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Minutes 1996-03-26 , " ' .- '""",, . ' MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, MARCH 26, 1996 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL CITY COUNCIL MEETING Mayor A. K. "Pete" Dougall; Mayor Pro Tem James Souza; Council Members Drew Brandy, Michael Fuller, and Michael Lady; City Manager Robert L. Hunt, and City Attorney Roger Lyon met at 7:00 p.m. to discuss the following: 1. CLOSED SESSION: (a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Government Code Section 54956.9. Number of potential cases: one (1). 2. ADJOURNMENT: The Closed Session was adjourned at 7:20 p.m. to the Regular Council Meeting, March 26, 1996, 7:30 p.m., City Council Chambers. REGULAR CITY COUNCIL MEETING 1. ca.r,J, TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor Dougall presiding. Mayor Dougall said no reportable action was taken in the Closed Session. 2. AND 3. FLAG SALUTE AND INVOCATION The Pledge of Allegiance to our Flag was led by Boy Scout Troop 400 of Arroyo Grande, Rob Fisher, Scoutmaster. The Rev. James Wickstrom of Berean Bible Church delivered the invocation. 4. ROLL ca.J,J, Present with Mayor Dougall were Mayor Pro Tem Souza and Council Members Brandy, Fuller, and Lady. Staff members present were City Manager Hunt, City Attorney Lyon, City Clerk Nancy Davis, Chief of Police Rick TerBorch, Community Development Director Doreen Liberto-Blanck, Public Works Director John Wallace, and Parks and Recreation Director John Keisler. 5. SPECIAL PRESENTATIONS (a) Mayor Dougall presented a letter to the Scoutmaster and Scouts of Troop 400 for leading the Flag Salute. (b) Mayor Dougall presented a proclamation on Teen Pregnancy Prevention Month to Michelle Gordon of the Economic Opportunity Commission of San Luis Obispo County. 1 -~-~_.-..- . ' ->. ---. CITY COUNCIL MINUTES MARCH 26, 1996 (c) Mayor Dougall presented a proclamation on "Day of the Child," April 13, 1996 and "Month of the Child," April, 1996 to Brenda Barrow and Traci Cravath of the Parks and Recreation Department and Krissa and Karah Stanton, who are in City youth programs. THE CITY COUNCIL RECESSED FOR 15 MINUTES TO HONOR COUNCIL MEMBER AND MRS. 1i'ITT,T,F.R AND THEIR DAUGHTER MAKENNA LYNN. WHO WAS BORN MARCH 19. 1996. 6. AGENDA REVIEW City Manager Hunt said a supplemental document had been distributed to Council Members on Agenda Item 11.a. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY It was moved by Lady/Souza and passed (5-0-0) that all resolutions and ordinances presented tonight be read in title only and all further reading be waived. 7.A. SUBMISSION OF COMMmfITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE STATE OF CALIFORNIA community Development Director Liberto-Blanck recommended the Council adopt a resolution authorizing the submittal of a community Development Block Grant (CDBG) application in the amount of $500,000 to the State of California to fund the acquisition and rehabilitation of the apartments at 205 Barnett Street by Peoples' Self-Help Housing Corporation (PSHHC). She said the total cost to the City is $2,100, however, the city can bill up to $10,000 for staff time administering the grant. She said the proposed grant would meet objectives of the City's Housing Element to provide a continuing supply of affordable housing. She said fourteen units would be purchased and rehabilitated. After being assured that the Public Hearing had been duly noticed and all legal requirements met, Mayor Dougall opened the hearing to the floor. Mrs. Peter Richards, who said her family had benefited from this type of program for low-income housing, and Jeannette Duncan, PSHHC executive director, spoke in favor of submitting the block grant application to the State. When no one further came forward to speak, the Mayor closed the hearing to the floor. It was moved by Lady/Fuller and passed on a roll call vote (5-0- 0) to adopt Resolution No. 3127 Approving an Application and Contract Execution for Funding From the General Allocation of the 2 , , . _. ~ CITY COUNCIL MINUTES MARCH 26, 1996 State community Development Block Grant (CDBG) Program. 