOTION THAT AT.T. RESOLUTIONS AND ORDINANCES PRESENTED
TONIGHT BE READ IN TITLE ONLY AND AT.T. FURTHRR READDlG BE WAIVED
It was moved by Souza/Brandy, and the motion passed unanimously
to approve the reading in title only of all resolutions and
ordinances presented at tonight's meeting.
7.A. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 95-527: A
PROPERTY LINE ADJUSTMENT OF SIX COMMERCIAL PROPERTIES: TO
RECONFIGURE THE PROPERTY BOUNDARIES TO FIVE PARCRT..q: WEST BRANCH
STREET . CAMINO MERCADO. AND RANCHO PARKWAY (RANCHO GRANDE):
APPLICANT: GENCOM. INC. '
The Community Development Director said the applicant had
requested a continuation of this agenda item. It was moved by
Souza/Lady, and the motion passed unanimously to continue the
item to November 28, 1995.
7.B. PUBLIC HEARING - AMENDMENT TO TITLE 9 OF THE MOlfICIPAL CODE
(DEVELOPMENT CODE) ESTABLISHING REGULATION FOR ADULT BUSDlESSES:
GC AND HC'ZONING DISTRICTS WITHIN THE CITY OF ARROYO GRANDE: CITY
OF ARROYO GRANDE
City Attorney Lyon referred to his November 14, 1995, staff
report and recommended that the Council conduct the public
hearing and, after its conclusion, (1) adopt the Resolution
approving the Negative Declaration pursuant to CEQA; and (2) move
to introduce the Adult Business Ordinance for a first reading.
Mr. Lyon said the proposed ordinance had been reviewed by the
Planning Commission. He gave details of the ordinance and said
the buffer between an adult business and a residential zone or
use was kept at 200 feet so as not to jeopardize the
Constitutionality of the ordinance.
Council Members asked questions of staff with regard to the
buffer distance and Mr. Lyon said the ordinance could be
challenged legally if it were more than 200 feet. He said staff
J estimates that approximately five percent of all commercially
zoned parcels within the City could serve as potential locations
for adult businesses.
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.
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Susan Carr, 312 Gularte Road, expressed concerns about the
Festival Theaters allowing NC-17 movies to be shown.
When no one further came forward to speak, Mayor Dougall closed
the hearing to the floor. '
counc~l Members and staff discus~ed the NC-17 movies extensively
and d~rected staff to study poss~ble regulation of NC-17 movies
shown in close proximity to children's movies.
It was moved by Souza/Fuller (5-0-0 with Souza, Fuller, Lady,
Brandy, and Dougall voting aye) to approve Resolution No. 3104
Adopting a Negative Declaration for an Ordinance Amending Title 9
of the Municipal Code to Establish Regulations for Adult
Businesses.
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It was moved by Brandy/Lady (5-0-0 with Brandy, Lady, Fuller,
Souza, and Dougall voting aye) to hold the first reading ,of
Ordinance 471 C.S. Amending Title 9 of the Municipal Code to
Establish Regulations for Adult Businesses.
Mr. Lyon said the Ordinance would be on the November 28, 1995,
City Council meeting agenda as a Consent Agenda item.
7 . C. PUBLIC HEARING - RECEIVE PUBLIC COMMENT REGARDING THE F-l:NAL
GRANTEE PERFORMANCE REPORT. WHICH BAS BRRN 'PRRPA.RRn FOR THJ 1994
ECONOMIC DEVELOPMENT PLANNINGlTEcmlICAL ASSISTANCE PROJECT: AND
ACCEPT THE FINAL- REPORT OF ~ ECoNOMIC OPPORTUNITIES STUDY:
APPLICANT: CITY OF ARROYO GRANDE
The Community Development Director referred to her November 14,
1995, staff report and recommended the Council hear a
presentation by a representative of Applied Development
Economics, Inc., the consultant that conducted the Economic
opportunity Study, and hold a public hearing on the matter. She
also recommended that the Council accept the final report on the
study and authorize submission of the Final Grantee Performance
Report to the State.
