Minutes 1995-01-10
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 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.
l- AND 2. FLAG SALUTE AND INVOCATION
Boy Scout Troop 413, Howard Ferguson, Troop Leader, led the
Pledge of Allegiance to our Flag, and the Rev. Ehrhardt Lang of
First United Methodist Church delivered the invocation.
3 . ROLL CALL
Present with Mayor Dougall were Council Members Drew Brandy,
Michael Fuller and James Souza. Council Member Michael Lady was
absent. Staff members present were Acting City Manager Rick
TerBorch, City Attorney Roger Lyon, City Clerk Nancy Davis,
Planning Director Doreen Liberto-Blanck, Acting Public Works
Director John Wallace, Chief of Building and Fire Kurt Latipow
and Parks and Recreation Director John Keisler.
EMERGENCY AGENDA ITEM
Mr. TerBorch said there was an emergency item to add to the
agenda. He said it came to staff attention after the agenda was
posted oh January 6, 1995. He said it was necessary to remove
the large eucalyptus tree that fell in the Village during the
rain storm.
It was moved by Brandy/Souza, and the motion passed
unanimously to add to the Agenda Item 10.c. concerning the
removal of the tree.
4. ORAL COMMUNICATIONS
JOHN CLARK, 224 MCKinley Ave., said he wanted to sound a
note of urgency. He said repair should begin immediately on the
Swinging Bridge, which was damaged by the falling of the large
eucalyptus tree in Arroyo Grande Creek. He said the bridge is an
important tourist attraction and is crucial to the viability of
the Village. He said it should not take a year to repair the
Swinging Bridge, as it did to fix the steel Bridge Street bridge.
He said he was sure Village merchants would contribute to the
bridge repair and there could be a fund raising drive.
TRACY THOMAS, 1152 Outland Court, Parks and Recreation
Commission chairperson, asked the Council to begin discussion of
the proposed Rancho Grande Park "Elder plan" as soon as possible.
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5. SPECIAL PRESENTATION
Mayor Dougall presented a Plaque of Appreciation to Camay
Arad, former Teen Advisory Committee member.
6. CONSENT AGENDA
It was moved by Brandy/Fuller, and the motion passed
unanimously to approve Consent Agenda Items 6.c., 6.d. , 6.e. ,
6.f. and 6. g. , with the recommended courses of action.
6.c. December, 1994, Investment Report. Information.
6. d. Fourth Quarter, 1994, Sales Tax Revenue Report.
Information.
6.e. Letter of Resignation from Richard Franks, citizens'
Transportation Advisory Committee Member. Accepted with regrets.
6.f. Modification of Pickup/Utility Vehicle Bid; Fire Department.
Authorized.
6. g. Award of Bid; Construction of a parking Lot; Soto Sports
Complex; Budgeted Item. Awarded to low bidder.
6.h. Approval to Apply for Grant Funds Under the Federal Crime
Bill. Approved.
It was moved by Brandy/Souza, and the motion passed
unanimously to approve Consent Agenda Items 6.a., 6. b. and 6.i.,
with the recommended courses of action.
6.a. Proclamation, "Kiwanis Anniversary Week," January 15 - 21,
1995. The proclamation was accepted by Kiwanis District 19
Governor Ted Gibbs.
6.b. December 13, 1994, city Council Minutes. Approved as
corrected. The last paragraph of Page 4 was corrected to read as
follows:
"It was moved by Brandy/Lady, and the motion passed
unanimously that prior to issuance of a business license for any
business occupying the second floor separate from and with a
different use than the business located on the lower floor of the
building at 106 West Branch Street, Transportation Development
Impact Fees shall be paid for the new business, and appeal could
be made to the city Council."
6.i. Don Roberts Field, Arroyo Grande Corporation Yard Hazardous
Waste contamination; Approval to Contract with Earth Systems
Environmental, Inc.
