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Minutes 1994-02-22 \ 1 ~ 229 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 22, 1994 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The city council of the City of Arroyo Grande met at 7:30 P.M., with Mayor Matthew Peter Gallagher, III, presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the invocation was delivered by the Rev. Randy Ouimette, Arroyo Grande Fire Department Chaplain and Pastor at st. John's Lutheran Church. i 3~ ROLL CALL I Present were Mayor Gallagher and Council Members Drew I \ Brandy, Bernard Burke, James Souza and Mayor Gallagher. Council '-- Member Gene Moots was absent. Staff members present were Interim city Manager Rick TerBorch, City Attorney Roger Lyon, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Interim City Engineer John Wallace, Fire Chief Kurt Latipow and Parks and Recreation Director John Keisler. 4. ORAL COMMQNICATIONS DIANE BRANDT of 329 Old Branch Road and ED CLERKIN of 320 Old Branch Road had questions and expressed concerns about the design and impacts on the surrounding neighborhood of the proposed YMCA building at the corner of Old Branch Road and West Branch Street. Mayor Gallagher said the City is negotiating an agreement with the YMCA. He said there would be public notice of the project in the newspaper and property owners within 300 feet would be notified. The Planning Director said the project would come under a Conditional Use Permit, Architectural Review and Environmental Review. Mr. Clerkin said there is a traffic bottleneck already at Traffic Way and Branch Street. The Planning Director said the City is studying the area and may be attempting to get funding for a traffic signal there. 5. CONSENT AGENDA It was moved by Brandy/Souza, and the motion passed unanimously to approve Consent Agenda Items 5.a. through 5.e. and 5.g., with the recommended courses of action. 5.a. February 8, 1994, city council Minutes. Approved. 5.b. February 2, 1994, Senior Advisory Commission Minutes. Information. 5.c. September 20, 1993, Traffic commission Minutes. Information. 1 230' CITY COUNCIL MINUTES FEBRUARY 22, 1994 5.d. January 17, 1994, Traffic Commission Minutes. Information. 5.e. Request to Purchase Fax Machine; Unbudgeted Item. Approved. It was moved by Souza/Burke, and the motion passed unanimously to approve Consent Agenda Item 5.f., with the recommended course of action. 5.f. Request of the Village Improvement Association for the 1994 Strawberry Festival, May 2B and 29, 1994; Easter Celebration in the Village, March 26, 1994; and Fourth of July in the Village, July 2 and 3, 1994. Approved and city Departments to be notified. Mayor Gallagher referred to the cover sheet for vendor applications for the Strawberry Festival. He said the paragraph that stated that festival fees were being increased because the city had increased its fees for festival services was incorrect. Festival Chairman John Clark said that wording was unfortunate, but at the time to printing there was talk of the city raising fees. Mayor Gallagher said he was concerned about charges for festival booth space for Arroyo Grande non-profit organizations. He said he was concerned because some non-profit organizations may not be able to participate because of the rental charge. Mr. Clark listed some of the local organizations that return year after year to participate in the festival. JIM SILVA, 1360 Brighton Avenue, owner of three stores in the Village, said most of the Village businesses do not make money during the festival. He said the number of festivals held each year should be limited. For future festival years, Staff was directed to investigate how the city could influence the festival booth rates for non- profit organizations. It was moved by Brandy/Souza, and the motion passed unanimously to approve Consent Agenda Item 5.h., with the recommended course of action. 5.h. Water Neutralization Plan for CUP 93-513 and Parcel Map 93- 512; CUP 94-517 and Parcel Map 94-517 (Hunstad Project). Staff recommendation accepted. The Planning Director said the applicant has approval for a project that is included in the water neutralization program (CUP 2 231 CITY COUNCIL MINUTES FEBRUARY 22, 1994 93-513 and Parcel Map 93-512). She said the applicant has a pending project (CUP 94-517 and Parcel Map 94-517) that will be going to Planning Commission in the near future and that also is included in the water neutralization program. She said there is no guarantee that the pending project will be approved just because the water neutralization program is approved. The Interim city Engineer referred to his Staff Report of February 17, 1994, and said that the neutralization offset requires a total of 0.66 acre feet per year. Mayor Gallagher asked if there would be implied