Doug Svensson, managing principal of ADE, gave an overview of the
Economic opportunity Study his firm recently completed'. He said
the study focused on three areas of economic ~evelQpment
opportunity for Arroyo Grande, agricultural industries, medical
services supplies, and retention of the auto dealerships in the
city. He said an analysis of the agricultural industry in the
Arroyo Grande valley. concluded that no substantial opportunities
exist for food processors or agricultural suppliers. He said
there is a limited need for additional medical services; however,
a number of opportunities exist to attract medical instrument
manufacturers and suppliers. He said a market also exists for an
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NOVEMBER 14, 1995
auto center, which could be located in Arroyo Grande. He .
recommended annexation south of the City to support a long-term
j economic development program. He said there should be continued
: focus on commercial properties at the west end of Grand Avenue
for development and expansion of local retail and office
businesses.
Mr. Svensson said a marketing campaign is the first step in
implementing the report and ADE assisted the City in applying for
a marketing grant. He said an auto center is a short-term goal
and there are grants to assist in sit~ acquisition and
development.
Council Members commented on the report and Mayor Dougall said
the short-term goals of the report should be implemented as soon
as possible and the recommendations in the report shou~d not be
allowed to flounder.
After being assured that the Public Hearing had been duly
publi~hed 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.
It was moved by Lady/Brandy, and the motion passed unanimously to
accept the final report of the Economic Opportunity Study a~d
authorize the submission of the Final Grantee Performance Report
to the California Department of Housing and Community
Development.
8. PUBLIC COMMENT PERIOD
No one came forward to speak.
.9. CONSENT AGENDA
It was moved by Souza/Fuller (5-0-0 with Souza, Fuller, Lady,
Brandy and Dougall voting aye) to approve Consent Agenda Items
9.a. through 9.d., 9.f., 9.h., 9.i., and 9.k., with the
recommended courses of action.
9.a. October 1995, Investment Report. Approved.
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" 9.b. Register of Checks/Demands. Approved.
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9.c. The Remembrance Memorial for the California Korean War
."( Veterans; Request for Donation. Approved.
9.d. Nomination for Appointment to the San Luis Obispo county
Flood Control and Water Conserva~ion District's Water Resources
Advisory Committee; Member and Alternate Member; Period of
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January 1, 1996, through December 31, 1997. Council Member
Brandy and Deputy Public Works Director Avelino Lampitoc were
approved as member and alternate, respectively.
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9.f. Resolution Adopting the Memorandum of Understanding for the
Arroyo Grande Police Officers' Association for 1995/96 - 1997/98
(Three Years); the Service Employees International Union, Local
817, Arroyo Grande Chapter for 1995/96 - 1996/97 (Two Years); and
Adopting Compensation Program for Management and Confidential '
Employees. Resolution No. 3105 was adopted, with Council Members
Souza, Lady, Brandy, Fuller, and Mayor Dougall voting aye.
9.i. DOT (Department of Transportation) Drug and Alcohol Testing
Program. Approved and authorization given to execute the
agreement.
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9.k. Circulation Element Study; Amendment No. 2 to Consultant's
Service Agreement; OMNI-MEANS, LTD. Approved and authorization
given to exe~ute the agreement.
9.e. Second Reading of Ordinance Adopting Trip Reduction and
Travel Demand Measures in Accordance with State Government Code
sections 65089 and 65089.3; Citywide. Ordinance 470 C.S. was
adopted. Council Members Souza, Lady, Brandy, and Mayor Dougall
voted aye. Council Member Fuller said he did not believe in
unfunded mandates and voted no.
9.g. Resolution Regarding the Mobilehome Fairness and Rental
Assistance Act Initiative Ballot Measure. Council Member Lady
pointed out the importance of opposing this measure and
protecting the city's Mobile Home Rent Stabilization law.
Resolution No. 3106 was approved, with Council Members Lady,
Fuller, Souza, Brandy, and Mayor Dougall voting aye.
9.h. Submittal of an Application to the California Integrated
Waste Management Board for Used oil Block Grant Funding.
Resolution No. 3107 was adopted, with Council Members Souza,
Lady, Brandy, Fuller, and Mayor Dougall voting aye.
