Loading...
Minutes 1995-06-27 4'92, MINUTES 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. 1. 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. Jared Hoover of First Assembly of God Church delivered the invocation. MAYOR DOUGALL ANNOUNCED THAT AGENDA ITEM 10.B. WILL BE CONTINUED FOR 30 DAYS, AT THE REOUEST OF THE APPLICANT. OAK PARK FOURSOUARE CHURCH 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, Director of Building and Fire Kurt Latipow, Director of Parks and Recreation John Keisler, and Recreation Supervisor Doug Perrin. 4. ORAL COMMUNICATIONS MATTHEW GALLAGHER, 520 Leanna, said the city's streets are in a deplorable condition and need to be repaired. He said the city should return to the chip and seal method of repairing the 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 AGENDA It was moved by Souza/Brandy, and the motion passed 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 and the matter be continued 30 days so that staff could look into the issues and perhaps tie the landscape 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 unanimously to approve Cash Disbursements in the amount of $391,907.58, as listed in the June 22, 1995, staff report of Finance Director Bacon. 8.A. PUBLIC HEARING - EXTENSION OF UTILITY USERS TAX ORDINANCE: AMENDMENT TO MUNICIPAL CODE ORDINANCE NO. 454 C.S.: CITYWIDE 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 2 494 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 ObispoJ ANTHONY AZEVEDO of 1352 Huasna RoadJ MATT GALLAGHERJ THE REV. JAN ARMSTRONG of 629 GarfieldJ PETE GALLAGHER of 1064 Rogers CourtJ LEROY SARUWATARI of 572 Launa LaneJ HEATHER JENSEN, executive director of the Chamber of CommerceJ 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 J 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 3 i I ~ . 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 increased utility bills. 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. Council Member Lady began the Council discussion of the tax. He said he believed that most of the citizens see the tax as necessary to maintain the quality of life in Arroyo Grande. He said, as a result of the budget sessions, there may be an 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 year on July 1, 1995, without the tax, it would be spending money it does not have. He said the responsible thing to do is continue the tax until the council can look at the budget, and then begin the process of backing out of the tax. Council Member Fuller said he did not like the tax. He said the citizens are intelligent enough to understand that without the tax they will have to do without some services. He said he was elected because he said he would not support the utility 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 the sunset clause was put in with the hope that the economy would improve, and it has not. He said the City is directing its efforts toward more economic development, and the City Manager should be working toward this goal. He said the city cannot run without a city Manager, nor should the city keep the Police Chief doing two jobs. He said a portion of the tax should have gone into a sinking fund for road repair. He said some of the utility tax monies were used for fire and police protection. He said the Arroyo Grande Police Officers are the second lowest paid in the county. He said if an Arroyo Grande resident has a business in the city, he or she should be exempt from the tax in one of the places. He said if government should be run like a business, it would be "business foolish" to stop the money coming in before 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 , ,J the tax until he could look at the budget and then perhaps 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 REOUIREMENTS FOR THE NUM&ER 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 I 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 CATEGORICAL EXEMPTION, I 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:" CITYWIDE 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 RECYCLING COLLECTION AGREEMENT: THREE-YEAR CONTRACT EXPIRING JUNE 30. 1998 Mr. TerBorch said staff was directed by the Council to , return a contract with the current vendor for a period of three i 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 I I with the contract on the part of the vendor, and the city I 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 i 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 be put out to bid. He said residents of Grover Beach only pay a 40 cent rate. He 6 ! 498 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 I reduction of rates~ hold latex paint, anti-freeze and oil , I I 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 . 