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Council Member Brandy asked questions concerning the number
of well holes to be drilled, the sufficiency of the chemical
cleanup levels and the deed restriction to be on the property.
7. REGISTER OF CHECKS
It was moved by Souza/Brandy, and the motion passed
unanimously to approve Cash Disbursements in the amount of
$522,558.75 for December 22, 1994, and $612,048.59 for January 5,
1995, as listed in staff reports of Finance Director David Bacon.
8.A. CONTINUATION OF PUBLIC HEARING - APPEAL OF CONDITIONAL NO. 5
OF PLANNING COMMISSION RESOLUTION NO. 94-1488 REGARDING
TRANSPORTATION FACILITIES DEVELOPMENT IMPACT FEES: 106 WEST
BRANCH STREET: DUANE ASHTON
Planning Director Liberto-Blanck said the Council reviewed
this agenda item on December 13, 1994, continued the item and
requested that staff return with an amended resolution. She said
the Council indicated that if the use of the upstairs portion of
the building was different than on the first floor the fees would
have to be reevaluated. She said an amended resolution was
passed out to the Council.
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 Mayor closed
the hearing to the floor.
It was moved by Brandy/Fuller (4-0-1, Brandy, Fuller, Souza
and Dougall voting aye, Lady absent) to approve Resolution No.
3063 Upholding An Appeal of Condition of Approval Number 5 on
Conditional Use Permit Case No. 94-525, Applied for by Duane
Ashton and Don Christianson at 106 West Branch Street.
9.A. SECOND READING OF ORDINANCE AMENDING TITLE 9 OF THE
MUNICIPAL CODE BY RELOCATING THE ZONE BOUNDARY BETWEEN THE PF AND
PD 1.3 ZONING DESIGNATIONS, ADOPTION OF A NEGATIVE DECLARATION,
AND INSTRUCTING THE CITY CLERK TO FIL~ A NOTICE OF DETERMINATION:
RODEO DRIVE BETWEEN WEST BRANCH STREET AND MERCEDES LANE/APNs
007-011-046 AND 007-011-040: APPLICANT: COUNTY OF SAN LUIS OBISPO
The Planning Director said the first reading of the
Ordinance concerning the County property on Rodeo Drive was on
December 13, 1994. She said the Resolution approving the Lot
Line Adjustment will be on the Council agenda of January 24,
1995. She said this would be the second reading of the
Ordinance, which would become effective in 30 days.
It was moved by Brandy/Souza (4-0-1, Brandy, Souza, Fuller
and Dougall voting aye, Lady absent) to adopt Ordinance No. 465
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C.S. Amending Title 9 of the Municipal Code by Relocating the
Zone Boundary Between the PF and PO 1.3 Zoning Designations,
Adoption of a Negative Declaration, and Instructing the city
Clerk to File a Notice of Determination.
10.A. DECLARATION OF SURPLUS FIRE EOUIPMENT
Fire Chief Latipow referred to his January 3, 1995, staff
report and recommended that the Council declare the 1974
International/Van Pelt fire engine as surplus and authorize
solicitation of bids to purchase it. He said the department
feels that even though the existing 1974 brush engine no longer
meets Arroyo Grande's needs, it still would be valuable to other
jurisdictions, farms and/or ranches.
It was moved by Brandy/Fuller (4-0-1, Brandy, Fuller, Souza
and Dougall voting aye, Lady absent) to approve Resolution No.
3064 Declaring Surplus Property to be Offered for Sale.
10.B. RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE
PLAN: ADOPT AND AUTHORIZE MAYOR TO SIGN PLAN
The Planning Director referred to her January 5, 1995, staff
report and said the Federal government has mandated that projects
receiving Federal financial assistance must minimize the
displacement and relocation of people from housing units that are
affordable to persons of low- and very low-income. She said the
main components of the plan are, (1) If a housing unit that is
affordable to low and very low-income people is demolished, or
converted in use, the demolished unit must be replaced; and ( 2 )
If a low- or very low-income person is displaced because of
demolition or conversion of use of the housing unit, that person
must be provided with financial assistance for relocation
purposes. Ms. Liberto-Blanck said Mark Wilson of People's Self-
Help Housing was present to answer questions.
