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Minutes 1995-10-10 . I MINUTES , REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 10, 1995 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 A. K. "Pete" Dougall presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Boy Scout Troop 432, Roy Storer, Scoutmaster, led the Pledge of Allegiance to our Flag, and the Rev. Phil Coleman of Oak Park Foursquare Church delivered the invocation. 3. ROLL CALL Present with Mayor Dougall were Mayor Pro Tern James Souza and Council Members Drew Brandy, Michael Fuller, and Michael Lady. Staff members present were City Manager Robert L. Hunt, City Attorney Roger Lyon, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, Parks and Recreation Director John Keisler, and Public Works Director John Wallace. 4. SPECIAL PRESENTATIONS a. Letter of Appreciation - Flag Salute Presentation. Mayor Dougall presented the letter to Gene Storer, Spencer Hunt, Brandon Benzen, and R. J. Smart, Boy Scouts; Mr. Storer, Scoutmaster, and Charles Hunt, Assistant Leader. b. Presentation of Honorable Mention Award to the City of Arroyo Grande in the Category of Economic and Community Development; Califonlia cities Helen Putnam Award for Excellence. Mayor Dougall presented the award to Community Development Director Liberto-Blanck. c. Proclamation - "Harriet Quimby Day," October 14, 1995. Mayor Dougall presented the proclamation to Jean Hubbard of the South Council Historical Society. d. Proclamation - "Red Ribbon Week," October 23 - 31, 1995. Mayor Dougall presented the proclamation to Starr Graber and Robert Gurrola, president of the Mariposa Recovery Center Board of Directors. 5. ORAL COMMUNICATIONS Peggy Wilson of Oceano spoke about the new San Luis Obispo County Animal Regulation ordinance. She asked the Council to support the funding of a "humane educator" and to direct the Animal Regulation Department to stop releasing unaltered animals into the community. 1 I 45 CITY COUNCIL MINUTES OCTOBER 10, 1995 6. CONSENT AGENDA It was moved by Fuller/Lady, and the motion passed on a roll call vote, with Fuller, Lady, Brandy, Souza, and Dougall voting aye, to approve Consent Agenda Items 6.a. through 6. g . , 6.i. and 6.j. 6.a. September 12, 1995, City Council Minutes. Approved. 6.b. September 26, 1995, city Council Minutes. Approved. 6.c. Third Quarter, 1995, Sales Tax Revenue Report. Received and Filed. 6.d. September, 1995, Investment Report. Received and Filed. 6.e. Register of Checks. Approved. 6.f. Award of Landscape Maintenance Contract Bid. Awarded to low bidder J. C. Landscaping. 6. g. Declaration of Surplus Equipment; Gas Chlorination Equipment. Resolution No. 3096 approved. 6.i. Approval of Tow Service Bid: Police Department. Awarded to low bidder Kautz Towing. 6.j. Amendment to Section 3-3.501 of the Municipal Code to Modify Existing Construction Tax and Modify Existing Fire Impact Fee. Staff recommendation approved. continued to uncertain date. 6.h. Change Order No. 7 for Replacement of Water and Sewer Improvements in Mason, Poole, and Whiteley Streets and Related Pavement Rehabilitation: Project No. 60-70-95-1; Valenzuela Construction. It was moved by Fuller/Souza, and the motion passed unanimously to approve Consent Agenda Item 6.h., with direction to staff to evaluate the need for new pavement between East Branch Street and the north abutment at the Mason Street Bridge. 7.A. CONTINUED PUBLIC HEARING - PROPOSAL TO ADOPT A NEGATIVE DECLARATION FOR A ISO-ACRE SPHERE OF INFLUENCE AMENDMENT AND RESOLUTION TO LAFCO FOR A SPHERE OF INFLUENCE AMENDMENT: CASE J:i!t<", , 51 0101.01: SOUTHEAST OF HIGHWAY 101. AND CITY LIMITS. ADJACENT I TO EL CAMPO ROAD: APPLICANT: CITY OF ARROYO GRANDE I The community Development Director referred to her October 10, I i 1995 staff report and said as part of the 1995/96 budget, the b:" City Council designated $3,600 in the Community Development Department's contractual service account to submit an application to LAFCO for a Sphere of Influence amendment involving the Fredericks' property. She said $3,100 was for the LAFCO application and $500 was a deposit for the County Planning and 2 46, CITY COUNCIL MINUTES OCTOBER 10, 1995 Building Department's review, which is on a time and