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Minutes 1996-03-12 -- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 12, 1996 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. C~T,T, TO ORDER The City Council of the City of Arroyo Grande met at 7:30 p.m., with Mayor A. K. "Pete" Dougall presiding. 2. AND 3. FLAG SALUTE AND INVOCATION Members of the American Association of University Women led the Pledge of Allegiance to our Flag. Rabbi Frank Rosenthal, retired, delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tem James Souza and Council Members Drew Brandy, Michael Fuller, and Michael Lady. Staff members present were City Manager Robert L. Hunt, community Development Director Doreen Liberto-Blanck, City Attorney Roger Lyon, City Clerk Nancy Davis, Finance Director David Bacon, Director of Building and Fire Kurt Latipow, and Public Works Director John Wallace. SPECIAL PRESENTATIONS Mayor Dougall presented a letter of appreciation to Barbara Horner, Margaret Bennett, and Laura Nelson of the AAUW for leading the flag salute. 6. AGENDA REVIEW Supplemental information was added to Item 11.c. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY It was moved by Souza/Lady and passed (5-0-0) that all resolutions and ordinances presented at the meeting be read in title only and all further reading be waived. 7.A. AMENDMENT TO VESTING TENTATIVE TRACT MAP 1834 AND SPECIFIC DEVELOPMENT PLAN 90-01 TO AMEND THE TRAFFIC MITIGATION FEE (APPLICANT: OTTSE, INC., LOCATION: RANCHO GRANDE) Council Member Lady said he may have a conflict of interest in this matter and left the dais. Community Development Director Liberto-Blanck said the applicant had requested traffic mitigation fees be reduced based on the transportation facility impact fees adopted in March, 1994 by the City Council. She said the Planning Commission recommended the Council approve the request and adopt two resolutions implementing the approval. 1 .;>.--.. CITY COUNCIL MINUTES MARCH 12, 1996 After being assured that the Public Hearing had been duly noticed and all legal requirements met, Mayor Dougall opened the hearing to the floor. Don Ritter of Shetler Construction, which represents OTTSE, Inc. owner of Rancho Grande, spoke in favor of the reduction in fees. When no one else came forward to speak, Mayor Dougall closed the hearing to the floor. It was moved by Fuller/Souza and passed (3-1-1, with Brandy voting no and Lady abstaining) to adopt Resolution No. 3122 Certifying That the Environmental Impact Report for the Rancho Grande Subdivision and the Addendum for an Amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01 Has Been Prepared in Compliance with the California Environmental Quality Act. It was moved by Souza/Fuller and passed (3-1-1, with Brandy voting no and Lady abstaining) to adopt Resolution No. 3123 Approving an Amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01, for the Property Located North of James Way in the "Rancho Grande" Planned Development, Applied for by ottse, Inc. Council Member Lady returned to the dais. 8. PUBLIC COMMENT PERIOD Dick Hart, 1241 Farroll Avenue, spoke against Ballot Proposition No. 199. Lorna Brown, 508 Allen Street, member of the San Luis Obispo League of Women Voters, told about the purpose and objectives of her organization. 9. CONSENT AGENDA It was moved by Brandy/Fuller and passed on a roll call vote (5- 0-D) to approve Consent Agenda Items 9.A. through 9.h. and 9.j., with the recommended courses of action. 9.a. Minutes, January 23, 1996 City Council Meeting. Approved. 9.b. Register of Checks/Demands. Approved. 9.c. Investment Report, February, 1996. Approval. 9.d. Resolution of Support for the Annexation of the City of Grover Beach Into the South San Luis Obispo County Sanitation 2 -- CITY COUNCIL MINUTES MARCH 12, 1996 District. The Council adopted Resolution No. 3124 Supporting the Annexation of the City of Grover Beach into the South San Luis Obispo County Sanitation District. 