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Minutes 1995-02-14 408' MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 14, 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 Director of Building and Fire Kurt Latipow led the Pledge of Allegiance to our Flag, and the Rev. Ken Lockwood of Seventh-day Adventist Church delivered the invocation. 3. ROLL CALL . Present with Mayor Dougall were Council Members Drew Brandy, Michael Fuller, Michael Lady and~James Souza. Staff members - present were Interim city M~nager ~~9.k TerBorch, Assistant City Attorney Tim Carmel, city Clerk Nancy Davis, Director of Parks and Recreation John Keisler, Interim Public Works Director John Wallace, Current Planner Scott spierling and Chief Latipow. 4. ORAL COMMUNICATIONS MARIE BURT, 414 Orchard, objected to using monies from the City's General Fund to repair the swinging Bridge, which was damaged in the recent storm. She said the city's streets need repairing and the funds should be used for that. ALTON JONES, 1189 Flora Rd., said the City's parks should be closed and sold. He said the proceeds should be used to repair the city's streets. He said the parks have become dangerous places. PETE GALLAGHER, 1064 Rogers Court, defended the city parks and said they promote the health and welfare of the citizens. He said if there are illegal activities going on in the parks, the police should be notified. 5. CONSENT AGENDA It was moved by Brandy/Fuller, and the motion passed unanimously to approve Consent Agenda items 5.a. through 5.f., 5.h. and 5.i., with the recommended courses of action. 5.a. January 24, 1995, city Council Minutes. Approved. 5.b. February 2, 1995, Senior Advisory Commission Minutes. Information. 5.c. January, 1995, Investment Report. Information. 1 . . 409 ( CITY COUNCIL MINUTES FEBRUARY 14, 1995 5.d. city Investment Policy Review. Information. 5.e. Fourth Quarter, 1995, Departmental Monthly Reports. Information. 5.f. Estimated Costs for Installation of Centrex Telephone System and Rate Quotes for Telephone Service Area and Long Distance. Installation authorized. It was moved by Souza/Brandy, and the motion passed unanimously to approve Consent Agenda items 5.g. and 5.j., with the recommended courses of action. 5.g. Replacement of Mobile Command Vehicle; fire Chief's Suburban; Unbudgeted Item. Approved. ---- Council Member Lady requested that Chief Latipow give a report on the replacement of the Mobile Command Vehicle. Chief Latipow referred to his February 9, 1995, staff report. He said his present vehicle was purchased used in 1986 and has almost 100,000 miles on it. He said Orange County Fire Department recently ordered a command suburban, and then, because of the County's financial crisis, cancelled the order. He said Arroyo Grande could purchase the now-surplus, new fully-equipped vehicle at a substantial savings over what it would pay in July or August. He said the cost would be $37,471. council Members asked questions concerning mileage per year put on the vehicle, the expected number of years the vehicle would be used by the city and the Fire Department's equipment replacement schedule. . 5.j. Don Roberts Field; Earth systems Work Plan and Contract Approved. council Member Souza asked what the City would be getting for the $1,000 paid to Earth Systems. Mr. Wallace said the city would be getting a work plan of action for submitting to the Regional Water Quality Control Board. He said before the expensive sampling program begins, the Water Quality Control Board would be asked to sign off on the work plan. Mayor Dougall asked about the time schedule, and Mr. Wallace said sampling and testing, Water Quality approvals, and final disposition of contaminated material would probably be completed by next year to get the construction done. Council Member Fuller asked if City staff could do this work. Mr. Wallace said experts such as geologists are needed, especially if quick success is desired. 2 '- 4'1 Q' ( CITY COUNCIL MINUTES FEBRUARY 14, 1995 6. REGISTER OF CHECKS It was moved by Lady/Souza, and the motion passed unanimously to approve Cash Disbursements in the amount of $1,541,494.90, as listed in the January 18, 1995, staff report of Finance Director Bacon. 7.A. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL OF AMENDED ARCHITECTURAL REVIEW CASE NO. 79-191: 1208 GRAND AVENUE: JACK IN THE BOX RESTAURANTS Mr. spierling referred to the Planning Director's February 14, 1995, staff report and to plans and drawings posted on the wall. He showed the Council photographs and a color board. He said the Planning Commission recommended that its decision and that of the Architectural Advisory Committee be upheld and the appeal denied. - Council Members asked questions of staff. 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. RICK COWEL, Construction Manager for Jack in the Box, passed to the Council a "Narrative of Design Rationale and Design Aspects." He said Jack in the Box had dedicated significant resources to an Image Enhancement Program. He said the proposed program would lead to greater consistency throughout the system and improve consumer's perception of the Jack in the Box brand. He listed 11 Design Aspects the company desired to implement. He said other buildings in the City had painted over natural brick, metal facia and neon accents, and that Jack in the Box should be allowed to use them also. He showed the Council photos of buildings with neon. He asked why Jack in the Box was being singled out. JOHN KEEN, 298 N. Elm, Planning Commission chairman, said it is the policy of the city to discourage the use of neon. He urged the Council not to set a precedent by approving the neon use. He suggested that the Council determine the difference between a sign and architectural trim on a building. When no one further carne forward to speak, Mayor Dougall closed the hearing to the floor. Council Members discussed the appellant's request to paint the natural brick white, paint the roof black or dark charcoal, install a white metal facia and parapet cap and paint a red stripe highlighted by a neon tube around the parapet cap. Council Members Lady and Brandy and Mayor Dougall supported the Planning Commission and Architectural Advisory Committee. They 3 ---- . 