material basis. She said additional funds may be requested later. She said the Council's packet included an April 11, 1995 staff report [ and minutes, the LAFCO application, the Initial Study and Draft Negative Declaration, and responses to comments from San Luis Obispo County Development Services Engineer and Environmental Specialist. She said a letter had arrived that day from Paul L. Hood, LAFCO Deputy Executive Officer. After being assured 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. Mike Frederick, owner of the property in question, said he was pleased the Council was taking this first step to include his land in the City's Sphere of Influence. Heather Jensen, Executive Director of the Chamber of Commerce, said she was speaking for the Chamber Board of Directors in praising the Council's action and that the City needs to be positioned to have a part in directing the development south of the City. Marie cattoir, 195 Orchid Lane, also supported the Council's action and said she hoped when Highway 227 is extended, the EI Campo interchange will be utilized, thus causing less disturbance of the neighborhood. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. Mayor Dougall and Council Members Lady, Fuller and Brandy supported the move toward enlarging the City's Sphere of Influence. Mayor Pro Tern Souza said he felt the project should be smaller, more like 30 to 40 acres. It was moved by Lady/Brandy to authorize expenditures to process the LAFCO Sphere of Influence application and the issuance of a check in the amount of $3,600, with Lady, Brandy, Fuller, and Dougall voting aye and Souza voting no. r It was moved by Lady/Fuller to authorize the City Manager and Community Development Director to sign application forms. and I I represent the city, as needed, with Lady, Fuller, Brandy, and I \ Dougall voting aye and Souza voting no. ~ It was moved by Lady/Brandy to instruct staff to complete and submit the LAFCO package, with Lady, Brandy, Fuller, and Dougall 3 47 CITY COUNCIL MINUTES OCTOBER 10, 1995 voting aye and Souza voting no. It was moved by Brandy/Lady to approve Resolution No. 3097 Adopting a Negative Declaration Concerning the City's Request that the Local Agency Formation Commission Take Proceedings for a Sphere of Influence Amendment Located South of the City, and to note the City Council had considered the correspondence from the County Planning and Engineering Departments and the LAFCO staff. Council Members Brandy, Lady, and Fuller and Mayor Dougall voted aye and Council Member Souza voted no. It was moved by Lady/Fuller to instruct the City Clerk to file a Notice of Determination, with Lady, Fuller, Brandy, and Dougall voting aye and Souza voting no. 7.B. PUBLIC HEARING - ECONOMIC DEVELOPMENT PLANNING ACTIVITY APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 1995 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The Community Development Director referred to her October 10, 1995 staff report and recommended that the Council conduct a public hearing to provide opportunity for comment regarding the City's intention to submit a grant application and to adopt a resolution authorizing the City to apply for the funds and commit $5,600 in local matching funds. After being assured the Public Hearing had been duly published and all legal requirement met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. When no one carne forward to speak, Mayor Dougall closed the hearing to the floor. It was moved by Lady/Souza (5-0-0, Lady, Souza, Brandy, Fuller, and Dougall voting aye) to approve Resolution No. 3098 Approving an application for Funding for a Business Development Marketing Strategy and the Execution of a Grant Agreement from the Planning/Technical Assistance Allocation of the State CBDG Program. 8.A. RANCHO GRANDE PARK: AUTHORIZATION TO UPDATE TRAFFIC STUDY AND NEGATIVE DECLARATION Council Member Lady said he may have a conflict of interest on this matter and left the room. The Community Development Director referred to her October 10, 1995 staff report and said the Planning Commission recommended the City Council allocate $12,000 to update the traffic study and draft Negative Declaration. She said Quimby Act funds would be used to pay for the updated information. 