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Minutes 1995-11-14 58. · '- MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, NOVEMBER 14, 1995 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL MEETING OF THE CITY COUNCIL [ The ?ity Council of the City of Arroyo Grande met for a Special Meet1ng at 6:45 p.m., with Mayor A. K. "Pete" Dougall presiding." 1. CLOSED SESSION Mayor Dougall; Mayor Pro Tem James Souza, City Council Members Drew Brandy, Michael Fuller, and Michael Lady; City Manager Robert L. Hunt; City Attorney Roger Lyon, and Chief of Police Rick TerBorch adjourned to a Closed Session on the following: (a) Conference with Labor Negotiator: Gov. Code Sec. 54957.6 Agency Negotiator: Chief TerBorch Employee Unit: Part-Time Employees 2. ADJOURNMENT The city Council reconvened at 7:15 p.m. after the Closed Session and adjourned to the Regular City Council Meeting at 7:30 p.m. City Attorney Lyon said there was no reportable action taken in Closed Session. REGULAR MEETING OF THE CITY COUNCIL 1. Cl'T.T. TO ORDER The City Council began its Regular Meeting at 7:30 p.m., with Mayor Dougall presiding. 2. AND 3. FLAG SALUTE AND INVOCATION Camp Fire Girls, En-Le-Tri-Ay and All Stars; Sharon Naccarati, Leader; led the Pledge of Allegiance to our Flag. The Rev. Jared Hoover of First Assembly of God Church delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tem Souza, Council Members Brandy, Fuller, and Lady. Staff Members present were City Manager Hunt, City Attorney Lyon, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, and Public Works Director John Wallace. W 5. SPECIAL PRESENTATIONS ( a ) Letter of Appreciation -. Flag Salute Presentation. May,:,r:.~~, Dougall read the letter and J.t was accepted by the En-Le-TrJ.-Ay " and All Stars Camp Fire Girls Valerie and Anna Naccarati, Caitlin Spencer, Maddy Phillips, Kerry Bridge, Maris McCarthy, and Natalie Stocks. 1 - ----_.._-~.,. . ( , 59 - CITY COUNCIL MINUTES NOVEMBER 14, 1995 6. AGENDA REVIEW Cit~ Manager Hunt said Item 12.c., Mayor Dougall's report on the J recent League of California cities conference, had been added to , ' the agenda packet. 6.A. A MOTION THAT AT.T. RESOLUTIONS AND ORDINANCES PRESENTED TONIGHT BE READ IN TITLE ONLY AND AT.T. FURTHRR READDlG BE WAIVED It was moved by Souza/Brandy, and the motion passed unanimously to approve the reading in title only of all resolutions and ordinances presented at tonight's meeting. 7.A. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 95-527: A PROPERTY LINE ADJUSTMENT OF SIX COMMERCIAL PROPERTIES: TO RECONFIGURE THE PROPERTY BOUNDARIES TO FIVE PARCRT..q: WEST BRANCH STREET . CAMINO MERCADO. AND RANCHO PARKWAY (RANCHO GRANDE): APPLICANT: GENCOM. INC. ' The Community Development Director said the applicant had requested a continuation of this agenda item. It was moved by Souza/Lady, and the motion passed unanimously to continue the item to November 28, 1995. 7.B. PUBLIC HEARING - AMENDMENT TO TITLE 9 OF THE MOlfICIPAL CODE (DEVELOPMENT CODE) ESTABLISHING REGULATION FOR ADULT BUSDlESSES: GC AND HC'ZONING DISTRICTS WITHIN THE CITY OF ARROYO GRANDE: CITY OF ARROYO GRANDE City Attorney Lyon referred to his November 14, 1995, staff report and recommended that the Council conduct the public hearing and, after its conclusion, (1) adopt the Resolution approving the Negative Declaration pursuant to CEQA; and (2) move to introduce the Adult Business Ordinance for a first reading. Mr. Lyon said the proposed ordinance had been reviewed by the Planning Commission. He gave details of the ordinance and said the buffer between an adult business and a residential zone or use was kept at 200 feet so as not to jeopardize the Constitutionality of the ordinance. Council Members asked questions of staff with regard to the buffer distance and Mr. Lyon said the ordinance could be challenged legally if it were more than 200 feet. He said staff J estimates that approximately five percent of all commercially zoned parcels within the City could serve as potential locations for adult businesses. After being assured that 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. 2 bU , - CITY COUNCIL MINUTES NOVEMBER 14, 1995 Susan Carr, 312 Gularte Road, expressed concerns about the Festival Theaters allowing NC-17 movies to be shown. