Minutes 1996-04-23
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 23, 1996
CITY COUNCIL CHAMBERS, 215 EAST BRANCH S'I'REET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
The City Council of the city of Arroyo Grande met in regular
session at 7:30 p.m., with Mayor A. K. "Pete" Dougall presiding.
2. AND 3. FLAG SALUTE AND INVOCATION
Mayor Pro Tem Souza led the Pledge of Allegiance to our Flagr and
the Rev. Luanne Jacks Griguoli of Nipomo Community Presbyterian
Church delivered the invocation.
4. ROLL CALL
Present with Mayor Dougall were Mayor Pro Tem James Souza and
Council Members Drew Brandy, Michael Lady, and Michael Fuller.
Staff members present were city Manager Robert L. Hunt, city
Attorney Tim Carmel, City Clerk Nancy Davis, Community
Development Director Doreen Liberto-Blanck, Parks and Recreation
Director John Keisler, Public Works Director John Wallace, and
Associate Planner Lori Rosenstein.
5. SPECIAL PRESENTATIONS
(a) Proclamation: Beta Sigma Phi Days, May 17, 18, and 29, 1996
Accepted by a representative of Beta Sigma Phi
(b) Proclamation: Arbor Day, April 26, 1996
Accepted by Mr. Keisler.
(c) Proclamation: National Tourism Week, May 5 - 11, 1996
Accepted by Lynn La Tronica of the San Luis Obispo County
Visitors' Bureau
6. AGENDA REVIEW
City Manager Hunt said letters received concerning Agenda Item
11.a. had been distributed to the Council. There was Council
consensus that Agenda Item 11.a. be moved to the Public Hearing
section of the Agenda and be designated as Item 7.c. Mayor
Dougall said members of the public would be invited to speak on
the item.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY
It was moved by Souza/Fuller and unanimously passed (5-0-0) that
all resolutions and ordinances presented at the meeting be read
in title only and all further reading be waived.
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7.A. PUBLIC HEARING - INTRODUCTION OF AN ORDINANCE CONCERNING
CABLE TELEVISION FRANCHISES REPEALING CHAPTER 2 OF TITLE 5 OF THE f'~
ARROYO GRANDE MUNICIPAL CODE AND ADDING THERETO A NEW CHAPTER 2 I
City Manager Hunt gave a history of the city's franchise with I
sonic Cable Television. He said the franchise h~d expired and
before entering into a new franchise, the City's current
ordinance regulating community antenna television systems should ....
be updated. He discussed areas where staff and Sonic Cable
Television officials could not reach agreement. He recommended
the council introduce for first reading an ordinance repealing
Chapter 2 of Title 5 of the Arroyo Grande Municipal Code and
adding thereto a new Chapter 2 and instruct the City Clerk to
file a Notice of Categorical Exemption. He said after the
ordinance is adopted, staff would move ahead with the franchise
agreement.
After being assured that the Public Hearing had been duly noticed
and all legal requirements met, Mayor Dougall opened the hearing
to the floor.
Jeff Smith, Sonic Cable Television General Manager, said Sonic
objections to some parts of the proposed ordinance should not
prevent the Council with moving forward with the ordinance.
When no one further came forward to speak, Mayor Dougall closed
the hearing to the floor.
It was moved by Lady/Fuller and passed unanimously (5-0-0) to
introduce the ordinance Repealing Chapter 2 of Title 5 of the
Arroyo Grande Municipal Code and Adding Thereto a New Chapter 2.
7.B. PUBLIC HEARING - ESTABLISHMENT OF A GREEN WASTE RECYCLING
PROGRAM, FEE FOR SERVICE. AND AMENDMENT TO THE CURRENT RECYCLING
CONTRACT
city Manager Hunt said on March 6, 1996 the Council approved an
agreement with ~CCO Recycling for curbside collection services
in the city. He said an element of the program is the collection
of green waste. He said the agreement was modified in two. areas,
as follows:
(1) Item 0, Exhibit A, was changed to read, "Contractor shall [-
prepare green waste program for the collection of residential
yard waste and shall submit it to the City Council for review and
approval on or before July 1, 1996. Green waste shall be
collected once a month commencing after Council approval of the
program."
(2 ) Item C1 of the same Exhibit was modified to read "A
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CITY COUNCIL MINUTES
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promotional campaign highlighting the addition of green waste
collection shall occur for a period of 90 days after Council
approval."
