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Minutes 1994-11-22 . , MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 22, 1994 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 Matthew Peter Gallagher, III, presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Randy Quimette, Arroyo Grande Fire Chaplain and Pastor of st. John's Lutheran Church, delivered the invocation. 3 . ROLL CALL Present with Mayor Gallagher were Council Members Drew Brandy, Bernard Burke, Michael Lady and James Souza. Staff Members present were City Manager Chris Christiansen, City Attorney Roger Lyon, City Clerk Nancy Davis, Chief of Police Rick TerBorch, Director of Building and Fire Kurt Latipow, Division Chief winton Tullis, Fire Mechanic James Ritterbush, Fire Captain Marshall Vaughn, Planning Director Doreen Liberto-Blanck and Current Planner Scott Spierling. 4. ORAL COMMUNICATIONS PAUL WINEBERG, 546 Ide Street, complained to the Council about noise, cursing, dust and dangerous conditions at the construction site next to his home. Mayor Gallagher asked staff to resolve the matter with Mr. Wineberg and the construction contractor. FRED FLANN ELL , 550 Via Vaquero, had a list of complaints against the city. He said the Parks and Recreation Director had bought a $1,000 skateboard ramp and now was going to consult the city Attorney and insurance people to see if it could be used by the city. He said staff should be careful with the taxpayers' money, especially those staff members who live out of town and don't pay taxes like John (Keisler) . He said the Arroyo Grande tax level does not affect him (Keisler). Mr. Flannell referred to a City contract with SEDES for $5,000 covering an expanded initial study for the Rancho Grande Park. He asked which Council Members knew and approved the spending of the $5,000. City Attorney Lyon said since this was not an agenda item, staff would look into the matter and report back. Mr. Flannell said it seemed that the consultant was told by the City in advance what the results of his study was going to be. Mr. Flannell's last objection concerned a grading plan for the park. He said the Parks and Recreation Director had approved spending money for a grading plan before the master plan has been approved. 1 - CITY COUNCIL MINUTES . NOVEMBER 22, 1994 5. CONSENT AGENDA It was moved by Lady/Burke, and the motion passed , unanimously to approve Consent Agenda Items 5.a. through 5.i., with the recommended courses of action. 5.a. Proclamation, "Recognizing Tim Quiggle," Arroyo Grande Economic Development Coordinator. Mayor Gallagher presented the proclamation to Mr. Quiggle. 5.b. October 25, 1994, City Council Minutes. Approved. 5.c. November 2, 1994, Senior Advisory Commission Minutes. Information. J 5.d. October 1994, Investment Report. Information. 5.e. Letter of Resignation to Cleo Silva, Traffic Commissioner. Accepted with Regrets. 5.f. Liability Claim, Jonathan Brinkerhoff. Claim rejected. 5.g. Request to Purchase Budgeted Item; Computer Software; Police Department. Approved. 5. h. Soto Sports Complex Parking Lot; Authorization to Solicit Bids to Pave the Parking Area Adjacent to Ikeda Field; Budgeted Item. Approved. 5. i. Maintenance and Indemnification Agreement for Private Improvements in the Public Right-of-Way, 525 Traffic Way; Khatchik H. Achadjian. Mayor authorized to sign. 6. REGISTER OF CHECKS It was moved by Souza/Burke, and the motion passed unanimously to approve Cash Disbursements in the amount of $885,287.73, as listed on the November 4, 1994, Staff Report of Finance Director David Bacon. It was moved by Souza/Burke, and the motion passed unanimously to approve Cash Disbursements in the amount of $269,647.89, as listed on the November 16, 1994, Staff Report of Finance Director Bacon. 7.A. PUBLIC HEARING - APPEAL OF CONDITION NO. S OF PLANNING COMMISSION RESOLUTION NO. 94-1488 THAT APPROVED CONDITIONAL USE PERMIT NO. 94-525. REGARDING TRANSPORTATION FACILITIES DEVELOPMENT IMPACT FEES: 106 WEST BRANCH STREET: DUANE ASHTON. Mr. Christiansen said the appellant, Duane Ashton, had requested a continuance of this agenda item. 2 J CITY COUNCIL MINUTES . NOVEMBER 22, 1994 After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher , declared the hearing open and said all persons would be heard regarding the matter. When no one came forward to speak, Mayor Gallagher closed the hearing to the floor. It was moved by Burke/Souza, and the motion passed unanimously to continue the agenda item to the next regular City Council meeting. '- 7.B. PUBLIC HEARING - UPDATE AND REVISION TO DESIGN GUIDELINES FOR THE CITY; CITYWIDE; APPLICANT: CITY OF ARROYO GRANDE Planning Director Liberto-Blanck referred to her staff report