Loading...
Minutes 1995-04-11 , " 445 , MINUTES. REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 11, 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 Camp Fire members of the En-Le-Tri-Ay Group, Anna Naccarati, Kerry Bridge, caitlin Spencer, Maris MCCarthy and Hilary Smith (Sharon Naccarati, leader) led the Pledge of Allegiance to our Flag. The Rev. Randy Ouimette, Arroyo Grande Fire Department Fire Chaplain and pastor of st. John's Lutheran 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 Manager Rick TerBorch, City Attorney Roger Lyon, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck and Interim Public Works Director John Wallace. EMERGENCY ITEM Mr. TerBorch said pursuant to Government Code Section 5495.2 (b)(2) there was a need to take immediate action on an item that carne to staff's knowledge after the agenda was formalized. He said it concerned tree removal from Arroyo Grande Creek before the pending release of 5,000 acre feet of water from Lopez Dam. He said it should be Agenda item 8.d. It was moved Lady/Brandy (5-0-0, Lady, Brandy, Fuller, Souza and Dougall voting aye) to add to the agenda Item 8.d. Removal of Trees from Arroyo Grande Creek Pending the Release of Water from Lake Dam. 4. ORAL COMMUNICATIONS ALTON JONES, 1189 Flora Road, said the old and young in America are discriminated against. He said the City's second housing unit or "granny" housing Ordinance discriminates against the elderly in that there is a maximum of 640 square feet allowed. He said more space is needed in these homes. PETE GALLAGHER, 1064 Rogers Court, objected to the State's direction to the County to release the 5,000 acre feet of water from Lopez Dam into Arroyo Grande Creek. He said the City's Zone 3 Water Advisory Committee member should be directed to convey to the County and State that it is too large a release in too short a time. He said the announced release is an over reaction and 1 "44'6 CITY COUNCIL MINUTES APRIL 11, 1995 would be a waste of resources. FRED FLANNELL, 550 Via Vaquero, said the City should take a business-like approach to parks and set priorities. He proposed that the City consider cancelling all adult ball team use of the ball fields until all the younger ball teams can play. He suggested lighting the two extra fields in the Soto Sports Complex in order to let the adults play at night. 5. SPECIAL PRESENTATION OF A D.A.R.E. VEHICLE TO THE CITY OF ARROYO GRANDE AND THE POLICE DEPARTMENT: KHATCHIK "KATCHO" ACHADJIAN MAKING THE PRESENTATIONS Mr. Achadjian said the project had been underway for approximately one year. He presented plaques to D.A.R.E. Officer Patti White, who with Mr. Achadjian conceived the idea of the car, and to Chief TerBorch, who lent his support to the project. Mr. Achadjian listed the major supporters, who contributed more than $1,000 in cash or volunteer work to the project, as being the following: Arroyo Grande Rotary Club Arroyo Grande Shell station Central Coast National Bank Five-cities pismo Beach Rotary Club PG&E Rivera's Body and Paint Shop San Luis Obispo Sheriff's Advisory Council UNOCAL Mr. Achadjian named the D.A.R.E. Supporters and Friends of D.A.R.E., who contributed monies and work, and gave a special thank you to the ~imes-Press-Recorder newspaper for publicity on the project. He said Larry Rodke donated the 1969 Ford Mustang car to the project. Plaques were given to Jose Rivera and family, Pony Enterprises, Torn Redding, Dean's Muffler, Stan and Nancy Goldbloom and John Hansen. Mr. Achadjian said all the volunteer work and materials amounted to $20,000. A proclamation was read by the Mayor honoring Mr. Achadjian for spearheading the D.A.R.E. vehicle project. The keys to the new car were presented to Officer white and the Council and audience temporarily adjourned to the front of the building, where the car was parked for all to see. 6. CONSENT AGENDA It was moved by Souza/Brandy, and the motion passed unanimously to approve Consent Agenda Items 6.a. through 6.j., 2 447 CITY COUNCIL MINUTES APRIL 11, 1995 with the recommended courses of action. 6.a. March 28, 1995, City Council Minutes. Approved. 6.b. April 5, 1995, Senior Advisory Commission Minutes. Information. 6.c. R-U-OK Program Funding; One-Time Allocation from the Area Age~cy on Aging to Fund a R-U-OK Senior Assurance Telephone Program. Approved. S.d. March, 1995, Investment Report. Information. 6.e. First Quarter, 1995, Sales Tax Revenue Report. Information. 6. f. Attorney Agreement; as Required by the Business and Professions Code Section 6148. Approved and Mayor authorized to sign. 6.g. Liability Claim, Roderick Kenneth MacKenzie. Rejection approved. 5.h. Letter of Resignation from Marjory Cash, Mobile Home Rent Review Board Member. Accepted with regrets. 6. i. Waiver of Park Development F~es; Housing Projects Located at 351 South Elm Street and 163 South Elm Street; People's Self-Help Housing Corporation. Approved. 