responsibility to approve the pending project. City Attorney Lyon said the applicant does not get any vested right or any kind ~ of assurance that his pending project will be approved. council Member Brandy asked if the applicant could get any credit on the books, if his pending project does not work out and he has already completed the water neutralization program. Ms. Liberto-Blanck said the City does not have any established guidelines or policies with regard to water neutralization programs. She said Staff hopes to come back to the Council with guidelines for a water neutralization pOlicy. Mr. Lyon said if the City develops a policy, council could then decide whether no not to apply it retroactively to Mr. Hunstad's project. After further discussion, it was moved by Brandy/Souza, and the motion passed unanimously to approve the Water Neutralization Plan for CUP 93-513 & Parcel Map 93-512 and the February 17, 1994, Staff Report recommendations of the Interim city Engineer. ~. REGISTER OF CHECKS It was moved by Souza/Burke, and the motion passed unanimously to approve Cash Disbursements in the amount of $593,283.46, as listed in the February 16, 1994, Staff Report of Finance Director David Bacon. 7.A. GONTINUATION OF PUBLIC HEARING - PROPOSAL FOR THE FOLLOWING: (1) SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE): (2) HOUSEHOLQ HAZARDOUS W~STE ELEMENT (HHWE): (3) DRAFT ENV:I:RONMEN';l'AL IMPACT REPORT (EIR): (4) JOINT POWERS AGREEMENT (JPA): CITYWIDE. APPLICANT: SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (LEAD AGENCY): CITY OF ARROYO GRANOE (RESPONSIBLE AGENCY). The Planning Director referred to her Staff Report of February 8, 1994, and said Staff has been working on these programs for a number of years with the Council of Governments. 3 232' CITY COUNCIL MINUTES FEBRUARY 22, 1994 She said the jurisdictions include all the cities in the County of San Luis Obispo and the County itself. She said one of the reasons the bodies have been working together is that it is such a monumental task that has been laid out by Assembly Bill 939. She said Council may want to discuss the JPA at this meeting and continue the rest of the items to another meeting. STEVE DEVENCENZI of the Council of Governments said all the documents are interrelated, but that he would explain each one separately. He started with the Joint Powers Agreement that establishes an Integrated Waste Management Authority for the cities and the County of San Luis Obispo. Mayor Gallagher questioned the structure of the JPA, which allows for the taking of a "supervote." Mr. Devencenzi said the super vote was established to give the cities more representation since the county overlaps the cities. He said the supervote calls for a two~thirds, or eight out of twelve on a vote, rather than a single majority. council Member Burke said after studying the matter and the alternatives offered, he supports the supervote. Mayor Gallagher asked about stockpiling of collected recyclables and what is being done about source reduction. Mr. Devencenzi said the key to the matter is development of a market for the recyclable materials. He said the County has joined with other areas in a market development zone. He said San Luis Obispo County has to ship its recyclables to markets. Mr. Devencenzi said the Joint Powers Agreement will put together a Waste Management Authority that will fund itself through fees charged at the landfill. He said the plan will begin with an education program to get people to not create so much waste. He said at the beginning the Waste Management Authority will have a manager and a secretary and will probably contract with the COG. He said after a few years several more staff people may be hired. Council Members asked questions concerning the distribution of funds throughout the County, making good use of the private business sector, achieving cost-saving through competition, sludge disposal and starting an education program for the public as soon as possible. Mr. Devencenzi said there are $700,000.00 collected from land fill tipping fees in a fund awaiting the formation of the Waste Management Authority. He said when the new agency is formed, those funds can be shifted to it and some of those monies can be used for education. 