7 . B. AMEND THE MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR SOLID WASTE DISPOSAL city Manager Hunt recommended the Council introduce for first reading an ordinance amending the Arroyo Grande Municipal code establishing regulations for solid waste, recyclable material, and yard refuse collection and disposal. He said current Municipal Code provisions regulating garbage and refuse are antiquated and do not address current State regulations. He said the proposed ordinance will assist in achieving the goals of AB 939. He said the South County sanitary Service and the RALCCO Recycling Service had reviewed and provided input on the text of the proposed ordinance. After being assured that the Public Hearing had been duly noticed and all legal requirements met, Mayor Dougall opened the hearing to the floor. When no one came forward to speak, the Mayor closed the hearing to the floor. It was moved by Brandy/Lady and passed (5-0-0) to introduce for a first reading an ordinance Repealing Chapter 4 of Title 6 of the Arroyo Grande Municipal Code and Adding Thereto a New Chapter 4. 8. PUBLIC COMMENT PERIOD (a) Gary Fowler of San Luis Obispo said the proposed permit fees for the July 4th Fireworks booths were too high. (b) Rick Totah and Tom Ray Kugler said the proposed pismo Beach Los Robles Del Mar project will impact Arroyo Grande in the areas of traffic, density, air quality, water drainage, and schools. 9. CONSENT AGENDA It was moved by Souza/Fuller and passed on a roll call vote (5-0-0) to approve Consent Agenda Items 9.a. through 9.k., with the recommended courses of action. 9.a. Register of Checks/Demands. Approved. 9.b. Authorization to Solicit Bids for the Purchase of a 2.5-Ton Water Truck. Approved. 9.c. Authorization to Close streets for the Arroyo Valley Car Club Show. Resolution 3128 Requesting Authorization to Close City Streets for the Arroyo Valley Custom Car Show was adopted. 9.d. Authorization to Use City Property for a Kiwanis Western Dance. Approved. 3 --------- - -" CITY COUNCIL MINUTES MARCH 26, 1996 9.e. Authorization to Use City Property by the March of Dimes Walk America. Approved. 9.f. Records Retention Schedules for community Development and Administration/Personnel Departments. Council adopted Resolution No. 3129 Approving the Adoption of a Records Retention Schedule for the community Development Department. Council adopted Resolution No. 3130 Approving the Adoption of a Records Retention Schedule for City Administration/Personnel. 9.g. Request for Waiver of Entertainment Permit Fee by the South county Performing Arts Building Foundation per section 5-3.05 AGMC. Approved. 9.h. Approval of Trench Compactor Purchase. Approved. 9.i. Indemnification and Improvement Agreement for Release of Liability, 415 Walnut Street. Agreement approved. 9.j. Co-Hosting Annual county Fire Chiefs' Wildfire Safety Expo, May 5, 1996. Approved. 9.k. Appointment to the Downtown Parking Advisory Board. virginia French Rogers, owner of Brazil's Jewelers in the village, was appointed to the Board. 10.A. SIX-MONTH EVALUATION OF FEE WAIVER POLICY Parks and Recreation Director Keisler recommended the Council approve continued use of the Fee Waiver or Reduction criteria Form. He said the seven-question criteria form allows local, Arroyo Grande based, non-profit organizations to qualify for consideration of a waiver or reduction in fees charged. He said the form has provided staff with a method for determining who is eligible for a fee waiver or reduction. He referred to a chart breakdown of the qualifying requests and the action taken by the city Council and the Parks and Recreation Commission. It was moved by Brandy/Lady and passed (5-0-0) to approve continued use of the Fee Waiver or Reduction criteria Form. 11.A. PRE-APPLICATION REVIEW. SUBMITTED BY TATSUMI KAWAOKA. FOR PROPERTY GRWRRa.J,T,Y LOCATED BETWEEN GRAND AVENUE AMD ASH STREET, EAST OF OAK PARK BOULEVARD Mayor Pro Tem Souza said he may have a conflict of interest in this matter and left the dais. The community Development Director said the Development Code allows an applicant to submit a pre-application review to obtain 4 . . - '--, CITY COUNCIL MINUTES MARCH 26, 1996 preliminary comments about a contemplated project. She said the subject site was designated for Single Family and Rural Residential land uses and a Specific Plan requirement was placed on the subject property along with adjacent property owned by other property owners. She said the applicant had requested the Council explore the possibility of a General Plan amendment and rezone to eliminate the specific Plan. She said the change could allow an increase in the maximum density on the site resulting in an additional 239 units. Burtram Johnson, representing the applicant, referred to aerial and zoning maps. He disagreed with the function of a specific Plan, said it would take too long, and that Council concerns could be addressed in a tract map. There was Council consensus that a Specific Plan would be