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. ' counc~l Members and staff discus~ed the NC-17 movies extensively and d~rected staff to study poss~ble regulation of NC-17 movies shown in close proximity to children's movies. It was moved by Souza/Fuller (5-0-0 with Souza, Fuller, Lady, Brandy, and Dougall voting aye) to approve Resolution No. 3104 Adopting a Negative Declaration for an Ordinance Amending Title 9 of the Municipal Code to Establish Regulations for Adult Businesses. , It was moved by Brandy/Lady (5-0-0 with Brandy, Lady, Fuller, Souza, and Dougall voting aye) to hold the first reading ,of Ordinance 471 C.S. Amending Title 9 of the Municipal Code to Establish Regulations for Adult Businesses. Mr. Lyon said the Ordinance would be on the November 28, 1995, City Council meeting agenda as a Consent Agenda item. 7 . C. PUBLIC HEARING - RECEIVE PUBLIC COMMENT REGARDING THE F-l:NAL GRANTEE PERFORMANCE REPORT. WHICH BAS BRRN 'PRRPA.RRn FOR THJ 1994 ECONOMIC DEVELOPMENT PLANNINGlTEcmlICAL ASSISTANCE PROJECT: AND ACCEPT THE FINAL- REPORT OF ~ ECoNOMIC OPPORTUNITIES STUDY: APPLICANT: CITY OF ARROYO GRANDE The Community Development Director referred to her November 14, 1995, staff report and recommended the Council hear a presentation by a representative of Applied Development Economics, Inc., the consultant that conducted the Economic opportunity Study, and hold a public hearing on the matter. She also recommended that the Council accept the final report on the study and authorize submission of the Final Grantee Performance Report to the State. Doug Svensson, managing principal of ADE, gave an overview of the Economic opportunity Study his firm recently completed'. He said the study focused on three areas of economic ~evelQpment opportunity for Arroyo Grande, agricultural industries, medical services supplies, and retention of the auto dealerships in the city. He said an analysis of the agricultural industry in the Arroyo Grande valley. concluded that no substantial opportunities exist for food processors or agricultural suppliers. He said there is a limited need for additional medical services; however, a number of opportunities exist to attract medical instrument manufacturers and suppliers. He said a market also exists for an 3 c' . 61 - CITY COUNCIL MINUTES NOVEMBER 14, 1995 auto center, which could be located in Arroyo Grande. He . recommended annexation south of the City to support a long-term j economic development program. He said there should be continued : focus on commercial properties at the west end of Grand Avenue for development and expansion of local retail and office businesses. Mr. Svensson said a marketing campaign is the first step in implementing the report and ADE assisted the City in applying for a marketing grant. He said an auto center is a short-term goal and there are grants to assist in sit~ acquisition and development. Council Members commented on the report and Mayor Dougall said the short-term goals of the report should be implemented as soon as possible and the recommendations in the report shou~d not be allowed to flounder. After being assured that the Public Hearing had been duly publi~hed and all legal requirements met, Mayor Dougall declared the 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. It was moved by Lady/Brandy, and the motion passed unanimously to accept the final report of the Economic Opportunity Study a~d authorize the submission of the Final Grantee Performance Report to the California Department of Housing and Community Development. 8. PUBLIC COMMENT PERIOD No one came forward to speak. .9. CONSENT AGENDA It was moved by Souza/Fuller (5-0-0 with Souza, Fuller, Lady, Brandy and Dougall voting aye) to approve Consent Agenda Items 9.a. through 9.d., 9.f., 9.h., 9.i., and 9.k., with the recommended courses of action. 9.a. October 1995, Investment Report. Approved. ~ " 9.b. Register of Checks/Demands. Approved. " 9.c. The Remembrance Memorial for the California Korean War ."( Veterans; Request for Donation. Approved. 9.d. Nomination for Appointment to the San Luis Obispo county Flood Control and Water Conserva~ion District's Water Resources Advisory Committee; Member and Alternate Member; Period of 4 --"--"-~'~-~._-. ------_..~._._._, -- U~ , -- CITY COUNCIL MINUTES NOVEMBER 14, 1995 January 1, 1996, through December 31, 1997. Council Member Brandy and Deputy Public Works Director Avelino Lampitoc were approved as member and alternate, respectively. .., 9.f. Resolution Adopting the Memorandum of Understanding for the Arroyo Grande Police Officers' Association for 1995/96 - 1997/98 (Three Years); the Service Employees International Union, Local 817, Arroyo Grande Chapter for 1995/96 - 1996/97 (Two Years); and Adopting Compensation Program for Management and Confidential ' Employees. Resolution No. 3105 was adopted, with Council Members Souza, Lady, Brandy, Fuller, and Mayor Dougall voting aye. 9.i. DOT (Department of Transportation) Drug and Alcohol Testing Program. Approved and authorization given to execute the agreement. ... 9.k. Circulation Element Study; Amendment No. 2 to Consultant's Service Agreement; OMNI-MEANS, LTD. Approved and authorization given to exe~ute the agreement. 