4 233 CITY COUNCIL MINUTES FESRUARY 22, 1994 After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public 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. The City Attorney told the Council it would be deciding whether or not to give conceptual approval to the JPA and making comments to amend the agreement. He said the final draft of the JPA will be brought back to the Council. Mayor Gallagher said he still supported the members of the agency having equal votes, that is the County having one vote and the Cities all having one vote. He said Council Member Souza's support of privatization whenever possible and Council Member Brandy's support of beginning an education program immediately should be passed on the COG. Council Member Burke said he approved of the proposed method of deciding on a quorum and the voting procedure listed in the draft JPA. The City Attorney suggested a motion voicing conceptual approval of the JPA and directing Staff to transmit a letter incorporating comments of the Council. Council Member Brandy asked who is Staff on this matter, and the Planning Director said the Planning Department had been staffing it for several years. It was moved by Burke/Brandy, and the motion passed unanimously to give general conceptual approval of the draft Joint Powers Agreement to form an Integrated Waste Management Authority. The motion also included comments by the Council on spending money as soon as possible on education and highlighting and reinforcing the privatization concept. The City Attorney said he would discuss his concerns with the County Counsel. It was moved by Souza/Burke, and the motion passed unanimously to continue the hearing to 7:30 P.M. Tuesday, March 15, 1994, at a joint meeting with the Planning Commission. At that time the Source Reduction and Recycling Element, the Household Hazardous Waste Element and the Draft Environmental Impact Report will be discussed. S.A. DECLARATION OF SURPLUS EOUIPMENT It was moved by Burke/Souza (5-0-0, Burke, Souza, Brandy and Gallagher voting aye, Moots absent) to approve Resolution No. 3017 Declaring as Surplus a 175 Gallon Propane Tank and Requesting Authorization to Sell the Tank to the Highest Bidder. 5 '- 234 CITY COUNCIL MINUTES FEBRUARY 22, 1994 8.B. REPORTS FROM VARIOUS COMMITTEE$ 1. South San Luis Obispo County Sanitation District - Mayor Gallagher said the board still is discussing the entrance of Grover Beach on the board. He said the board is awaiting the offshore mussel sampling program report. He said the plant capacity is at 58 percent, and monies are being set aside to increase plant capacity. 2. South County Area transit (SCAT) - Council Member Burke said the SCAT heard a progress report on the Regional District Feasibility and Transit Funding Study that is gathering information to analyze all six Dial-a-Ride services in the County and determine the feasibility of consolidating all transit services under one agency with common funding. He said in January the Department of Transportation had notified the San Luis Obispo Regional Transit Authority that it had denied the application for a grant to fund a bus service between Santa Maria and San Luis Obispo County. He said that created a $50,000 budget shortfall, and the denial was based on failure of the application to meet necessary criteria. 3 . Council of Governments - Council Member Burke said the members discussed the 1994-1995 overall work program for COG. He said included in the program is the Route 227 Corridor Improvement Study for the city of Arroyo Grande. 4. Solid Waste Task force Committee - No meeting 5. Zone 3 Water Advisory Committee - No meeting 6. County Water Advisory Board - No meeting 7. Long-Range Plan Update Committee - Next meeting will be Thursday, February 24, 1994. 8. Chamber of Commerce Economic Development Committee - Council Member Souza referred to a draft of a letter from Ray Burnell, chairman of the committee, to supervisor Ruth Brackett supporting an Economic vitality Corporation that would be an umbrella group for all the economic development committees in the County. The corporation would seek a grant from H.U.D. to organize, and then further grants to distribute throughout the county for economic development programs. Council directed Staff to write letters from the city to the Supervisors asking for support of the formation of the Economic vitality corporation. 6 , . \ . 235 CITY COUNCIL MINUTES FEBRUARY 22, 1994 9. Coordinated Agriculture Support Program - The Planning Director said the city had received a six-month extension on the grant. WRITTEN COMMUNICATIONS Mayor Gallagher said the City has received notice from the National Arbor Day Foundation that Arroyo Grande has been named a "1993 Tree City USA." 10. ORAL COMMUNICATIONS The city Attorney said copies have been distributed of a letter from Attorney Gerald Weaver, who represented Roger Fuller in a lawsuit against the City. He said the City had denied a second residential unit based on findings of esthetics and - incompatibility with the neighborhood. He said the plaintiff asked for dismissal of the case with prejudice. He said that meant that the city had won the case. 11. CLOSED SESSION None. 12. ADJOURNMENT It was moved by Burke/Souza, and the motion passed unanimously to adjourn the meeting at 9:20 P.M. ATTEST: ~a. ~.J NANCY A DAVIS, CITY CLERK 7