of November 22, 1994, "Draft Design Guidelines For Historic Districts." She recommended approval of the resolution repealing the 1985 "Design Guidelines for the Arroyo Grande village" and adopting the new "Design Guidelines for Historic Districts." She gave background on the project, including the grant from the National Endowment for the Arts that allowed the city to conduct an historic resource survey and undertake a rewriting of the design guidelines. She said the guidelines would provide guidance to architects, property owners and anybody interested in developing in both the Village commercial and residential areas. She said the area also includes development along Traffic Way. She said the Chamber of Commerce had recommended some revisions of the guidelines and they were in the revised resolution. She said the Planning commission and the Architectural Advisory Committee had approved the guidelines. She said she hoped the Council would adopt the guidelines before December 1, 1994, so that no grant monies would have to be forfeited. She said these were guidelines and not another layer of regulations. Council Member Burke asked about historical buildings in the village meeting Development Code requirements, and Ms. Liberto- Blanck said they were taken into consideration. She said the Planning Director can approve minor exceptions or a variance can be applied for. The city Attorney said the Council could go ahead and approve the guidelines, but there is a need to check the guidelines and the Development Code for consistency. The Planning Director said the only conflicting area would be where there is going to be a detached garage. She said the Development Code is more restrictive than the guidelines. She said the Development Code permits rental of living spaces above businesses in the village Commercial Zone. Council Member Lady said he approved of the preservation of the character and flavor of the village and yet not creating 3 CITY COUNCIL MINUTES . NOVEMBER 22, 1994 another layer of regulations. , Council Member Burke asked about bench advertising and whether the benches belong to the City. Chamber of Commerce Executive Director Heather Jensen said the benches were a Chamber enterprise in partnership with Daystar. She said an advertising program funds the benches. Council Member Burke objected to the political advertising put on the benches during the recent election. council Member Brandy discussed with the Planning Director -, the Guidelines and the Development Code concerning the detached garages with living quarters above them. Mayor Gallagher praised the Guidelines as a "quality document." Council Member Souza asked how the developers and contractors felt about the Guidelines, and Ms. Liberto-Blanck said a lot of the standards have been evolving. She said staff tried to follow the recommendations of the Architectural Advisory Committee that has been working with the developers. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the hearing open and said all persons would be heard regarding the matter. MARK VASQUEZ, an architect in Arroyo Grande, said the Design Guidelines constituted a good document, would help preserve the historic district and keep the area together. He asked the Council to direct staff to study the Development Code issue of the detached garages with living quarters above. When no one further came forward to speak, Mayor Gallagher closed the hearing to the floor. It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Burke, Lady and Gallagher voting aye) to approve Resolution No. 3059 Repealing the 1985 "Design Guidelines for the Arroyo Grande village" and Adopting the "Design Guidelines for Historic Districts." 8.A. APPROVAL AND ADOPTION OF THE 1994/95 MEMORANDUM OF UNDERSTANDING BETWEEN THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 817 (GENERAL AND SUPERVISORY UNITS) AND THE CITY OF ARROYO GRANDE It was moved by Souza/Burke, and the motion passed unanimously to approve and adopt the 1994/95 Memorandum of 4 377 CITY COUNCIL MINUTES NOVEMBER 22, 1994 Understanding between the Service Employees International Union, Local 817 (General and Supervisory Units) and the city of Arroyo Grande. 9.A. APPOINTMENT OF JEAN BECK TO THE PLANNING COMMISSION: TERM EXPIRES JUNE 30. 1997 Mayor Gallagher nominated Jean Beck to the Planning Commission and Council Member Souza seconded the motion. The motion was approved unanimously. 