Mr. Hunt said RALCCO had prepared a Green Waste Recycling Program
and he described the contents of the program. He said because
the proposed green waste program identifies fees in greater
detail than the Recycling Agreement, staff recommended an
amendment to the current agreement to ensure consistency between
the two documents. He said under the approved contract with
RALCCO, the City is reimbursed for its administrative cost of
collecting recycling fees.
After being assured that the Public Hearing had been duly
published and all other legal requirements met, Mayor Dougall
opened the hearing to the floor.
steve McGrath of RALCCO discussed the green waste program with
the Council.
Marie Burt of 414 Orchard expressed her concerns about the
program.
When no one further came forward to speak, Mayor Dougall closed
the hearing to the floor.
There was consensus among the Council Members that property
owners may apply for exemptions to the green waste collection
service program if they compost yard refuse.
Mr. Hunt said staff would bring back to the Council at the May
14, 1996 meeting the resolution establishing fees for recycling
services including a modification to allow an exemption for those
who compost yard refuse, and an amendment to the current Curbside
Collection Recycling Program Agreement.
7.C. (FORMERLY ITEM 11.A.) MODIFICATION OF RODEO DRIVE FOR
REGULATION OF TRAFFIC AND TRAFFIC-CALMING MEASURES
Mayor Dougall said the proposal to change part of Rodeo Drive to
a one-way street has been dropped because there were many
objections.
PUblic Works Director Wallace said the Traffic Commission had
studied the problem of speeding on Rodeo Drive and recommended
(1) the installation of stop signs at Rodeo Drive and Grace Lane
and Rodeo Drive and Emerald Bay Drive; (2) the installation of
speed humps on Rodeo Drive as part of the FY 1996-97 Budget
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CITY COUNCIL MINUTES
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process; (3 ) if the Council wishes to consider the installation
of speed humps, that a petition from the "affected households" be r
submitted indicating that 60 percent of those affected are in
support of the installation, and (4) the Council amend the
recently adopted Design Guidelines for Speed Humps to define
affected households as those residences fronting on the subject t
street(s) [in this particular situation - Rodeo Drive between
Grace Lane and 100 feet south of Mercedes Drive, along with homes
on Emerald Bay Drive].
Mr. Wallace said installation of the stop signs could take place
this fiscal year, but the speed humps ($16,000) would require
consideration within the FY 1996-97 budget process. He showed a
series of slides on the overhead projector concerning the number
of cars on the streets, slopes, and speed humps.
Mayor Dougall opened the meeting to the floor.
Members of the public speaking to the Council were Ralph Plumb of
291 James Way, Larry Greene of 393 Rodeo Drive, Tyler Brown of
400 Rodeo Drive, Rick Tellez of 415 Rodeo Drive, Ross Kongable of
255 Rodeo Drive, Lynn Parks of 1146 Maple Street, Joanne
Bienenfeld of 418 Spanish Moss Lane, Levonia Dodgen of 182 Rodeo
Drive, Dane Phillips of 430 Spanish Moss Lane, Joe Halvorsen of
Arroyo Grande, Cindy Orr of 464 Rodeo Drive, Lupe Acosta of 203
Rodeo Drive, Della Burdine of 163 Spruce Street, Clair
Nagelschmidt of 315 spanish Moss Lane, Frank Madden of 210 Rodeo
Drive, Robin Greene of 393 Rodeo Drive, Frank Crowder of 218
Rodeo Drive, Peggy Kettelson of 282 Rodeo Drive, Melvin Fowler of
226 Rodeo Drive, Steve Atlas of 250 Rodeo Drive, Dick Franks of
879 Fair Oaks, Stan Kettelson of 282 Rodeo Drive, and Lucio
Acosta of 203 Rodeo Drive.
When no one further came forward to speak, Mayor Dougall closed
the hearing to the floor.
It was moved by Lady/Brandy and the motion passed unanimously (5-
0-0, Lady, Brandy, Fuller, Souza, and Dougall voting aye) to
adopt Resolution No. 3138 Establishing stop Signs at the
Intersections of Rodeo Drive and Grace Lane. Council Members
reached consensus that street signage be should be repainted and r
traffic enforcement increased.
COUNCIL MEMBERS WERE IN RECESS FROM 8:55 TO 9:05 P.M. j
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8. PUBLIC COMMENT PERIOD
No one came forward to speak.
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9. CONSENT AGENDA
It was moved by Souza/Fuller and passed on a roll call vote
(3-1-1, Souza, Fuller, and Dougall voting aye, Lady abstaining
from voting on the Council Minutes of April 9, 1996, and Brandy
absent for this agenda item) to approve Consent Agenda Items 9.a.
through 9.d., with the recommended courses of action.