9.j. Final Approval of Tract 2189; Pace. council-Member Fuller
asked the Public Works Director if the City was allowing meter
hookups to hydrants for projects for compacting and Mr. Wallace
said no, the City is practicing water conservation of potable
water. He said a construction well is located at the City
Corporate Yard. Tract 2189 was approved and the Mayor was
authorized to sign the agreement.
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10 .A. CONTINUED BUSINESS - PRE-APPLICATION REVIEW FOR GENERAL
PLAN AMENDMENT: PLANNED DEVELOPMENT REZONE AND TENTATIVE MAP TO
j SUBDIVIDE A 29-ACRE PARCEL INTO 42 LOTS: ROYAL OAKS. TRACT 1390:
..... LOT 182: APPLICANT: DON MC HANEY'
The applicant was not present at the meeting and on the
unanimously approved motion of Fuller/Souza the City Council
voted to continue this agenda item to a date uncertain.
II.A. PRE-APPLICATION REVIEW: PROPOSED COMMERCIAL PROJECT LOCATED
ON WEST BRANCH STREET/CAMINO MERCADO AND RANCHO PARKWAY (RANCHO
GRANDE): APPLICANT: GENCOM. INC.
The applicant requested that this agenda item be continued to
November 28, 1995~ and the Council agreed.
II.B. POOLE STREET PAVING
Public Works Director Wallace referred to hi$ November 14, 1995,
staff report and said City residents residing in the vicinity of
east Poole Street have requested that the city reconsider its
decision to not pave their portion of Poole street. He
recommended that the east portion of Poole be included in other
City projects for this fiscal year such as Grand Avenue or East
Cherry.
Council Members discussed extensively the funding and timing for
paving the east portion of Poole.
Homeowners Ryan and Christina Talley and Blake English brought up
another matter concerning the Village project. They showed
pictures to the Council and said the contractor had removed the
sidewalk and put asphalt in their walkways. . Mr. Wallace said
that was temporary and the cement would be replaced before
completion of the project.
It was moved by Souza/Lady and the motion was approved
unanimously to first implement staff's recommended Alterative No.
3 to include Poole Street and perhaps other streets ~n the area,
in other city projects being budgeted this fiscal year such as
Grand Avenue or East Cherry. The Council voted if Alternative
No. 3 was not possible, to implement Alternative No. 1 to pave a
portion of Poole Street as a City maintenance project this fiscal
~ year after the current contractor has cleared the -area; the
estimated cost for this option of $10,000 to $15,000 (primarily
the cost of materials) using the existing Public Works budget.
Contingenc~ monies could be used if the first alternative was not
'''', possible. ' , '
11. C. LEFT TURN POCKET ON GRAND AVENUE AT SOT1THRRN AUTO SUPPLY:
951 GRAND AVENUE
Public Works Director Wallace referred to his staff report of
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November 14, 1995, and said funding for constructing a new left
turn pocket would range from $10,000 to $20,000 for this work and .~,....
resigning and restriping the intersection would cost "
approximately $1,000.
Tom Bonds, applicant and manager of the Auto Parts Wholesale,
Inc. store at 951 Grand Avenue, said his business has lost money
be~ause cust~mers canno~ make left turns into his driveway. He
sa1d he rece1ved an est1mate of $5,000 from Toste Grading and
Paving and he would be willing to donate $2,500 to the project.
Council Members were sympathetic to Mr. Bond's request, but were
concerned about the actual costs and allowing a private citizen
to direct the project. The City Attorney said the matter could
be worked out if this was a $5,000 project, there was'
reimbursement by the City, and the project was done privately
with an encroachment permit.
Mayor Dougall said there should be a "No U-Turn" sign at the new
left turn pocket and Mr. Bond said possibly a "No Left Turn" sign
out of his driveway.
staff was directed to meet with Mr. Bond to work out the details.
City Manager Hunt said he could put the item on the City
Council's agenda of December 12, 1995. Council agreed.
