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Minutes 1995-01-10 . . 395 , . , 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. 1 ',39:.6 CITY COUNCIL MINUTES JANUARY 10, 1995 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. 2 ,- , ~--~ 397 CITY COUNCIL MINUTES JANUARY 10, 1995 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 3 3 9~.8 . CITY COUNCIL MINUTES JANUARY 10, 1995 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 4 - I . 399 CITY COUNCIL MINUTES JANUARY 10, 1995 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 5 '.40"0 , CITY COUNCIL MINUTES JANUARY 10, 1995 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 6 i i r'- f