It was moved by Brandy/Souza, and the motion passed
unanimously to adopt the Residential and Antidisplacement and
Relocation Assistance Plan, and authorize the Mayor to sign the
plan.
10.C. REMOVAL OF LARGE EUCALYPTUS TREE THAT FELL JANUARY 7. 1995.
IN ARROYO GRANDE CREEK AS A RESULT OF THE RAIN STORM
Mr. TerBorch referred to the January 10, 1995, staff report
of Parks and Recreation Director Keisler. He said the estimate
from Tutt Tree and Crane Service for removal of the tree and
debris from the creek is $5,000. He said the city has the most
confidence in the Tutt Tree and Crane Service and feels that the
company will do the least amount of damage to the creek hillside
in removing the tree. He said it is important to remove the tree
as soon as possible because the root ball could roll down into
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the creek.
It was moved by Souza/Brandy, and the motion passed
unanimously to approve the expenditure of $5,000 to remove the
large eucalyptus tree and debris from Arroyo Grande Creek.
11. WRITTEN COMMUNICATIONS
None.
12. ORAL COMMUNICATIONS
Mayor Dougall praised the Fire Department Volunteers for
their work during the rain storms, and the Police Department for
its action at a mobile home park to catch a "con artist," who was
trying to get money from residents.
13. CLOSED SESSION
The Council adjourned at 8:18 P.M. to a Closed Session.
14. ADJOURNMENT
The Council reconvened at 9:25 P.M. after Closed Session,
and City Attorney Lyon announced action taken by the Council
Members on the following items:
13.(a) - Government Code section 54957: Public Employment: city
Manager.
13.(b) - Government Code Section 54956.9(a): Conference with
Legal Counsel - Existing Litigation.
13.(c) - Vick Pace Construction Co., Inc., et al v. City of
Arroyo Grande, et al. San Luis Obispo County Superior Court No.
CV60060.
13.(d) - Coker Ellsworth, et al. v. city of Arroyo Grande, et al.
San Luis Obispo County Superior Court No. CV68739, Second
Appellate No. B083514.
13. (e) - Berger, et al. v. City of Arroyo Grande, et al. San
Luis Obispo County Superior Court No. CV073149.
Mr. Lyon said there was no action taken on Agenda Items
13. (c), 13.(d) and 13.(e), which were all part of 13.(b). He
said on 13. (a), two actions were taken. The first action was to
adopt a motion to appoint Rick TerBorch as Interim city Manager
for a period of up to six months. Mr. TerBorch will be paid the
same as the current city Manager's salary; will maintain his
existing benefits as Chief of Police, including fully-compensated
Public Safety PERS, and will continue to have a City vehicle.
This action will be effective for the pay period beginning
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December 30, 1994. He said that motion was made by Council
Member Brandy, seconded by Council Member Fuller and passed
unanimously, with Council Member Lady absent.
City Attorney Lyon said the second action under Agenda Item
13.(a) concerned city Manager Chris Christiansen. He said the
city Council passed a motion not to require city Manager
Christiansen to report for work on a day-to-day basis, but will
remain available to provide services at Council's direction. He
said that motion was made by Council Member Brandy, seconded by
Council Member Fuller and passed unanimously, with Council Member
Lady absent. Mr. Lyon said this direction will be in place for
the balance of city Manager Christiansen's contract, which is
noticed for termination on March 31, 1995.
Mr. Lyon said the Council adjOUrne~~ 9:30 P.M.
A. K. "PETE" DOUGALL, MAYOR
ATTEST: IZ a.~
NANC~AVIS, CITY CLERK
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