411 ( CITY COUNCIL MINUTES FEBRUARY 14, 1995 said they wanted to keep the rural, small town character of the present building and follow design guidelines set up by the city. Council Members Fuller and Souza supported the appellant, saying the proposed color scheme was attractive, and in light of other buildings in the City, it would be unfair to deny Jack in the Box the ability to redesign and give a facelift to the building. It was moved by Lady/Brandy (3-2-0, Lady, Brandy and Dougall voting aye, Fuller and Souza voting no) to approve Resolution No. 3066 Denying the Appeal of Conditions of Approval No. 5 through 8 of Amended Architectural Review Case No. 79-191; 1208 Grand Avenue (Jack in the Box), with Architectural Advisory Committee Condition No. 7 to read, "The wood facia and parapet cap shall be - retained and painted a white or creme color. No covering of the facia or parapet cap with metal shall be allowed." 8.A. REPORT ON SWINGING BRIDGE: AUTHORIZATION TO SOLICIT BIDS Mr. Wallace placed a proposed design of a replacement bridge on the wall. He referred to his staff report of February 9, 1995, and recommended that the Council authorize the advertisement of bids for the replacement of the Swinging Bridge in accordance with the Contract Documents, and approve the (immediate) purchase of a portion of the materials in order to eliminate the long lead time for obtaining pressure-treated lumber. Mr. Wallace said the cost estimate for replacement and design of the facilities is approximately $102,000. He explained that the city has been processing the replacement of the bridge under a separate program, the Transportation Enhancement Act (TEA). He said because of the historical nature of the bridge and rules for the program under which funds were being requested, the TEA monies may not be available for early construction of the bridge. He said if the City rebuilds the bridge before the funds are authorized, it most likely will not be reimbursed for the construction costs under the TEA program. He said it is uncertain at this time whether or not the design costs, which are approximately $15,000, could be recovered. Mr. Wallace said the outcome of the city's requests for storm damage funding (under the Federal Emergency Management Act) will not be known for approximately 120 days, which is later than when a decision would have to be made as to whether or not to proceed with the reconstruction under City funding. Mr. Wallace proposed a time schedule as follows: 4 412 r CITY COUNCIL MINUTES FEBRUARY 14, 1995 March 9, 1995, deadline for receiving bids to repair bridge. March 14, 1995, Award bid. April 1, 1995, Begin work on new bridge. Completion of work by end of May, 1995, in time for the Strawberry Festival. Council Members discussed the historical status of the bridge with the State and Federal governments, restoration vs. repair of the bridge and purchase of the bridge wood without the guarantee of reimbursement. The Interim city Manager suggested that the City could go forward with the bidding process and finish the bridge in July or August, after reimbursement is known. -- DON GULLICKSON of 513 E. Cherry said the bridge replacement is important historically and for tourism in the City. He said the South County Historical Society was willing to donate $500 for bridge repair - hopefully completed by the Strawberry Festival. JOANN BOWEN said the bridge is important, but the Council should wait to see if State and Federal funds become available. JOHN CLARK, 224 McKinley, representing the Village Merchants Association said the City should go ahead and spend the money to order the special lumber for the bridge. He said tourists want to see and use the bridge. He said profits from the July 4, 1995, Village celebration could go to the bridge repair. He said some proceeds from the strawberry'Festival will go to bridge repair. He said T-shirts with a "Save the Bridge" logo will soon be for sale, with proceeds going to the bridge repair fund. MR. GALLAGHER said the bridge may not to the number one priority for the City. He said the city should wait to see if reimbursement will come from state and Federal sources. He said community support for repair of the bridge could be organized. He suggested Strawberry Festival vendors could be assessed for bridge repair. JEAN HUBBARD of 251 N. Elm Street said the bridge is more than 100 years old and does have great historical significance. She said the Historical society is taking tourists on tours of the village and is negotiating with travel agencies to schedule more time in the Village. BILLIE SWIGERT of 127 Nelson Street said the bridge was 5 -, . - . . . 