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HomeMy WebLinkAboutMinutes 1995-06-27MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 27, 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. i. AND 2. FLAG SALUTF AND INVOCATION Boy Scout Troop 413, Howard Ferguson, Troop Leader, led the Pledge of Allegiance to our Flag, and the Rev. Jared Hoover of First Assembly of God Church delivered the invocation. �SAYOR DOUGALI ".t1nT7 QRD munm AGENDA ITEM 10 B. WTI,L BF. [`ONTINUED =Rrl i 3. ROLL CALL Present with Mayor Dougall were Council Members Drew Brandy, Michael Fuller, Michael Lady and James Souza. Staff Members present were City Manager Bob Hunt, City Attorney Roger Lyon, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Chief of Police Rick TerBorch, Finance Director David Bacon, ow, irectr of Parks and Director of Buiohnlding and Keisler, andeKurt RecreationpSupervisoro Recreation J Doug Perrin. 4. ORAL COMMUNICAT O S MATTHEW GALLAGHER, 520 Leanna, said the City's streets are i a deploshould returnntotion the chipneed to and sealemethodrof.He said the repairing the City should streets. 5 SPECIAL PRESENTATIONS a. A Plaque of Appreciation was presented to Amy Miner, Former Teen Advisory Committee Member, for her service and dedication to the Committee. Mr. Perrin also -presented Ms. Miner with a Parks and Recreation sweatshirt. b. Mayor Dougall presented a letter of appreciation to Boy Scout Troop 413 for leading the Flag Salute. 6 CONSENT AGENT and the motion passed It was moved by Souza/Brandy, unanimously on a roll call vote (Souza, Brandy, Fuller, Lady and Dougall voting aye) to approve Consent Agenda items 6.a., 6.b., 6.d. and 6.e. 6.a. June 13, 1995, City Council Minutes. Approved. 1 493 CITY COUNCIL MINUTES JUNE 27, 1995 6.b. Resolution No. 3079 Authorizing Designated City Representatives to Acquire Federal Surplus Property from the California Department of General Services. Approved. 6.c. Award of Bid; Landscape Maintenance Contract to Maintain Ten City Landscape Areas; Two -Year Contract. Mr. (Matt) Gallagher said because of budget constraints, Arroyo Grande should follow the practice of the City of San Luis Obispo and not maintain of all the landscape areas in the City. Council Members discussed the matter and had concerns about the lawns going unmowed and the cost of re-establishing the landscaping. Having various organizations maintain the areas and the liability connected with that suggestion was discussed. Mr. Keisler said this low bid of $400 per month was less than it would cost the Parks Department to do the job. The City Manager recommended that the present contractor be paid on a month -to - month basis for now intoand thethe issuesmatter andeperhapscontinued tie3thedays landscapethat staff could look maintenance into the budget process. It was moved by Souza/Lady, and the motion passed unanimously to approve the City Manager's recommendation. 6.d. Update on New Interface Engine and Rescue; Fire Department. Information. 6.e. Substantial Conformance Determination; Condition of Approval No. 20, Conditional Use Permit Case No. 94-524; Katcho Achadjian. Approved. 7 REGISTER OF CHECKS It was moved by Souza/Brandy, and the motion passed $391,907.58 tasaliisted inCash theDisbursements 22, 19951, staffamount reportfof $391,90 , Finance Director Bacon. S . A PUBLTr H AUH9 EXTEN4TM' OF UTILITY USERS_ 'i'AX ORDIN : AMENDMENT TO MUNICIPAT� CODE ORDINANCE NO. 45 Mr. TerBorch said the Council had the first reading of the Utility Users Tax Extension on July 13, 1995. He said at that time the Council directed that the tax be extended for no more than one year and designated this meeting for the purposes of holding a public hearing and possible second reading of the ordinance. He said the Council also gave staff direction in terms of the budgeting process, which the City Manager and he are working on at this time. After being assured that the hearing had been duly published and all legal requirements met, Mayor Dougall declared the 2 sm CITY COUNCIL MINUTES JUNE 27, 1995 hearing open and said all persons would be heard regarding the matter. Speaking to the Council about the Utility Users Tax were GARY FOWLER of 777 Mill Street, San Luis Obispo; ANTHONY AZEVEDO of 1352 Huasna Road; MATT GALLAGHER; THE REV. JAN ARMSTRONG of 629 Garfield; PETE GALLAGHER of 1064 Rogers Court; LEROY SARUWATARI of 572 Launa Lane; HEATHER JENSEN, executive director of the Chamber of Commerce; JIM DORSEY of 579 Gularte Road, and MARIE CATTOIR of 195 Orchid Lane. The speakers voiced the following opinions: 1. A portion of the San Luis Obispo Utility Users Tax was supposed to be used for capital outlays and improvements, and is now being used to expand City government. The Arroyo Grande tax money should be accounted for through specific projects. 