9. (a) Minutes of City council Meetings of February 27, March 13,
March 26, and April 9, 1996. Approved.
9.(b) Register of Checks/Demands. Approved.
9. (c) Letter of support for Performing Arts Theater. Approved.
9.(d) Mason/poole/Whiteley streets, Water, Sewer, and Street
Project; Final Payment and Settlement Agreement. Approved.
11.B. UPDATE OF CANBY'S BACKCOUNTRY BARBECUE CONDUCTING BUSINESS
AT J.J.'S .MARKET PARKING LOT
Associate Planner Rosenstein said Harry Canby had come to the
Council on April 9, 1996 to discuss his concern over Development
Code standards for his proposed outdoor barbecue in the parking
lot at J.J.'s Market. She said Council directed Mr. Canby to
meet with Community Development Department Staff to resolve his
concerns. She said staff determined that a Conditional Use
Permit would be necessary, but Mr. Canby requested that his
proposed outdoor barbecue in the parking lot be classified as a
"sale of seasonal products" and this would entitle him to 60 days
of operation per calendar year. She said the item could be
placed on the Planning Commission agenda of May 7, 1996.
It was moved by Souza/Lady and the motion passed unanimously to
refer matter to the Planning Commission to discuss at its meeting
of May 7, 1996.
11.C. STATUS OF LOS ROBLES DEL MAR PRojECT IN PISMO BEACH
Mayor Pro Tem Souza said he may have a conflict of interest on
this Agenda Item and on Item 11.d. and left the room.
Community Development Director Liberto-Blanck said the Los Robles
Del Mar Project consists of a private school on the 28 acre
parcel, 289 single family residences on approximately 91 acres,
and approximately 69 acres of open space. She described letters
of concern written to the pismo Beach City Council by the City of
Arroyo Grande. She said the developers will request that the
property be annexed to the City of pismo Beach.
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Ms. Liberto-Blanck said staff had identified the following
options for Council consideration: r"
1. Direct staff to write a formal letter to LAFCO recommending: J
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a. LAFCO not approve the annexation; and/or I
b. LAFCO initiate litigation based on environmental issues.
2. Direct staff to attend the LAFCO meeting on the project.
3. Direct the City Attorney to initiate litigation based on
environmental issues. Impact to the General Fund could range
from $20,000 - $40,000 depending on the extent of litigation
needed to resolve all issues.
4. Support the Arroyo Grande homeowners (not monetary support)
should they decide to litigate based on environmental issues.
She said staff recommends alternatives 1.a., 2. , and 4.
Speaking to the Council about the affects the project would have
on the City of Arroyo Grande were Brad O'Laughlin of 709 Cardinal
Court, Bob May of 836 Robin Circle, Joe Costello of 1088 Robin
Circle, Sue Ventrone of 839 Meadowlark, Betty LaPlante of 868
Robin Circle, Rick Totah of 812 Robin Circle, Steve Lorence of
807 Meadowlark, Cathryn Lindner of 852 Robin Circle, Tom Ray
Kubler of 1232 Paseo Ladera.
It was moved by Fuller/Dougall and the motion passed (3-1-1,
Fuller, Dougall, and Brandy voting aye, Lady voting no, and Souza
abstaining) to approve the following options:
1.a. Direct staff to write a formal letter to Local Agency
Formation Commission recommending LAFCO not approve the
annexation as currently proposed;
2. Direct staff to attend the LAFCO meeting on the project, and
4. Support (not monetarily) the Arroyo Grande Homeowners should
they decide to litigate based on environmental issues.
11.D. INTERPRETATION OF POLICY STATEMENT 1.4 OF THE OPEN SPACE
AND CONSERVATION ELEMENT OF THE GENERAL PLAN. APPLIED FOR BY \- ."
TATSUME KAWAOKA
Mayor Pro Tem Souza said he may have a conflict of interest on
this matter and remained out of the room.
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community Development Director Liberto-Blanck explained what is
said in the city's Open Space and Conservation Element (OSCE) of
the General Plan about the city Council interpreting whether or
not agriculture water rights can be converted to non-agricultural
use in the city. She said the Planning commission recommended
the Council adopt a resolution providing the interpretation that
OSCE Policy 1.4 applies to all property zoned, designated in the
General Plan, and/or used for agriculture. She said staff had
identified two possible alternatives for Council consideration,
as follows:
1. The city Council may interpret that the policy would disallow
credit for agricultural water use from being given when any land
used or designated for agriculture is converted to urban use.