499 CITY COUNCIL MINUTES JUNE 27, 1995 9.C. UPDATE ON GENERAL FUND REVENUES AND EXPENDITURES: FINANC~ DIRECTOR Mr. Bacon referred to his June 14, 1995, staff report and said there was no serious change from last month. He said expenditures on the storm damage of the bridge are beginning to show up now so the City may be exceeding the expenditures' budget for the year, but some recovery is anticipated next year. There were Council questions regarding Subsidy Net Transfers to Other Funds, projected Operating Reserves, and the effect on the budget if Utility User Tax revenues were not available to the I City. On the last point, Mr. Bacon said the budget would have a i deficit of $600,000. I 10.A. COUNCIL DISCUSSIO<<: I.D.E.S. PARADE: SUNDAY. JULY 2. 1995: '- REOUEST FOR PARADE MARCH THROUGH VARIOUS CITY STREETS AND WAIVING OF FEES Mr. TerBorch said I.D.E.S. has had a parade for several years on the July 4 weekend, and approximately 200 people will be marching from the Arroyo Grande Hall Association on Highway 227 to st. Patrick's Church on Fair Oaks Avenue. He said overtime police officers will provide adequate safety measures at a cost to the city of $385.02. He said I.D.E.S. will provide a barbecue free to the public this year. He said the Council could require full reimbursement for the police services, partial reimbursement, or waive all fees. MR. AZEVEDO, who is president of I.D.E.S. Council 28, reiterated that the barbecue would be free to the public and asked the City for a waiver of the fees. He said barbecue dinners also would be sent to home-bound persons. Council Members discussed the request. They said were in favor of waiving the fees on the basis of the free public barbecue, that the event brings tourist money to the City and that it increases cultural awareness. It was moved by Souza/Lady, and the motion passed unanimously to waive the fees for the I.D.E.S. Council 28 parade. 10.B. REOUES~ FOR INTERPRETATION: OAK PARK FOURSOUARE CHURCH: 900 OAK PARK BOULEVARD. This item was continued for 30 days, at the request of the applicant. 10.C. COUNCIL DISCUSSION: FIREWORKS PROHIBITION WITHIN CITY LIMITS Director of Building and Fire Latipow referred to his June 22, 1995, staff report, and said with the adoption of the 1991 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 EI Camino Real: MIKE ZIMMERMAN of 227 East Branch street: MR. DORSEY: REVEREND ARMSTRONG; PETE GALLAGHER: MS. JENSEN: THE REV. PHIL COLEMAN of Oak Park 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 i I , i ,~/ CITY COUNCIL MINUTES JUNE 27, 1995 harm's way. 11. Citizens need other ways than fireworks to express individual freedoms in this litigious society. The ban on fireworks should continue in Arroyo Grande. 12. Fire fighters view fires with solemnness and with a sense of dislike of the destruction of fire. Any fire that comes on the 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 fireworks for the reasons that there is a correlation between freedom and the freedom to have fireworks, that the risk could be managed, that there could be certain safety restrictions and that there could be more education about safety and fireworks. 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 it wants in connection with the sale and use of fireworks in the City. AT 10:25 P.M. THE COUNCIL" RECESSED FOR TWO MINUTES. 10.D. MAYOR'S INTENTION TO APPOINT/REAPPOINT MEMBERS TO VARIOUS COMMISSIONS AND BOARDS: (TERMS EXPIRING JUNE 30. 1995) Mayor Dougall said he intended to reappoint william Tappan and 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 Member Fuller said he wasn't sure of the standard procedure, but that he was familiar with Mr. Naylor's background. 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. JOHN KEEN, Planning commission chairman, asked about the 10 CITY COUNCIL MINUTES JUNE 27, 1995 status of those presently serving on the commission, and Mr. Lyon said they would remain in their positions until the new appointments were made. 10.E. ADOPTION OF RESOLUTION AUTHORIZING PAYMENT OF ACCUMULATED EXPENSES INCLUDING EMPLOYEE COMPENSATION AND OPERATING EXPENDITURES AFTER JUNE 30. 1995. AND UNTIL 1995-96 BUDGET IS APPROVED It was moved by Brandy/Lady (5-0-0, Brandy, Lady, Souza, Fuller and Dougall voting aye) to approve Resolution No. 3082 Authorizing Payment of Accumulated Expenses Including Employee compensation and Normal Operating Expenditures After June 30, 1995, and until the 1995-96 Budget is Approved. U 11~ REPORTS This agenda item was cancelled because of the late hour. 12. WRITTEN COMMUNICATIONS Mayor Dougall read a letter from Colleen Martin thanking the City and Mr. Wallace for working with the School District to repair the corner of Alder Street and Fair Oaks Avenue. The letter said the sidewalk and handicap ramp will be appreciated by all. 13. ORAL COMMUNICATIONS None. 14. CLOSED SESSION None. 15. ADJOURNMENT It was moved by Brandy/Lady, and the motion passed unanimously to adjourn the meeting at 10:39 p.m. ATTEST: 11 ---