2. Residents are paying the tax on their own utilities, and again as it is passed through by local businesses. Business owners are paying the tax twice also, if they live in Arroyo Grande. 3. Government gets bigger and the residents of Arroyo Grande enjoy less. 4. A City budget without the tax should be figured. If the City's yearly shortfall was $630,000, all of the $900,000 that was generated by the tax will not be needed. Extra tax revenue should not be generated during a recession. 5. The citizens were promised that the tax ordinance would sunset, and it should do so. Council could vote for another tax ordinance if, after studying the budget, it is found to be needed. 6. Until the budget shortfall is resolved, the City should do minimal contracting. By hiring a new City Manager, the Council has boxed itself in. 7. The tax should be extended until the budget is analyzed because the loss of revenue involved in ending the tax and then starting it up again would be too high. 8. The City should back out of the Utility Users Tax incrementally as City revenues are enlarged by increasing sales tax monies, etc. 9. City government has been "whittled down" in the past few years at the risk of making Arroyo Grande a second-class city. It should be made evident to the citizens where the tax is being 91 495 CITY COUNCIL MINUTES JUNE 27, 1995 used ... on streets, for more police officers, for increased fire response time, etc. 10. A lot of senior citizens and single people, who are not working 40 hours a week, cannot pay 11. The intent of Proposition 13 is being eroded by taxes like the utility users tax. When no one further came forward to speak, the Mayor closed the hearing to the floor. ion of Council Member Lady mostnofhthecouncil citizenesseesthe taxtas tax. He said he believed that necessary to maintain the quality sessionse therermay beaane• He said, as a result of the budget opportunity to eliminate or reduce the tax before the end of the year, but he was going to stand behind his decision to continue the tax without a break. Council Member Souza said if the City begins the budget dget year on July 1, 1995, without the tax, it would be spending continue does not have. He said the responsible thing to dothe tax until the Council can look ktat the budget, and then begin the process of backing out of the Council Member Fuller sainohedro not like understandhthatxwithoutid the citizens are intelligent enough He said the tax they will have to do without some servsupport the utility he was elected because he said he would not supp users tax. He said there will be tough times, but the people do not want this tax. Council Member Brandy said no one likes the tax. He said Would the sunset clause was in with the hope that the econits omy improve, and it has not.Hesaid the Ci andty is,directingput City Manager efforts toward more economic should be working toward this goal. He said the City e Police Chief without a City Manager, nnot run nor should the City keep doing two jobs. He said a portion of the tax should have gone ity into a sinking fund for road repair. andolice protection. Hethe tax monies were used for fire P aid in the Arroyo Grande police ifanGrandeare esecond residentlhassa business in County. He said the City, he or she should exempt shouldfrom runelike atax nbusinessthe it places. He said if government coming in before would be "business foolish" to stop the money the budget is addressed. 