necessary for the project. Council Members said they wanted more detail on the project and to know what the project would ultimately look like. The matter was continued indefinitely. Mayor Pro Tem Souza returned to the dais. 11.8. ADOPTION OF DESIGN GUIDELINES FOR SPEED HUMPS Public Works Director Wallace said the Traffic Commission recommended that the Council approve design guidelines for the installation of traffic humps. He said the City does not have a standard design or guidelines for installation of speed humps. He said the design guidelines would include evaluation of street type, traffic volume, traffic speed, and traffic shift. He said there would be a need for 60 percent of those residents affected to sign a petition requesting installation of the humps; the need for Traffic Commission review prior to Council action, and cost- sharing with requesting residents if a specific request does not meet all the required guidelines. Larry Green of 393 Rodeo Drive spoke in support of the Traffic Commission recommendation. It was moved by Brandy/Fuller and passed (5-0-0) to adopt the Design Guidelines in accordance with the Traffic Commission recommendation for the installation of speed humps and direct staff to evaluate each particular installation on a case by case basis, bringing back all requests for Council approval prior to installation. 11.C. IMPr,F.MF.NTATION OF PERMIT PARKING AND TWO-HOUR PARKING ON A PORTION OF STATION WAY ADJACENT TO FAIR OAKS AVENUE The Public Works Director said the Traffic Commission recommended 5 . - ~--- . CITY COUNCIL MINUTES MARCH 26, 1996 the council adopt a resolution implementing permit parking and a two-hour parking restriction on station Way from the intersection of Station Way and Fair Oaks Avenue approximately 1,000 feet northerly along station Way. He said the area of Station Way is being impacted by overflow parking from Arroyo Grande High School. Chief of Police TerBorch said parking permits would be free and the Lucia Mar Unified School District is building a new parking lot that would take some of the load off the street. Virginia French Rogers requested that existing two-hour parking zones in the Village be enforced. It was moved by Lady/Fuller and passed on a roll call vote (3-2-0, with Lady, Fuller, and Dougall voting aye and Souza and Brandy voting no) to Establish a "No Parking Except by City Permit" Zone and a Limitation of Parking for Two Hours on station Way (Municipal Code Sec. 4-3.05). 11.D. LETTER OF SUPPORT FOR THE COMMUNITY CENTER IN OCEANO Parks and Recreation Director Keisler recommended the Council approve sending a letter of support for development of a community Center in Oceano to the Oceano Community Services District. He said the district board is applying for Community Development Block Grant funds to develop the community center. It was moved by Lady/Fuller and passed (5-0-0) to send the letter of support. 12. CITY COUNCIL REPORTS (a) Mayor Dougall reported on activities of the South San Luis Obispo County Sanitation District and the Local Agency Formation Commission. (b) Mayor Pro Tem Souza said he had no reports to give. (c) council Member Brandy reported on the Zone 3 Water Advisory Committee and County Water Resources Advisory Committee. He said San Luis Obispo County will be refunding to Arroyo Grande approximately $10,000 to $13,000 for inaccurate meter readings. He asked the council if the City would like the refund to be in cash or have the amount applied to the City's water allocation. There was Council consensus that the refund be in cash. (d) Council Member Lady reported on activities of the San Luis Obispo Council of Governments and San Luis Obispo Regional Transit Authority. 6 ........... .1..1., . CITY COUNCIL MINUTES MARCH 26, 1996 (e) Council Member Fuller reported on activities of the Integrated Waste Management Authority Board. 13. WRITTEN COMMUNICATIONS (a) The City Manager said there had been no response to an advertisement calling for the public to serve on the Mobile Home Rent Review Board. He said he would readvertise for 30 days and also contact service groups. (b) There was Council consensus that Mayor Dougall should vote "no" on a 1/2 cent Countywide sales tax to improve State Highway 46, when the matter appears on the Mayors' meeting agenda. 14. ORAL COMMUNICATIONS Council Member Lady complimented staff on the new "Tell Us" brochure, which solicits public comment on customer service. 15. ADJOURNMENT . It was moved by Brandy/Souza and passed (5-0-0) to adjourn the meeting a 10:30 p.m. 7{' a.~ NANC~IS, CITY CLERK 7 ~