4 48 CITY COUNCIL MINUTES OCTOBER 10, 1995 Mayor Dougall referred to the September 19, 1995 staff report to the Planning Commission listing alternatives the Commission could consider when making a recommendation to the Council. He asked [ Ms. Liberto-Blanck if the commission had discussed those alternatives and she said no, not in detail. Council Member Souza said the Council was still deadlocked two to two on the proposed park in Rancho Grande and he did not see any sense in spending $12,000 if the Council does not agree on this plan. He said until such time as the majority of the Council agrees on a park plan or some other alternative, he could not see spending any money. Council Member Fuller said there has been a tremendously huge investment in the park, and it is not a good investment of City money when nothing gets accomplished. He said the options in the Planning Commission packet should be discussed. Council Member Souza said something had been accomplished, preparation of the Elder Plan, which could be built at that site. He said he did not see investing any more money in something that does not have the support of the city Council. Council Member Brandy said he concurred with Council Member Souza entirely. He said if the traffic study were done, it would be challenged and then by the time the construction of the park begins a new traffic study would be requested and more money spent. It was moved by Fuller/Souza, and the motion passed on a roll call vote with Fuller, Souza, Brandy and Dougall voting aye, and Lady absent, to not authorize funds to update the Rancho Grande Park Traffic Study and Negative Declaration. City Attorney Lyon said at this stage the staff had direction from the Council not to do any further work on Rancho Grande Park. Mayor Dougall suggested that Council direct staff to analyze the alternatives and bring them back to the Council. Council Member Fuller said he would like to look at the alternatives, l particularly the one whereby the park land could be sold. Council Member Brandy did not agree with the other Council Members. He said no more time and money should be spent on studying alternatives, when two Council Members and part or all of the community still want a park in Rancho Grande. Mayor Dougall indicated the Council had voted not to expend funds 5 49 CITY COUNCIL MINUTES OCTOBER 10, 1995 to update the Traffic Study and with that vote the Council would move on to the next item. Council Member Lady returned to the dais. 8. B. ADULT BUSINESS ORDINANCE: REFER TO PLANNING COMMISSION FOR RECOMMENDATION The City Attorney referred to the October 10, 1995 staff report of Assistant City Attorney Timothy Carmel, who recommended that the City Council seek a recommendation from the Planning Commission on the proposed Ordinance amending Title 9 of the Arroyo Grande Municipal Code to establish regulations for adult businesses. Mr. Lyon said the procedure would be to refer the matter to the Planning Commission to consider the draft ordinance and make a recommendation to the City Council. He said an urgency ordinance could not be considered because it was done several years ago and the Council was precluded from repeating that process. The Community Development Director said the draft ordinance would go to the Planning commission October 17, 1995 and the Council would begin discussion of the ordinance in November. It was moved by Souza/Lady, and the motion passed unanimously to refer the draft Ordinance to Establish Regulations for Adult Businesses to the Planning Commission for a recommendation. 8. C. AMENDMENT TO UTILITY USERS TAX ORDINANCE City Manager Hunt said based on the Council's reductions at the budget hearing of September 26, 1995 staff had revised, with the assistance of the City Attorney's office, the utility Users Tax Ordinance reducing the tax from 5 percent to 3.8 percent, adding a hardship exemption for those people who both reside in and have a business in the City, and a de-escalation clause that has two separate calculations with the intent of reducing or eliminating the tax that much quicker. He said staff was aSking the Council to hold the first reading of the Ordinance Amending Ordinance 454 C.S. Council Member Fuller asked if