4 496 CITY COUNCIL MINUTES JUNE 27, 1995 Mayor Dougall said he did not like the tax in the first place and the sunset clause should be honored. He said he was willing to make a concession of dropping the tax to four percent, but changes that are non -clerical cannot be made to the ordinance. He said the Council has not been able to see the budget in order to make a conscientious decision. He asked why the language, "This ordinance shall expire on June 30, 1996, unless it is further extended by another ordinance adopted by the City Council," does not appear in the ordinance. The City Attorney said the ordinance before the Council simply modifies one provision that contains a sunset clause and makes the ordinance automatically go away on June 30, 1996. He said it is not necessary to have any additional language to make it go away. Council Member Brandy said he was voting only to continue I the tax until he could look at the budget and then perhaps ;J eliminate or reduce the tax by proposing a new ordinance. It was moved by Souza/Lady to approve Ordinance No. 467 C.S. to Extend the Utility Users Tax to June 30, 1996. On a roll call vote, Council Members Souza, Lady and Brandy voted aye, and. Council Member Fuller and Mayor Dougall voted no. The ordinance passed and became effective immediately. 8 B. PUBLIC HEARING PLANNED SIGN PROGRAM CASE NO. 95-115 FOR THREE RESIDENTIAL SUBDIVISIONS; VARIANCE CASE NO, 95-189 FOR A VARIANCE FROM THE REQUIREMENTS FOR THE NUMBER OF SIGNS. MAXIMUM SIGN AREA SIGN HEIGHT AREA OF SINGLE SIGN FACE AND USE OF FLAGS: 920 PALOS SECOS; OTTSE, INC. Council Member Lady said he may have a conflict of interest with this agenda item and left the room. Planning Director Liberto-Blanck said the applicant has proposed a comprehensive sign program to advertise the lots for sale and direct potential buyers to the sales office in the Rancho Grande tracts. She said the Planning Commission had recommended approval of the variance and planned sign program. She said the variance resolution had been modified to make the expiration date of the variance coincide with the temporary office. 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. When no one came forward to speak, the hearing was closed to the floor. It was moved by Fuller/Souza (4-0-1, Fuller, Souza, Brandy and Dougall voting aye, Lady absent) to approve Resolution No. 5 497 CITY COUNCIL MINUTES JUNE 27, 1995 3081 Approving Variance Case No. 95-189, Applied for by Ottse, Inc. It was moved by Souza/Fuller (4-0-1, Souza, Fuller, Brandy and Dougall voting aye, Lady absent) to approve Resolution No. 3081 Approving Planned Sign Program Case No. 95-115, Applied for by ottse, Inc. Council Member Lady returned to the dais. 9.A SECOND READING OF ORDINANCE ISSUING A CATEGnRI�'Ar, F.XFMPTION. gk� ALING THE EXISTING TITLE 6 CHAPTER 5 OF THE rRUNICIPAL CODE ENTITLED "HOUSE TRAILERS" IN ITS ENTIRETY AND ADOPTING NEW TITLE 6 CH"RECREATIONAL " A 111TIONAL VEHICLES:CITYWIDE APTER 5 ENTITL " The Planning Director said this would be the second reading of the ordinance, which was amended before the first reading to clarify the circumstances under which a recreational vehicle may be stored on a vacant residentially -zoned parcel. It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Lady, Fuller and Dougall voting aye) to adopt Ordinance No. 467 C.S. Issuing a Categorical Exemption, Repealing the Existing Title 6, Chapter 5 of the Municipal Code Entitled "House Trailers" in Its Entirety and Adopting a New Title 6, Chapter 5 Entitled "Recreational Vehicles." 9.B APPROVAL/ADOPTION OF CITYWIDE CURBSIDE RF.CYCT,ING COLLECTION AGR M "i' • THREE-YEAR CONTRACT Mr. TerBorch said staff was directed by the Council to return a contract with the current vendor for a period of three years. He said Council requested some changes to the contract and those changes have been incorporated. He said some State public education requirements also have been included. Council Member Brandy asked about enforcement of compliance with the contract on the part of the vendor, and the City Attorney said the contract has provisions for termination if the requirements are not met. Council Member Fuller asked why the recycling contract did not go out to bid, and Mr. TerBorch said because the Council voted to continue with the same vendor. Council Members Lady and Souza said they were satisfied with the present program, the City has not had complaints about the program and the 50 cent per month rate is reasonable. Mayor Dougall said the contract should b40put out to te.bid. He said residents of Grover Beach only pay aHe N. CITY COUNCIL MINUTES JUNE 27, 1995 said recycled material (post consumer waste) is now generating a lot of money, and the City's current contract does not have provisions that say the recycler can make unlimited profit. He said as the prices of materials go up, some of the money should go back to the community. He