11. D. COUNCIL DISCUSSION: TDC PROGRAM WITH LARD CONSERVANCY OF
SAN LUIS OBISPO COUNTY
community Development Director Liberto-Blanck referred to her
November 14, 1995, staff report and recommended the Council (1)
authorize staff to proceed with discussions with the Land
Conservancy for a specific Transfer of Development Credits (TDC)
program for Arroyo Grande, (2) request the Land Conservancy send
letters to owners of agriculturally zoned property in the City to
determine whether there is interest in the program, and (3)
support Lee Webb in proceedings to utilize the Land Conservancy
and TDC program on his project. She explained TDC is a land use
planning tool used to protect agricultural land and natural
resources through funds generated by new development. She said
the California Environmental Quality Act identifies conversion of
prime agriculture land as a significant adverse impact which must
be mitigated.
Council Members asked questions of staff and made comments about
prime agricultural land, the timing of the project, the benefits
of working with the Land Conservancy, and the consistency of this
land conversion with the General Plan ,and Zoning.
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Mr. Webb, proposed developer of the property, said the land in
1 question is no longer viable to farm because of its location. He
~.. said he would like to build entry-level homes and would like to
have direction from the Council on the feasibility of doing so.
He proposed not waiting for the Land Conservancy to act, but to
make a grant to the city.
City Attorney Lyon said that the concept of TDC is valid, but Mr.
Webb should be warned that it could take a long time.
It was moved by Lady/Fuller, and unanimously approved to follow
staff's recommendation on the matter.
11 . E. REFINANCING OF ARROYO GRANDE COMMUNITY HOSPITAL
CERTIFICATES OF PARTICIPATION ..
city Manager Hunt referred to his staff report of November 14,
1995, and recommended the City Council authorize staff and
special counsel to begin review and preparation of the necessary
documents in connection with the proposed refinancing of the
Arroyo Grande Community Hospital's (Vista Hospital Systems, Inc. )
certificates of Participation and set a date of November 28,
1995, to hold a public hearing and approve the final documents.
It was moved by Souza/Lady, and the motion passed unanimously to
approve the city Manager's recommendation.
1.2.A. REPORT BY COUNCIL MEMBER Fm.T.F.R: T.F."-GUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE: OCTOBER 22 - 24. 1995
Council Member Fuller asked other. Council Members to take a look
at the report and he would answer any questions.
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12. B. VAGRANCY :Qf THE JONES TRACT: WEST CHRRRV AVENUE. ORCHARD
STRF.F.'1'. AND CALIFORNIA STREET
City Manager Hunt referred to the November 14, 1995, staff report
of Chief of Police TerBorch, who discussed a Neighborhood Watch
meeting for residents of the Jones Tract, and the limited
staffing resources and legal authority to deal with vagrancy in
the neighborhood. Mr. Hunt said staff is investigating the
possibility of increasing the wattage in the street lights and
] trimming trees.
Herman Olave, 222 West Cherry, said his neighborhood has a
problem with homeless people and high school students trashing
, . and trespassing on private property. He said he would like more
police support.
Marie Burt, 414 Orchard, said more help is needed in organizing
the Neighborhood Watch.
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Mrs. Helen Olave said the neighbors had not had much help from
the Police Department and the meeting did not help in organizing
the Neighborhood Watch.
Mayor Dougall said he would investigate the matter.
12. C. REFLECTIONS BY MAYOR A. K. "PETE" OOUG]4T.T. ON THE T.RAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE: OCTOBER 22 - 24. 1995
Mayor Dougall also asked Council Members to read his report on
the conference.
13. ORAL COMMUNICATIONS
Council Members Lady and Fuller reported on a citizen.;complaint
about trash and weeds near the Highway 101 bridge and Grand
Avenue. The City Manager said he would take action on this.
Council Member Brandy asked what progress is being made to clear
Tally Ho Creek before the Winter rains. The City Manager said an
item discussing options for clearance of City creeks would be, on
the November 28, 1995, Council agenda.
14. ADJOURNMENT
It was moved by Brandy/Souza, and the motion passed unanimously
to adjourn he meeting at 10:07 p.m.
A.- K. "PETE" DOUGAL , MAYOR
ATTEST: ~a.~
'N CY A. AVIS, CITY CLERK
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