9.B. REPORT/PROPOSAL SUBMITTED BY THE DIRECTOR OF BUILDING AND FIRE REGARDING ACOUISITION OF REPLACEMENT EMERGENCY EOUIPMENT (FIRE APPARATUS) Chief Latipow referred to his November 11, 1994, staff report and recommended the Council approve a proposal from Haaker Fire Equipment for lease/purchase of a multi-purpose fire engine and a rescue unit. He described the equipment and the uses to which they would be put. He said the rescue unit will carry four fire fighters and equipment necessary to carry out the multiple duties expected during vehicle accidents, structural fires, medical assists and an assortment of other emergencies. He said the interface engine has been designed to incorporate proven state-of-the-art technology not only for wildland/brush fire fighting but also initial attack structure protection and suppression. Chief Latipow described two funding options with - Federal signal Leasing/Haaker Fire Equipment and Municipal Leasing Associates. He also discussed the payment schedules. He said Arroyo Grande Fire Department Division Chief winton Tullis, captain Marshall Vaughn and Mechanic Jim Ritterbush were in the audience to answer any Council questions. ROY COBB of Haaker Fire Equipment spoke to the Council and explained the cooperative purchase program. He said it is a common practice for cities and counties in California to purchase large equipment in this manner. Mr. Cobb said at the time the annual payment is made, changes could be made in the interest rate. He said there would be no pre-payment penalties. Council Member Brandy brought up the question of extra costs connected with the new equipment, and Chief Latipow said the only extra costs would be for two radios that would be budgeted items. council Member Souza asked if Proposition 172 monies could 5 ~-' 3'7 S', CITY COUNCIL MINUTES . NOVEMBER 22, 1994 be earmarked for this purchase. Mr. Christiansen said the City will receive $71,000 and it could be used in that manner. Council Member Burke asked the City Attorney about going out to bid for the purchase of the fire equipment, and Mr. Lyon said the Council could enter into this kind of agreement without doing that. Division Chief Tullis said he had been with the Fire Department for 25 years. He asked the Council to approve the recommended lease/purchase of the fire equipment. It was moved by Lady/Brandy to direct the City Manager and Fire Chief to enter into an agreement with Haaker Fire Equipment , for Funding option No. 1 in the amount of $359,083.73 at an interest rate of 5.94 percent to purchase a multi-purpose fire ;....) engine and a rescue unit. During discussion of the motion, Council Member Souza said he supported the Arroyo Grande Fire Department one-hundred percent, but was concerned about spending $80,000 at this time. He said the city would be setting up a sinking fund basically for this equipment, but would be getting the equipment right up front. He said he was not ready to make that committment. He said he would like to visit the proposal again when the Council looks at the 1995/1996 budget in spring, 1995. Other Council Members approved the Fire Chief's recommendation. On a roll call vote, Council Members Brandy, Burke, Lady and Mayor Gallagher voted aye, and Council Member Souza voted no. 9.C. RESOLUTION DECLARING SURPLUS PROPERTY TO BE DONATED TO THE i SANTA COP PROGRAM It was moved by Brandy/Burke (5-0-0, Brandy, Burke, Souza, Lady and Gallagher voting aye) to approve Resolution No. 3060 Declaring Surplus Property to be Donated to the Santa Cop Program. 9.D. REPORTS FROM VARIOUS COMMITTEES 1. South San Luis Obispo County Sanitation District Mayor Gallagher said the offshore shellfish sampling program is operating efficiently, and the district has approved participation in the Local Agency Formation Commission. 2. South County Area Transit (SCAT) Council Member Burke said there was no report. 3 . Council of Governments Council Member Burke said there was no report. 6 U 379 . CITY COUNCIL MINUTES NOVEMBER 22, 1994 4. Integrated Waste Management Authority (IWMA) Council Member Lady said the authority voted to hire a consultant to prepare a Regional Siting Element for $23,900. He said there still is no answer as to whether Paso Robles or Atascadero will enter into the JPA. He said he suggested that the two cities at least pay their tipping fees. He said there would be a closed session January 11, 1994, to discuss the participation of the northern county cities. 10. Air Pollution Control Board Council Member Lady said there was no report. I , 5. Zone 3 Water Advisory Committee and 6. County Water Resources Advisory Committee Council Member Brandy said Lopez Lake is 40 percent full, and fees for use of the lake and campgrounds will be increasing. He said the results of a Watershed Survey showed there were no problems. He said the remedial work on Lopez Dam was progressing, and testing should be completed in January, 1995. He said the water rights of Arroyo Grande Creek was discussed and a Los Osos resident said not enough water is being released into the creek to maintain the fish. He said County lawyers and the Fish and Game Department are investigating the matter. He said there would be no cloud seeding. He discussed Arroyo Grande's interest in the State Water project, even though the City is not participating in the project. He said perhaps the surplus State water can playa part in future City annexations. 