6. j. Contract with Earth Systems; Don Roberts Field. Approved and Mayor authorized to sign. 7. REGISTER OF CHECKS It was moved by Lady/Brandy, and the motion passed unanimously to approve Cash Disbursements in the amount of $357,823.64, as listed in the April 6, 1995, staff report of Finance Director David Bacon. 8 .A. REPORT/UPDATE ON SWINGING BRIDGE Mr. Wallace referred to the April 11, 1995, letter from the Governor's Office of Emergency Services acknowledging that the State Historic Preservation Office had decided that the Swinging Bridge is not eligible for inclusion in the National Register of Historic Places, and therefore reimbursement by FEMA can be processed. He said the total Federal and State funding for replacement of the bridge will amount to 94 percent of the cost, and the City will be paying about $5,200. He said after the city receives written notification of project approval through the OES, it will be four to six weeks before reimbursement is made. 3 '448, CITY COUNCIL MINUTES APRIL 11, 1995 He said at the March 28, 1995, Council meeting the low bid of $65,692 by Vernon Edwards Constructors was approved. He said the Council could decide at this meeting whether or not to sign the contract and proceed with bridge reconstruction. Mr. TerBorch said staff had a high confidence level that the City would receive reimbursement from FEMA and OES. , Council Members discussed the completion of the bridge in time for the Strawberry Festival. Mr. Wallace said there would be extra expenses for the contractor if the bridge was to be finished by then. The City Attorney said incentives for finishing by the festival date should be a matter between the Save-the-Bridge group and the contractor. He said it would be a cleaner more expedited process. He said the City contract with Vernon Edwards has specified deadlines. Council Member Fuller asked what could jeopardize the reimbursement. Mr. Wallace said the bureaucracy, audits, etc. , but he did not foresee a problem. John Clark of the Save-the-Bridge Fund said he wanted to know the deadline date in the City contract with Vernon Edwards before any of the funds raised are used for an incentive to finish early. Council Member Lady congratulated Mr. Wallace on his work to seek reimbursement for bridge replacement. It was moved by Lady/Brandy, and the motion passed unanimously to direct the Interim City Manager to meet with the contractor and to enter into an agreement to expedite as soon as possible the replacement of the swinging Bridge. Mayor Dougall thanked Mr. Clark, the South County Historical Society, the Village Merchants Improvement Association, the Arroyo Grande Woman's Club and all others who have contributed to the fund raising. 8.B. PROPOSED JAMES ESTATE ANNEXATION Planning Director Liberto-Blanck referred to her April 11, 1995, staff report, and using the overhead projector discussed background on the project, the annexation procedure, issues involved in an annexation, an annexation study, City responsibility, and staff needs analysis. She referred to an April 5, 1995, letter from John Ashbaugh, who represents the James family. Mr. Ashbaugh spoke to the Council saying that if the City 4 449 CITY COUNCIL MINUTES APRIL 11, 1995 annexes the James property, there would be no density changes. He said the annexation would permit greater flexibility to plan. He said there will be a drainage issue since the property drains to incorporated areas of the City. He said clarification is needed as to what the fees will be. He introduced Ann and Glenn James and James Nicklas. Council Members asked questions and made comments about the app~icants paying for the annexation study, Transfer Development Credits, County development of land bordering the City, staffing impacts and costs to the city. Council Member Fuller asked about college interns being added to the planning staff to work on the annexation project. Mr. TerBorch and Ms. Liberto-Blanck said they would not be familiar with the procedures, could slow down the process and a certain degree of expertise would be needed. There was discussion of how to fund staff time, and Council Member Brandy said he would like a cost-accounting of staffing, which the applicant would pay. Council Member Souza asked when the annexation study would be done if the applicants are applying to the Local Agency Formation Commission for annexation right away. City Attorney Lyon said before the Council would vote on annexation, there would be pre-zoning and general plan changes. He said as a prerequisite to that, the environmental review done in the initial study would be concurrent with the preparation of the annexation study to analyze the cost benefits. He said if it is determined through the cost benefit study or the environmental review that it is not appropriate or there are changes to be made, the Council will have the option to make those changes before approving the pre-zoning and general plan amendment. Mr. Gallagher, speaking