said that should be in the contract. He said there should be more commercial and multi- family recycling. It was moved by Fuller/Dougall to put the contract out to bid. TOM MARTIN of the South County Sanitary Service, which also provides curbside recycling, spoke to the Council. He said if the City's curbside recycler is willing to account for every dollar of material sales and apply the difference to the reduction of rates; hold latex paint, anti -freeze and oil collection events in the City; be involved with the County, Integrated Waste Management Authority for the collection of hazardous waste in the City; document the promise of $40,000 out of pocket promotion expenditures over three years, and promote recycling in area schools by on -site demonstrations, then the Council should give the recycler a five-year extension of the contract. He said if the Council is not satisfied, it should not settle for less than Grover Beach. Council Members Souza and Lady said they were proud of what he current vendor is doing, the City is getting good value, and making a profit should not be a "four-letter" word. Council Member Lady said if the cost the recyclable commodity markets begin to fall, the City will have the three-year contract and residents' rates will not increase. MR. DORSEY complained about not getting recycle dumpsters for his businesses, the fact that two companies pick up recyclables and garbage on different days, that different people read the utility meters and that the landfill does not segregate materials for recycling. Mayor Dougall called for the vote on the motion to put the recycling contract out to bid. On a roll call vote, Council Members Fuller, Brandy and Mayor Dougall voted aye. Council Members Souza and Lady voted no. The motion passed. Mr. Hunt said the existing contract will be continuing month -to -month and the bid process will probably take 60 days. Council directed Mr. Hunt to advertise a three-year contract. 7 CITY COUNCIL MINUTES JUNE 27, 1995 DIRECTOR report and Mr. Bacon referred tochis June 14, stgmonthaffHsaid said there was no serious expenditures on the storm dame9exceedingbridge expendituresinbudget to show up now so the City may b for the year, but some recovery is anticipated next year. There were Council questions regarding Subsidy Net Transfers erating Reserves, and the effect on to Other Funds, Projected Op to the budget if Utility User Tax evensaidwthe budgetawould ethe eae City. On the last point, Mr. Bacon deficit of $600 , 000 . O E Mr. TerBorch said I.D•E•S• has rparade for several years on the July 4 weekend, and approximately 200 people will be Highway227 marching from the Arroyo GrFaar Oaks Avenue. Hall H e said overtime to St. Patrick's Church o police officers will provide adequate safety measures at a cos He said arbecu to the City of $385.02. Helsaid.wprovideill thecouncilcould requires free to the public this yearolice services, partial for he reimbursement, full reimbursemeo�twaivetp all fees. MR. AZEVEDO, who is president of I.D.E.S. Council lizu, reiterated that the eabwaivere would be f the feesreeHeosand barbecue c and asked the City f persons. dinners also would be sent to home -bound p Council Members discussed the request. favor of waiving the fees on the basis of the barbecue, that the event brings tourist money that it increases cultural awareness. the motion passed I.D.E.S. Council 28 parade. it was moved by Souza/Lady, and unanimously to waive the fees for the They said were free public in to the City and .,rTr vaRK BOULEVARD • at the request of the This item was continued for 30 days, applicant. ___-- ._,-m«T., OTTV I T Director of Building and Fire Latipow referred to his June 22, 1995, staff report, and said with the adoption of the 199 8 500 CITY COUNCIL MINUTES JUNE 27, 1995 Uniform Code, the section banning fireworks was not amended. He said since that time, fireworks in Arroyo Grande are controlled by permit. He said the current regulation in the City is an exercise in good risk management. He said it minimizes the potential for injury of citizens and exposure to loss. He said the City is in an interface area, with two and one-half sides backed up to wildland influence. He said the call volume on the Fourth of July is very low, and with the low call volume and restrictions in Arroyo Grande, the Fire Chief's job is made easier and the City's fiscal