7. Long Range Plan Update Committee Council Member Souza gave the results of an Omni-Means traffic study of East Branch Street. He said East Branch Street . is a thoroughfare and not a hub, 90 percent of the traffic from the east does not stop and 80 percent of the traffic from the west comes from outside the community. He said there is enough parking in the Village, but better signage is needed. He said better channeling of traffic is needed on East Branch. He said a business survey showed that 59 percent of pedestrians, shoppers, merchants, etc. said traffic flow was good to excellent, and 65 percent said parking was good or better. He said there was a mixed reaction to increasing public transit. He said 80 percent of those surveyed said a creekside trail for pedestrians and bicyclists would be beneficial. An open house from 3 to 6 P.M. December 13, 1994, in the Council Chambers was discussed by Council Member Souza. He said the open house would introduce the public to the traffic study being done by Omni-Means. 8. Chamber of Commerce Economic Development Committee Council Member Souza said there was no report. 7 3.8 O~ CITY COUNCIL MINUTES . NOVEMBER 22, 1994 9. Coordinated Agriculture support Program (CASP) Council Member Souza said there was no report. 10. WRITTEN COMMUNICATIQNS Mayor Gallagher said he would be attending a breakfast with Governor Pete wilson and the Secretary of the Air Force on November 28, 1994, where the Western Commercialization Space Port would be discussed. He said he would be looking for the business implications for the city of Arroyo Grande. 11. ORAL COMMUNICATIONS Mayor Gallagher thanked the citizens of Arroyo Grande for U having the confidence in him to elect him Mayor of the City for the past two years. He spoke about the Utility Users tax implemented by this Council and said it was necessary because of .- " the $400,000 budget deficit inherited from the previous Council. ;" He said there is a renewed confidence in the City by the business community of Arroyo Grande. He noted the 44 commercial acres in the Rancho Grande subdivision is now in escrow, and the developer will be contacting the city concerning future development plans. He assured the citizens that the present Council is one of honesty and integrity and not manipulated by a "political machine." He wished Council Members Lady, Brandy and Souza good luck, and said the City staff is the finest in the County. 12. CLOSED SESSION The Council convened at 9:26 P.M. to a Closed Session on the following: a. Conference with Labor Negotiator: Government Code Sec. 54957.6 Agency Negotiator: city Manager Chris christiansen Unrepresented Employees: Management, Mid-Management, Part-time, Fire Volunteers and Police Reserves b. Public Employment (Government Code section 54957) Title: City Manager The City council reconvened from Closed Session at 11:00 P.M. city Attorney Lyon announced that on Item 12.a., the city Council passed the following motion: Effective July 1, 1994, there will be a 4 percent salary increase for management, mid-management, and confidential employees. There will be an increase in pay to the Police Reserves according to the written salary schedule that is entered into the minutes. There also will be a merit salary adjustment for the Police Chief, including the 4 percent salary increase, bringing his total salary to $65,000. A merit salary adjustment 8 U - 381 ' . ' . CITY COUNCIL MINUTES . NOVEMBER 22, 1994 will be given to the Director of Building and Fire, including the 4 percent, bringing his salary to a total of $60,000. The motion was made by Council Member Lady, seconded by Mayor Gallagher, and passed with affirmative votes by Council Members Burke and Lady and Mayor Gallagher; and no votes by Council Members Souza and Brandy. City Attorney Lyon said that on Item 12.b., a letter of resignation was submitted to the City Council, effective March 31, 1995, by city Manager Chris Christiansen. Mr. Lyon said a motion accepting the resignation was made by Council Member Burke, seconded by Council Member Lady, and unanimously passed. 13. ADJOURNMENT: REMINDER TO ADJOURN TO TUESDAY, DECEMBER 6. '- 1994. CITY COUNCIL REORGANIZATION MEETING. 6:30 P.M.. CITY COUNCIL CHAMBERS The city Council P.M. ..... ---S- Ill, MAYOR ATTEST: 9