9.e. Closure of Short street and Olohan Alley for "Easter in the Village" - March 30, 1996, 6 a.m. to 5 p.m. The Council adopted Resolution No. 3125 Requesting Authorization to Close City Streets for the Annual Easter in the village. 9.f. Award of Bid - Patch Truck. The bid was awarded to low bidder Gibbs International Trucks for $91,895 including tax. 9.g. Authorization to Use City Property for st. Patrick's School sixth Annual community carnival. Use of the property was authorized. 9.h. Request permission to Solicit Bids for Two 3/4-Ton Trucks. Approved. 9.j. Request permission to Solicit Bids for a Copy Machine. Approved. After Council questions concerning the mower size, it was moved by Lady/Souza and passed (5-0-0) to approve Consent Agenda Item 9.i. Request for Permission to Solicit Bids for 126-inch Riding Mower. lO.A. ADOPTION OF 1994 UNIFORM FIRE CODE INCLUSIVE OF FIREWORKS- FRT.a.TED AMENDMEHT Director of Building and Fire Latipow recommended the Council introduce for the first reading an ordinance adopting the 1994 (most recent edition) Uniform Fire Code inclusive of fireworks- related amendments and set a public hearing for April 9, 1996. He said the current fireworks regulations are part of the city- adopted 1988 Uniform Fire Code and, since the City is due to adopt the 1994 Code, staff prepared the necessary documents to update the Code including the proposed amendment to Article 78 (Fireworks). He said if the proposed ordinance is adopted, the amended Fire Code would govern the sale and discharge of "Safe and Sane Fireworks". John Kelly of American Promotional Events, 14111 Freeway Drive, Santa Fe Springs, asked questions of the Council and suggested some changes in the proposed ordinance. He said Henry Zemich also was in the audience to answer Council questions. It was moved by Lady/Fuller and passed on a roll call vote (5-0- 0) to introduce the Ordinance Adopting by Reference the 1994 3 - CITY COUNCIL MINUTES MARCH 12, 1996 Edition of the Uniform Fire Code With Additions, Deletions and Amendments, including modifications made by the Council: The following are sections modified by the Council: section 7804.6. Sales. Fireworks stands shall comply with the following requirements related to sales: 1. Fireworks shall not be sold prior to 9:00 a.m. on the first day of July and such sales shall cease at 9:00 p.m. on July 4th. Sales during this time period will be limited to 9:00 a.m. to 9:00 p.m. each day. 2. Sales to individuals under the age of 18 is prohibited. The permittee shall require that each person who purchases fireworks produce identification proving that such person is 18 years of age or older. section 7804.8. Delivery. The wholesale distributors will make all deliveries and end of sale season pickups. Excess storage of fireworks will not be permitted. 1. All fireworks shall be removed from sales stand by 9:00 a.m. July 5th. 10.B. APPROVAL OF AGREEMENT WITH RALCCO FOR CURBSIDE RECYCLING PROGRAM City Manager Hunt estimated the city will receive approximately $20,000 to $22,000 in annual revenues from the curbside recycling program. He said members of the Curbside Recycling Subcommittee reviewed the proposals and recommended the City negotiate a contract with RALCCO. He described the contents of the contract. Mayor Dougall suggested amendments to greenwaste wording on Pages 13 and 18 and council Members agreed. Steve Aslanidis, president of RALCCO, spoke in favor of moving ahead with the contract's greenwaste program as soon as possible. It was moved by Fuller/Lady and passed (5-0-0) to approve the amended Curbside Collection Recycling Program Agreement with RALCCO, with the amendments on Pages 13 and 18 reading as follows: Page 13 - "A promotional campaign highlighting the addition of greenwaste collection shall occur for a period of 90 days after Council approval." Page 18 - "Contractor shall prepare a greenwaste program for the 4 --- CITY COUNCIL MINUTES MARCH 12, 1996 collection of residential yard wastes and shall submit it to the City Council for review and approval on or before July 1, 1996. Greenwaste shall be collected once a month commencing after Council approval of the program." At the request of the Council, the City Manager said a public hearing will be held to discuss fees proposed for the collection of greenwaste. 