the hardship applications from those people who both lived in the City and had businesses here would have to be reviewed by staff. Mr. Hunt said yes it involves interaction because only the applicant has the records of payment. He said there w~s no deadline for filing. Mayor Dougall read the title of the proposed Ordinance. It was moved by Souza/Fuller, and the motion passed unanimously to hold the first reading of the Ordinance of the City of Arroyo Grande Amending Ordinance No. 454 C.S. 6 5 Q. . . CITY COUNCIL MINUTES OCTOBER 10, 1995 9.A. IMPACTS OF CALIFORNIA SUPREME COURT DECISION: SANTA CLARA COUNTY LOCAL TRANSPORTATION AUTHORITY V. GUARDINO The City Manager referred to his October 10, 1995 staff report on [ the Supreme Court decision, and recommended the City Council to direct staff to hold in abeyance all non-health/safety capital purchases, the initiation of any new capital improvements projects, and institute a hiring freeze for all non-public safety positions until January 1, 1996. He said if his recommendation were adopted, the City would delay major expenditures until such time as the issues surrounding the Santa Clara case come into clearer focus. Council Member Lady asked if it would be necessary to refund taxes collected, and the City Attorney said in the worst case scenario it would be. Mayor Dougall said he hoped to learn more at the League of California conference beginning October 21, 1995. The Council agreed to the City Manager's recommendation. 9.B. REOUEST BY ORCUTT MINERAL SOCIETY FOR USE OF THE CITY'S FIVE-ACRE PARCEL ON WEST BRANCH STREET FOR PARKING PURPOSES DURING THE ANNUAL RAINBOW OF GEMS SHOW. NOVEMBER 4 AND 5. 1995 Community Development Director Liberto-Blanck referred to her October 10, 1995 staff report on the Use of City Property by the Orcutt Mineral Society, and recommended the City Council approve use of city property by the Orcutt Mineral Society. After Council questions, it was moved by Lady/Brandy, and the motion passed unanimously to approve the Community Development Director's recommendation. 9.C. YOUTH IN GOVERNMENT DAY: REOUEST TO RE- INSTITUTE THE PROGRAM IN COOPERATION WITH THE ARROYO GRANDE HIGH SCHOOL The City Manager referred to his October 10, 1995 staff report on Youth in Government Day and recommended that it be re-instituted in cooperation with Arroyo Grande High School. It was moved by Brandy/Lady, and the motion passed unanimously to approve the City Manager's recommendation. [ 9. D. CLOSURE OF BRANCH MILL ROAD FOR STATE WATER PROJECT The City Manager and Public Works Director Wallace referred to Mr. Wallace's October 10, 1995 staff report on the closure of Branch Mill Road and recommended the City Council adopt the Resolution authorizing the temporary closure of a portion of Branch Mill Road for construction of the State Waterline Project. 7 . . 51 ., . " CITY COUNCIL MINUTES OCTOBER 10, 1995 It was moved by Brandy/Souza (5-0-0, Brandy, Souza, Lady, Fuller and Dougall voting aye) to approve Resolution 'No. 3099 Authorizing the Temporary Closure of a Portion of Branch Mill Road Lying within the City Limits of Arroyo Grande, Adjacent to Tracts 256 and 273 for Construction of the State Waterline Project. 9.E. CHANGE IN MEETING TIME: TRAFFIC COMMISSION Mr. Wallace referred to his October 10, 1995 staff report on a Municipal Code Change for Traffic Commission Meetings. He recommended Council conduct the first reading of the Ordinance. The City Manager said the ordinance change would allow the Traffic Commission to set the day and time of its meetings, thereby precluding the necessity of ordinance amendments on those subjects in the future. Mayor Dougall read the title of the Ordinance. It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Fuller, Lady and Dougall voting aye) to have the first reading of the Ordinance Amending Municipal Code Title 4, Chapter 3 Regarding Meetings of the Traffic Commission. 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS Council Member Lady praised the legal staff for its work on the Adult Business Ordinance. 12. CLOSED SESSION None. 13. ADJOURNHENT It was moved by Souza/Fuller, and the motion passed unanimously to adjourn the meeting at 8:50 p.m. .,....... ATTEST: Lfl a.~ NANCY~IS, CITY CLERK 8