from the audience, asked when would be the time for public comment. The City Attorney said the required public comment period would be during the environmental determination after the initial study is completed, and assuming a negative declaration or EIR is prepared, there will be public review and comment at that stage. He said there would be public hearings before the pre-zoning and general plan amendment. He said those would be at the City Council level, and then there would be public hearings before LAFCO before the annexation could be approved. It was moved by Brandy/Lady, and the motion passed unanimously to: 5 ~ "4 S"O CITY COUNCIL MINUTES APRIL 11, 1995 1. Require the applicant to submit sufficient funds to the city for a consultant to prepare an Annexation Study (or cost/benefit analysis) of the proposed annexation at a time to be determined. 2. Instruct staff to work with the applicant and LAFCO staff on processing the annexation proposal. 3 . Applicant must submit funds to cover staff time. Mr. Gallagher, speaking from the audience, asked if this would imply council's pre-approval of the annexation. council Member Brandy said he would not approve until he reviewed the impacts and was assured of staff cost recovery. Mayor Dougall said the Council on February 14, 1995, directed staff to work with Mr. Ashbaugh and the James Estate in pursuing possible annexation to the city. s.c. PROPOSED FREDERICK'S SPHERE OF INFLUENCE AMENDMENT/ANNEXATION Ms. Liberto-Blanck referred to her April 11, 1995, staff report, and using the overhead projector, gave background on the proposal to amend the city's Sphere of Influence. She said Paul Hood, LAFCO executive director, explained that based on similar projects before LAFCO, the whole range of environmental and policy issues must be addressed at the time of the Sphere of Influence amendment review. The Planning Director said this means that a "conceptional" plan identifying the acreage of each proposed use must be available, and a Master Environmental Impact Report would be needed. She said these would cost approximately $75,000. She said LAFCO Standards for the Evaluation of Proposals must be met and this would cost approximately $7,000. She also discussed city and applicant costs for an amendment; presented a summary of the procedures involved, and gave a staff workload analysis. Mike Frederick, representing the Frederick family, applicants for the amendment, spoke to the Council. He said he had met with the Planning Director, the Interim City Manager, and Mr. Hood, and learned that items required in an annexation also would be needed initially in a sphere of influence amendment. He said he would like the City to follow another option, that of initiating a Sphere of Influence amendment with a negative declaration for the reason of bringing the property into the sphere in order to do land planning. He said he did not feel a full environmental impact report was necessary at the sphere amendment level. The Planning Director said LAFCO would probably ask for an environmental review to understand the impacts. The city 6 451 CITY COUNCIL MINUTES APRIL 11, 1995 Attorney said, ( 1 ) the City cannot adopt a negative declaration without first doing an initial study and environmental analysis, and ( 2 ) there is a question as to whether or not the City can be a lead agency under the California Environmental Quality Act, whether or not LAFCO would lead, and who has the legal responsibility or ability to prepare the environmental documentation. He said if the property owner is willing to fund ,the initial study, Council could direct staff to analyze the steps to be taken and the legal issues involved and report back. Mr. Frederick said the City of Paso Robles will be challenging similar LAFCO requirements when it goes before the board with an amendment to a Sphere of Influence. Council Members discussed with staff and Mr. Frederick the cost of an initial study (approximately $10,000) versus a master environmental impact report (approximately $75,000). Council Member Souza said that 30 to 40 acres of the Frederick property could be developed as a business industrial park to benefit the City, but he could not support the whole 180 acres that is being proposed by the Frederick family. Mr. Frederick said the project is not viable with only 30 to 40 acres especially with the necessity of improving EI Campo Road. Council Member Souza said if just a business park is being considered, improving EI Campo might not be necessary. In answer to a question from Council Member Lady, Ms. Liberto-Blanck said she is working with the Council of Governments on getting additional funding for studying the EI Campo Road traffic crossing of Highway 101 (near the Frederick property) in more detail. It was moved by Brandy/Fuller to give direction to staff to initiate the process of the Sphere of Influence study Application and go in the direction of taking the steps to have an initial study prepared, subject to monitoring the LAFCO process with the Paso Robles application~ reporting back to Council, and allocating $3,100 for the Sphere of Influence application to LAFCO. council Members Brandy, Fuller, Lady and Mayor Dougall voted aye, and Council Member Souza voted no. The motion passed. 