11.A. REOUEST FOR INTERPRETATION OF INSTITUTIONAL USES FOR TRACT 1390, LOT 182 Community Development Director Liberto-Blanck said the Planning Commission recommended the Council adopt a resolution providing the interpretation that an affordable housing senior apartment complex is not an institutional use within the context of Ordinance 355 C.S. She said the applicant (Pacific Harbor Capital, Inc. and Wren Investments) had requested a low-income senior apartment complex with 150 to 175 units be considered an institutional use. Richard Novak, a venture partner in the proposed development, spoke in favor of the requested interpretation. It was moved by Brandy/Lady and passed on a roll call vote (5-0- 0) to adopt Resolution No. 3126 Providing the Interpretation That An Affordable Senior Apartment Complex Is Not an Institutional Use Within the Context of Ordinance 355 C.S. 11.B. COST a.TJDCATION PLAN Finance Director Bacon said the Cost Allocation Plan was developed in order to identify the total program costs of providing municipal services to the citizens of Arroyo Grande. He described the plan and said adoption of it will result in an increase of $316,000 in revenues to the General Fund from indirect costs (sewer, water, recreation, etc.) not previously accounted for in the City's annual budget. It was moved by FUller/Lady and passed (5-0-0) to adopt the Cost Allocation Plan as a means of cost recovery to the General Fund and estimating the total cost of providing services to the citizens of Arroyo Grande. 11.C. DIRECT DEPOSIT OF EMPLOYEE PAYCHECKS Finance Director Bacon explained how the Direct Deposit of Employee Paychecks program would work. He said staff recommended approval of the Santa Lucia National Bank proposal on the basis of more time being given to the City to submit payroll information and smaller compensating balance required to maintain 5 ~ CITY COUNCIL MINUTES MARCH 12, 1996 full payroll at the bank. He said 1995-96 cost for the program is estimated to be $140, and full year funding for FY 1996-97 is estimated to be $260. Supplemental information from Mid-State Bank requested a continuance of this item for two weeks so it could provide a revised comprehensive proposal. It was moved by Lady/Souza and passed (5-0-0) to approve the Santa Lucia National Bank proposal for direct deposit of employee paychecks, and that it be a voluntary program. 11. D. APPROVAL OF AGREEMENT WITH URBAN FUTURES. INC. FOR THE IMPLEMRNTATION OF A FOCUSED REDEVELOPMENT EDUCATION PROGRAM FOR THE CITY OF ARROYO GRANDE City Manager Hunt discussed the California Redevelopment Act and how it could be helpful in upgrading the City's infrastructure, providing improvements to store fronts, and enhancing the aesthetics of the business corridor (e.g., undergrounding of utilities, street furniture, etc.). He said a critical step in the redevelopment process is an education program ensuring those who will be (positively) impacted by redevelopment are aware of the advantages a redevelopment project can bring to a community. He said fiscal impact on the City would not exceed $14,000 and funding would be from Community Development Department's Contractual Services Account. Jon Huffman, executive vice president of Urban Futures, Inc. , answered Council questions regarding the proposed educational program. It was moved by Lady/Fuller and passed (5-0-0) to approve the letter/proposal from Urban Futures, Inc. for the implementation of a Focused Redevelopment Education Program. 12. WRI'rl'EN COMMUNICATIONS None. 13. ORAL COMMUNICATIONS Council Member Lady said he was pleased to hear that Arroyo Grande had been named a "Tree City U.S.A." for 1995. Mayor Dougall praised staff efforts to reduce the cost of reading City water meters. 14. ADJOURNMENT It was moved by Lady/Souza and passed (5-0-0) to adjourn the meeting at 9:50 p.m. 6 110 -- CITY COUNCIL MINUTES MARCH 12, 1996 Y/~a.~ f' I ,<- NANCY A. VIS, CITY CLERK 1 i I f i 7