2. The City Council may interpret that the policy only applies to
parcels designated in the General Plan for agricultural usage.
Burtram Johnson, who represents the applicants, spoke in favor of
the Council interpreting that the OSCEPolicy 1.4 only applies to
parcels designated in the General Plan for agricultural usage.
It was moved by Lady/Fuller and the motion passed (3-1-1, Lady,
Fuller, Brandy, and Dougall voting aye; Brandy voting no, and
Souza abstaining) to adopt Resolution No. 3139 Providing the
Interpretation that Open Space and Conservation Element Policy
1.4 Applies only to Properties Zoned or Designated in the Gener~l
Plan for Agricultural Purposes.
Mayor Pro Tern Souza returned to the dais.
11.E. DEVELOPMENT OF A CITYWIDE DRAINAGE MASTER PLAN AND
FINANCING ALTERNATIVES
Public Works Director Wallace said the City of Arroyo Grande has
faced water problems that exceed its resources and the storms in
January and March, 1995 once again pointed out some of the major
inadequacies of the City's drainage structure. He said the
city's present sources of revenue are minimally adequate to
provide for ongoing maintenance and inadequate to pay for
substantial improvements to the city's creeks, channels, drainage
basins, and storm drains. He listed the issues that need to be
addressed, financing, and identified the projects that need to be
undertaken. He said staff recommended the Council begin the
process by providing for a master drainage plan as part of the
1996-97 fiscal year budget, including a summary of the most
feasible financing alternatives and methods of spreading costs to
properties within the City. He said funding for the master plan
is estimated to cost approximately $40,000.
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It was moved by Brandy/Fuller and the motion passed unanimously
to direct staff to proceed with the development of a city Wide
Drainage Master Plan and request proposals to identify related
financing alternatives. ~.~,
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11. F. STATE HIGHWAY ACCOUNT FUNDING ~T,T .oCATIONS: JAMF,S WAY f
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STREET STORM DAMAGE RESTORATION/BIKEWAY PROJECT 12 <
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The Public Works Director said staff is basically looking at the
James Way Restoration project, where the sidewalk fell into more
than 800 feet of roadway. He said staff proposes to fund the
repair with state Highway Account or Federal Highway
Administration-Emergency Relief Fund monies. He said the other
project being look at is the Bikeway Project No. 2, which
includes expanding Fair Oaks to a four-lane road and providing
drainage facilities. He said the bikeway will go down Valley
Road and the roadway would be restriped and expanded to provide a
bike lane. He said funding would be from the state Highway
Account.
It was moved by Brandy/Souza and the motion passed unanimously to
approve staff recommendations, as follows:
1. Find that the reallocation of state Highway Account funds for
the James Way Restoration Project and the Bikeway Project #2
(Valley Road, Fair Oaks Ave.) is consistent with the City
Council's December 14, 1993, Resolution No. 3016;
2. find that the proposed alternative transportation improvements
are of local and regional significance and that these projects
implement a range of alternative transportation measures;
3. approve the submittal of the Cooperative Agreements and letter
to San Luis Obispo Council of Governments, which will authorize
reallocation of a total of $267,462 of Urban state Highway
Account funds for the proposed projects;
4. find that the subject projects are categorically exempt as
Class 1 projects (Section 15301 of the CEQA Guidelines);
5. approve the final plans and specifications for the Bikeway #2
and James Way Reconstruction projects, and
6. authorize staff, upon the completion of the fund transfers, to t
advertise the Bikeway Project #2 and James Way reconstruction
projects for bidding.
12. CITY COUNCIL REPORTS
It was moved by Lady/Souza and the motion passed unanimously not
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to hear city Council Reports because of the lateness of the hour.
13. WRITTEN COMMUNICATIONS
(a) Mayor Dougall said the city had received two applications for
the Mobile Home Rent Review Board.
14. ORAL COMMUNICATIONS
Mayor Dougall said May 4, 1996 is the March of Dimes Walk and
that he had committed the council to its usual donation.
15. ADJOURNMENT
It was moved by Fuller/Lady and the motion passed unanimously to
adjourn the meeting at 11:45 p.m. to the All-city Councils
Meeting at 7 p.m. Thursday, April 25, 1996 .at the Embassy suites
Hotel, 333 Madonna Road, San Luis Obispo.
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