8.0. EMERGENCY ITEM - REMOVAL OF FALLEN TREES IN ARROYO GRANDE CREEK Mr. TerBorch said the city had been alerted that there may be a release of 5,000 acre feet of water from Lopez Dam into Arroyo Grande Creek over the next two months. He said it will be necessary to remove trees that fell into the creek during the recent winter storms or they could cause significant problems. 7 - 4 52 CITY COUNCIL MINUTES APRIL 11, 1995 He said the tree removal should begin in the next three days, and recommended that the Council award the contract to Tutt Tree & Crane Service in the amount of $18,900. There were Council questions about the release of the water. Mr. TerBorch said the State has spoken on this matter and the water would be released. He said the creek will not overflow, nor will Kiwanis Park be inundated. He said the downed trees in the ,creek could cause damage if they are not removed. Mayor Dougall said the release would cause water to be wasted, and he said the City first read about the water release in the newspaper. Mr. TerBorch said a press release dated April 7, 1995, was not received by the city until April 10, 1995. Mr. TerBorch said the City will apply for reimbursement from the Federal Emergency Management Administration. It was moved by Lady/Souza to instruct Interim City Manager to enter into an agreement with Tutt Tree & Crane Service in the contract amount of $18,900 to remove trees and debris as indicated on the contract, based on the emergency crisis of the situation caused by the release of 5,000 acre feet of water from Lopez Dam into Arroyo Grande Creek. Mayor Dougall asked who would remove the debris from the creek banks after it was piled there, and Mr. Wallace said City crews or the crane operator would put large pieces onto city equipment. He said a Fish and Game Permit had been required and it had been applied for. A vote was called for and all Council Members voted aye. 9.A. RESOLUTION REQUESTING AUTHORIZATION TO CLOSE CITY STREETS. INCLUDING BRANCH STREET (HIGHWAY 227) FOR THE 1995 ANNUAL STRAWBERRY FESTIVAL It was moved by Souza/Lady (5-0-0, Souza, Lady, Brandy, Fuller and Dougall voting aye) to approve Resolution No. 3069 Requesting Authorization to Close City Streets for the 1995 Annual strawberry Festival. 9.B. ARROYO VALLEY CAR CLUB ANNUAL CAR SHOW; SATURDAY. JULY 29. 1995; AUTHORIZATION TO CLOSE VARIOUS CITY STREETS Mr. TerBorch referred to the April 7, 1995, staff report of Mr. Wallace. He said Mason Street may be under construction for the water and sewer project, and the car club may have to make adjustments to accommodate that. It was moved by Lady/Fuller, and the motion passed unanimously to approve the Arroyo Valley Custom Car Show on July 29, 1995, in the Village of Arroyo Grande. 8 . 453 CITY COUNCIL MINUTES APRIL 11. 1995 9.C. REOUEST TO CONSTRUCT A SHORT RETAINING WALL AND DECK/SPA; 333 MESOUITE LANE (ROYAL OAKS); TIM HUTCHINSON. GENERAL CONTRACTOR, REPRESENTING MIKE LAIRD. HOMEOWNER Mr. TerBorch said staff had reviewed the plan and had no difficulties with the deck that will be constructed on the rear of the existing home. It was moved by Souza/Brandy, and the motion passed unanimously to approve the request to construct the short retaining wall and deck/spa at 333 Mesquite Lane. 9.0. DECLARATION OF SURPLUS EOUIPMENT/VEHICLES It was moved by Souza/Lady (5-0-0, Souza, Lady, Fuller, Brandy and Dougall voting aye) to approve Resolution No. 3070 Declaring Items to be Placed on a Surplus List and Requesting Authorization for Sale at a Public Auction. 10. WRITTEN COMMUNICATIONS Mayor Dougall read a Grand Jury report praising the Police Department, and recommending that there be on-duty supervision for each Police shift. chief TerBorch credited the personnel in the department with being highly competent and doing whatever is necessary to make the department work. Chief TerBorch said he had to respond to the Grand Jury recommendation within 90 days. 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION: The Council adjourned at 10:05 P.M. to a Closed Session on the following: (a) Conference with Labor Negotiator: Govt. Code Sec.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) ,( b) Conference with Labor Negotiator: Anticipated Litigation; Government Code section 54956.9(b); Significant Exposure to Litigation Involving One ( 1 ) Potential Case. 9 4'54 CITY COUNCIL MINUTES APRIL 11, 1995 13. ADJOURNMENT The Council reconvened at 10:20 P.M., and immediately adjourned on the unanimously appro~tion of Brandy/Lady. No action was taken on the ClO~iO ~te . A. K. "PETE" DOUGALL, MAYO ATTEST: ~~a. ~ NANCY A. AVIS, CITY CLERK 10