9.e. Second Reading of Ordinance Adopting Trip Reduction and Travel Demand Measures in Accordance with State Government Code sections 65089 and 65089.3; Citywide. Ordinance 470 C.S. was adopted. Council Members Souza, Lady, Brandy, and Mayor Dougall voted aye. Council Member Fuller said he did not believe in unfunded mandates and voted no. 9.g. Resolution Regarding the Mobilehome Fairness and Rental Assistance Act Initiative Ballot Measure. Council Member Lady pointed out the importance of opposing this measure and protecting the city's Mobile Home Rent Stabilization law. Resolution No. 3106 was approved, with Council Members Lady, Fuller, Souza, Brandy, and Mayor Dougall voting aye. 9.h. Submittal of an Application to the California Integrated Waste Management Board for Used oil Block Grant Funding. Resolution No. 3107 was adopted, with Council Members Souza, Lady, Brandy, Fuller, and Mayor Dougall voting aye. 9.j. Final Approval of Tract 2189; Pace. council-Member Fuller asked the Public Works Director if the City was allowing meter hookups to hydrants for projects for compacting and Mr. Wallace said no, the City is practicing water conservation of potable water. He said a construction well is located at the City Corporate Yard. Tract 2189 was approved and the Mayor was authorized to sign the agreement. 5 6~ -- v CITY COUNCIL MINUTES NOVEMBER 14, 1995 10 .A. CONTINUED BUSINESS - PRE-APPLICATION REVIEW FOR GENERAL PLAN AMENDMENT: PLANNED DEVELOPMENT REZONE AND TENTATIVE MAP TO j SUBDIVIDE A 29-ACRE PARCEL INTO 42 LOTS: ROYAL OAKS. TRACT 1390: ..... LOT 182: APPLICANT: DON MC HANEY' The applicant was not present at the meeting and on the unanimously approved motion of Fuller/Souza the City Council voted to continue this agenda item to a date uncertain. II.A. PRE-APPLICATION REVIEW: PROPOSED COMMERCIAL PROJECT LOCATED ON WEST BRANCH STREET/CAMINO MERCADO AND RANCHO PARKWAY (RANCHO GRANDE): APPLICANT: GENCOM. INC. The applicant requested that this agenda item be continued to November 28, 1995~ and the Council agreed. II.B. POOLE STREET PAVING Public Works Director Wallace referred to hi$ November 14, 1995, staff report and said City residents residing in the vicinity of east Poole Street have requested that the city reconsider its decision to not pave their portion of Poole street. He recommended that the east portion of Poole be included in other City projects for this fiscal year such as Grand Avenue or East Cherry. Council Members discussed extensively the funding and timing for paving the east portion of Poole. Homeowners Ryan and Christina Talley and Blake English brought up another matter concerning the Village project. They showed pictures to the Council and said the contractor had removed the sidewalk and put asphalt in their walkways. . Mr. Wallace said that was temporary and the cement would be replaced before completion of the project. It was moved by Souza/Lady and the motion was approved unanimously to first implement staff's recommended Alterative No. 3 to include Poole Street and perhaps other streets ~n the area, in other city projects being budgeted this fiscal year such as Grand Avenue or East Cherry. The Council voted if Alternative No. 3 was not possible, to implement Alternative No. 1 to pave a portion of Poole Street as a City maintenance project this fiscal ~ year after the current contractor has cleared the -area; the estimated cost for this option of $10,000 to $15,000 (primarily the cost of materials) using the existing Public Works budget. Contingenc~ monies could be used if the first alternative was not '''', possible. ' , ' 11. C. LEFT TURN POCKET ON GRAND AVENUE AT SOT1THRRN AUTO SUPPLY: 951 GRAND AVENUE Public Works Director Wallace referred to his staff report of 6 --~--- Oq - - CITY COUNCIL MINUTES NOVEMBER 14, 1995 . November 14, 1995, and said funding for constructing a new left turn pocket would range from $10,000 to $20,000 for this work and .~,.... resigning and restriping the intersection would cost " approximately $1,000. Tom Bonds, applicant and manager of the Auto Parts Wholesale, Inc. store at 951 Grand Avenue, said his business has lost money be~ause cust~mers canno~ make left turns into his driveway. He sa1d he rece1ved an est1mate of $5,000 from Toste Grading and Paving and he would be willing to donate $2,500 to the project. Council Members were sympathetic to Mr. Bond's request, but were concerned about the actual costs and allowing a private citizen to direct the project. The City Attorney said the matter could be worked out if this was a $5,000 project, there was' reimbursement by the City, and the project was done privately with an encroachment permit. Mayor Dougall said there should be a "No U-Turn" sign at the new left turn pocket and Mr. Bond said possibly a "No Left Turn" sign out of his driveway. staff was directed to meet with Mr. Bond to work out the details. City Manager Hunt said he could put the item on the City Council's agenda of December 12, 1995. Council agreed. 