impact is lower. He said in the fire safety program, children are taught not to play with fire, and fireworks are the same as fire. He suggested a community fireworks display at the high school. Members of the public speaking on the issue of fireworks in the City were, JEFF PETERS of 1587 E1 Camino Real; MIKE ZIMMERMAN of 227 East Branch Street; MR. DORSEY; REVERENDMAN of ARMSTOak ONG; PETE GALLAGHER; MS. JENSEN; THE REV. PHIL rk Foursquare Church; THE REVEREND RANDY QUIMETTE, Arroyo Grande Fire Chaplain, and DICK FRANKS of 879 Fair Oaks Avenue. Points made by the speakers included: 1. There are too many governmental restraints and restrictions on citizens' lives. The fireworks ban should be lifted. 2. Fireworks are a symbol -of the Revolutionary War and contribute to the celebration of the birth of our nation. it is a good way to teach children history. 3. Freedom involves risk backed up by responsibility. 4. The Arroyo Grande Fire Department is the best Fire Department in the County. 5. Statistics do not show there were a large number of calls on July 4 before fireworks were banned. 6. Volunteer fire fighters love being at the station and using their skills to fight fires. 7. Selling fireworks is a good way to raise money for organizations. 8. Money for fireworks should be spent in Arroyo Grande. 9. The State thinks safe and sane fireworks are risk manageable. 10. Volunteer fire fighters live for preventing fires. They provide services to protect residents and should not be put in 9 CITY COUNCIL MINUTES JUNE 27, 1995 harm's way. 11. Citizens need other ways than fireworks to freedoms in this litigious society. The ban on continue in Arroyo Grande. i 12. Fire fighters view fires with solemnness athatcomessonsthef dislike of the destruction of Fourth of July is not a service to our patriotism, but is a distraction. 13. The City Council should promote public awareness and safety, but not legislate it. Council Members said they could support lifting the ban on s that is a fireworks for the red onto havethere fireworks,cthatlatitheorisktween could be freedom and the f r managed, that there could be certainsa about safetyyandsfireworks,and that there could be more Mr. Hunt said staff needs time to do research on the subject and will return to Council with various options. He said Council can then decide what restrictions n the Citywants in connection with the sale and use of fireworks �m �n•�5 P. THE CO4SFD FOR 'T'w0 MINUTES. MAYOR'S_ INTENTION TO APPOTDT'T'/REAPT'OTN'T' MEMBERS TO VA TOU �OrLiTS$TONS AND BOARDS; ._(TE li Mayor Dougall sa_Ld he intended to reappoint Wilam Tappan a1. nd William Deviny and to appoint Joe Naylor to the Planning Commission. Council Members Souza, Lady and Brandy said they were not prepared to vote on the matter because they had not seen the applicants' Reservoir of Citizens forms. Council Member Souza said since the appointments were opened up to the public, he would like to see the applications. Council at heller saihe was familiarwwithtsure of Mr. NaylorT's background. e standard procedure, butt that Mayor Dougall said in the past it has been the Mayor's prerogative to make the appointments. Mr. Hunt said the item could be continued and the requested information provided to the Council. express individual fireworks should JOHN KEEN, Planning Commission chairman, asked about the 10 CITY COUNCIL MINUTES JUNE 27, 1995 status of those presently said they would remain in appointments were made. serving on the commission, and Mr. Lyon their Positions until the new pEQ 5-0-0, Brandy, Lady, Souza, p QY It was moved by Brandy/Lady all voting aye) to approve Resolution No. 3082 Fuller and Doug Employee Authorizing Payment of Accumulated ExcAftergJune 30, compensation and Normal Operating Expendituresroved. Comp i 1g95, and Until the 1995-96 Budget is Approved. ' PORTS 1 1 ' RF a item was cancelled because of the late our. This agend TTFj�j`r���T(`aTTONS Mayor DougalI read a letter from thelSchoolrDistrict to the May with City and Mr. Wallace for workingr oaks appreciated by repair the corner of Alder streetand ramp will be app� The letter said the sidewalk and handicap all. 13 ORAL COMMUNTCATION� None. rr n�Fp SE���4�1. None. rnTnTJRNMENT Brandy/Lady, It was moved by unanimously to adjourn the meeting I A. K , �� PET '� DOUGALL 4 0 1 MAYOR and the motion passed at 10:39 p.m. ATTEST: VIS, CITY CLERK NANC A- 11