413 ('" CITY COUNCIL MINUTES FEBRUARY 14, 1995 started by her ancestors. She said residents south of the Village use the bridge for access to Branch Street, thus reducing the use of their automobiles. Council Members discussed the matter further. Mr. TerBorch recommended that the Council authorize staff to go out for bid on repair of the bridge, but wait two weeks to order the special lumber for it. It was moved by Brandy/Lady, and the motion passed unanimously to approve the Interim City Manager's recommendation. Mr. TerBorch said the damaged bridge has become 'an "attractive nuisance" and the City may have some liability because people are playing on it. He recommended that Council add an emergency item to the agenda to authorize the removal of the damaged bridge. Mr. Wallace said the $5,000 cost of removal was included in the $102,000 total estimate of bridge repair. It was moved by Souza/Brandy, and the motion passed unanimously to add the emergency item on bridge removal to this agenda. It was moved by Brandy/Souza, and the motion passed unanimously to authorize city staff to spend up to $5,000 to take down the damaged Swinging Bridge, following the State and Federal guidelines for emergency bridge removal. Council directed staff to store the wood from the damaged bridge at the city Corporation Yard until arrangements can be made to auction off or sell the wood as a fund-raiser for the new bridge. 8.B. AUTHORIZATION TO ACCEPT ONE (1) POLICE OFFICER POSITION THROUGH THE FEDERAL CRIME BILL The Interim city Manager/Chief of Police referred to his February 10, 1995, staff report and recommended that Council authorize the acquisition of one (1) Police Officer (a School Resource Officer for Arroyo Grande High School) through the COPS FAST Program of the 1994 Federal Crime Bill. He said first year matching cost to the City will be approximately $13,000, with the Lucia Mar School District tentatively agreeing to pay one-Qalf the amount ($6,500). He said that federal crime bill that is going through Congress now will not affect the funding for the officer to be stationed at the high school. Council Members discussed the costs and benefits to the city. It was moved by Brandy/Souza, and the motion passed unanimously to follow Mr. TerBorch's recommendation, contingent 6 414. ~ ( CITY COUNCIL MINUTES FEBRUARY 14, 1995 on the agreement of the Lucia Mar School District to share one- half of the cost. 9.A. APPOINTMENT OF MAYOR PETE DOUGALL TO THE CITY/CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COMMITTEE It was moved by Brandy/Fuller, and the motion passed unanimously to appoint Mayor Dougall to the city/Chamber of Commerce Economic Development Committee. 9.B. REVISED TRAILS AND CIRCULATION MASTER PLAN. APPLIED FOR BY OTTSE. INC.. RANCHO GRANDE TRACTS 1834, 1994 AND 1997. Council Member Lady said he may have a conflict of interest on this matter and left the dais. Mr. Spierling referred to the February 14, 1995, staff report of the Planning Director. He posted the "Approved Master Plan" on the wall for the Council and public to see. He said the - Parks and Recreation Commission and Planning Commission recommend that the City Council approve the amendment to the Rancho Grande Trails and Circulation Master Plan, with a finding regarding sidewalks, by minute motion. It was moved by Brandy/Fuller, and the motion passed unanimously to approve the recommendations of the Parks and Recreation and Planning Commissions. Council Member Lady returned to the dais. 9.C. REOUEST BY JOHN ASHBAUGH. REGARDING POSSIBLE ANNEXATION OF THE JAMES ESTATE. LOCATED OFF JAMES WAY John Ashbaugh of Perspective Planning and representative of the Ynez James Estate spoke to the council about possible annexation of the James property, which is located off James Way and is surrounded on three sides by the city of Arroyo Grande. He showed slides on the overhead projector. He said Glenn James and Jean James were in the audience. Mr. Ashbaugh reviewed the history of the property and gave a summary of the rationale for annexation to the city. He said the property is in the City's Sphere of Influence. He listed 10 reasons for annexation and said the area proposed for annexation is fundamentally related to the adjoining neighborhoods within the City. He discussed traffic, water and sewer service, pOlice and fire protection, drainage, development fees, land use designation and recreational uses. council Members began discussion of the matter. Council Member Souza said he could see the transfer of development credits as a possible way of getting support for the annexation, 7 - . ~ . . 415 ('" CITY COUNCIL MINUTES FEBRUARY 14, 1995 and Council Member Lady agreed. Council Member Fuller asked about the amount of water available, and Mr. Ashbaugh said 11 acre feet per year. He said he would bring an engineer back to the Council to discuss the water available. Council Member Fuller said the annexation may be a good opportunity for the City. Council Member Brandy said he would like the City to have control over the development of the property. Mayor Dougall asked questions about a house on the property, the Canyon Way road into the property and drainage. It was moved by Brandy/Lady, and the motion passed unanimously to direct staff to work with Mr. Ashbaugh and the James Estate in pursuing possible annexation to the City of Arroyo Grande. .~ 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION The Council adjourned at 9:55 P.M. after a unanimously approved motion by Brandy/Souza. The Closed Session was on the following: (a) Conference with Labor Negotiator: Government Code Section 54957.6 Agency Negotiator: Rick TerBorch, Interim City Manager Represented Units: Service Employees' International Union (SEIU) Local 817; and Arroyo Grande Police Officers' Association (AGPOA) 13. ADJOURNMENT The Council reconvened at 10:16 P.M. and immediately adjourned after a unanimously approved motion by Lady/Fuller. No action was taken. ATTEST: " , 8 i , -