11. D. COUNCIL DISCUSSION: TDC PROGRAM WITH LARD CONSERVANCY OF SAN LUIS OBISPO COUNTY community Development Director Liberto-Blanck referred to her November 14, 1995, staff report and recommended the Council (1) authorize staff to proceed with discussions with the Land Conservancy for a specific Transfer of Development Credits (TDC) program for Arroyo Grande, (2) request the Land Conservancy send letters to owners of agriculturally zoned property in the City to determine whether there is interest in the program, and (3) support Lee Webb in proceedings to utilize the Land Conservancy and TDC program on his project. She explained TDC is a land use planning tool used to protect agricultural land and natural resources through funds generated by new development. She said the California Environmental Quality Act identifies conversion of prime agriculture land as a significant adverse impact which must be mitigated. Council Members asked questions of staff and made comments about prime agricultural land, the timing of the project, the benefits of working with the Land Conservancy, and the consistency of this land conversion with the General Plan ,and Zoning. 7 --'--~-~-"-- ---------- . . . 0::> '"--., CITY COUNCIL MINUTES NOVEMBER 14, 1995 - Mr. Webb, proposed developer of the property, said the land in 1 question is no longer viable to farm because of its location. He ~.. said he would like to build entry-level homes and would like to have direction from the Council on the feasibility of doing so. He proposed not waiting for the Land Conservancy to act, but to make a grant to the city. City Attorney Lyon said that the concept of TDC is valid, but Mr. Webb should be warned that it could take a long time. It was moved by Lady/Fuller, and unanimously approved to follow staff's recommendation on the matter. 11 . E. REFINANCING OF ARROYO GRANDE COMMUNITY HOSPITAL CERTIFICATES OF PARTICIPATION .. city Manager Hunt referred to his staff report of November 14, 1995, and recommended the City Council authorize staff and special counsel to begin review and preparation of the necessary documents in connection with the proposed refinancing of the Arroyo Grande Community Hospital's (Vista Hospital Systems, Inc. ) certificates of Participation and set a date of November 28, 1995, to hold a public hearing and approve the final documents. It was moved by Souza/Lady, and the motion passed unanimously to approve the city Manager's recommendation. 1.2.A. REPORT BY COUNCIL MEMBER Fm.T.F.R: T.F."-GUE OF CALIFORNIA CITIES ANNUAL CONFERENCE: OCTOBER 22 - 24. 1995 Council Member Fuller asked other. Council Members to take a look at the report and he would answer any questions. 1 12. B. VAGRANCY :Qf THE JONES TRACT: WEST CHRRRV AVENUE. ORCHARD STRF.F.'1'. AND CALIFORNIA STREET City Manager Hunt referred to the November 14, 1995, staff report of Chief of Police TerBorch, who discussed a Neighborhood Watch meeting for residents of the Jones Tract, and the limited staffing resources and legal authority to deal with vagrancy in the neighborhood. Mr. Hunt said staff is investigating the possibility of increasing the wattage in the street lights and ] trimming trees. Herman Olave, 222 West Cherry, said his neighborhood has a problem with homeless people and high school students trashing , . and trespassing on private property. He said he would like more police support. Marie Burt, 414 Orchard, said more help is needed in organizing the Neighborhood Watch. 8 - -------- ~-- -- .--- -..,., ,. 66 . . CITY COUNCIL MINUTES NOVEMBER 14, 1995 . Mrs. Helen Olave said the neighbors had not had much help from the Police Department and the meeting did not help in organizing the Neighborhood Watch. Mayor Dougall said he would investigate the matter. 12. C. REFLECTIONS BY MAYOR A. K. "PETE" OOUG]4T.T. ON THE T.RAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE: OCTOBER 22 - 24. 1995 Mayor Dougall also asked Council Members to read his report on the conference. 13. ORAL COMMUNICATIONS Council Members Lady and Fuller reported on a citizen.;complaint about trash and weeds near the Highway 101 bridge and Grand Avenue. The City Manager said he would take action on this. Council Member Brandy asked what progress is being made to clear Tally Ho Creek before the Winter rains. The City Manager said an item discussing options for clearance of City creeks would be, on the November 28, 1995, Council agenda. 14. ADJOURNMENT It was moved by Brandy/Souza, and the motion passed unanimously to adjourn he meeting at 10:07 p.m. A.- K. "PETE" DOUGAL , MAYOR ATTEST: ~a.~ 'N CY A. AVIS, CITY CLERK 9 -~ -_._".....~.-