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Minutes 1994-08-23 '342 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 23, 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. Jared Hoover of First Assembly of God Church delivered the invocation. 3. ROLL CALL Present with Mayor Gallagher were Council Members Bernard Burke, Michael Lady and James Souza. Council Member Drew Brandy was absent. Staff members present were City Manager Chris Christiansen, City Attorney Roger Lyon, City Clerk Nancy Davis, - Planning Director Doreen Liberto-Blanck, Parks and Recreation Director John Keisler and Chief of Police Rick TerBorch. 4 . ORAL COMMUNICATIONS None. 5. SPECIAL PRESENTATIONS a. Recognition of Tom Rhodes, Age 16, from Arroyo Grande, and Jaron Bell, Age 7, from Arroyo Grande, for Their positive Demonstration of Good Bicycle Riding Habits; the "Bicycle Safety" Program, a Joint Program Sponsored by the Arroyo Grande and Grover Beach Police Departments. A bicycle was presented to Tom Rhodes by Chief of Police TerBorch. Jared Bell did not attend the meeting and will receive his award at a later date from Chief TerBorch. b. Proclamation Recognizing Police Officer Kevin McBride and his K-9 Officer, TZAR, for Their outstanding Performance at the Recent Police Olympics. Officer McBride was not able to attend the meeting, and the presentation will be made at a later date. c. Resolution Recognizing Police Officer Robert Chubbuck, 1994 Police Officer of the Year. Mayor Gallagher read the Resolution honoring Officer Chubbuck. It was moved by Burke/Souza (4-0-1, Burke, Souza, Lady and Gallagher voting aye, Brandy absent) to approve Resolution No. 3043, A Resolution of the City Council of the City of Arroyo Grande Recognizing Officer Robert Chubbuck as the 1994 Police 1 i I .~j . 343 , CITY COUNCIL MINUTES AUGUST 23, 1994 Officer of the Year. d. Resolution Recognizing Police Dispatcher Linda Holt, 1994 Dispatcher of the Year. Mayor Gallagher read the Resolution honoring Dispatcher Holt. It was moved by Burke/Souza (4-0-1, Burke, Souza, Lady and Gallagher voting aye) to approve Resolution No. 3044, A Resolution of the City Council of the City of Arroyo Grande Recognizing Dispatcher Linda Holt as the 1994 Dispatcher of the Year. I e. Resolution Recognizing Reserve Police Officer Jeffry Bromby, 1994 Reserve Police Officer of the Year. ~- It was moved by Burke/Souza (4-0-1, Burke, Souza, Lady and Gallagher voting aye, Brandy absent) to approve Resolution No. 3045, A Resolution of the City Council of the city of Arroyo Grande Recognizing Reserve Officer Jeffry Bromby as the 1994 Reserve Officer of the Year. Reserve Officer Bromby was not present, and the presentation will be made at a later date by Chief TerBorch. 6. CONSENT AGENDA It was moved by Burke/Lady, and the motion passed unanimously to approve Consent Agenda Items 6.a. through 6. e. , with the recommended courses of action. 6.a. August 8, 1994, Special City Council Minutes. Approved. 6. b. August 9, 1994, city Council Minutes. Approved. 6.c. Request to Purchase Plain Paper Fax Machine; Police Department; Budgeted Item. Awarded to low bidder. 6.d. Request to Purchase Police Radar unit (2); Police Department; Budgeted Item. Awarded to low bidder. 6.e. Request of Arroyo Grande Rotary Club to Erect a Plaque at the swinging Bridge. permission granted. 7. REGISTER OF CHECKS It was moved by Souza/Burke, and the motion passed unanimously to approve Cash Disbursements in the amount of $815,841.57, as listed in the August 18, 1994, Staff Report of Finance Director David Bacon. 2 , - 344 CITY COUNCIL MINUTES AUGUST 23, 1994 8.A. PUBLIC HEARING - PROPOSALS FOR THE FOLLOWING: ( 1 ). SOURCE REDUCTION AND RECYCLING ELEMENT (SRRE); (2) HOUSEHOLD HAZARDOUS WASTE ELEMENT (HHWE); (3) DRAFT ENVIRONMENTAL IMPACT REPORT ( EIR) ; (4) DRAFT NONDISPOSAL FACILITY ELEMENT (NDFE); CITYWIDE. APPLICANT: SAN LUIS OBISPO COUNCIL OF GOVERNMENTS (LEAD AGENCY); CITY OF ARROYO GRANDE (RESPONSIBLE AGENCY). Mr. Christiansen said the Council had before it four resolutions to adopt and authorize the City Clerk to file a Notice of Determination on the Final EIR for the Source Reduction and Recycling Element and Household Hazardous Waste Element. He said State law requires two public hearings on at least two elements, and the SRRE, HHWE and Nondisposal Facility Element are required to be submitted to the California Integrated Waste Management Board by August 31, 1994. He said the Planning Director's staff report outlines what the four elements are about. He said on August 10, 1994, the Council was sent a - memorandum concerning the elements. He recommended adoption of the four resolutions. Planning Director Liberto-Blanck referred to her August 23, 1994, staff report, and recommended that a Public Hearing be opened and closed after receiving testimony; that the four resolutions be adopted, and the city Clerk authorized to file a Notice of Determination on the Final EIR for the SRRE and HHWE. She said RUTH ABBE of Brown, Vence & Associates was present to answer detailed questions. She said the first meeting of the Solid Waste Technical Advisory Committee would be August 25, 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 carne forward to speak, the Mayor closed the hearing to the floor. Council Member Burke said these documents are a consensus of the opinions of the majority of the members of the old Solid Waste Task Force, and two of the items have been under study for one and one-half to two years. He said these are mandated by State law~ and if the city fails to comply or make a reasonable effort, there could be a $10,000 a day fine. He said there is no chqice but to approve the resolutions. Council Member Lady said he concurred with Council Member Burke. Mayor Gallagher said the Council has a responsibility to collectively move in the direction of solid waste reduction. STEVE DEVENCENZI, Council of Governments Solid Waste Program Manager, said the Solid Waste Management Authority is organized 3 I ! i ,-,' . 345 . CITY COUNCIL MINUTES AUGUST 23, 1994 and ready for the implementation phase of the program. He said the Authority will be meeting in three weeks, and will begin work on a Household Hazardous Waste Disposal grant for a waste disposal event in the South County. It ~as moved by Souza/Burke (4-0-1, Souza, Burke, Lady and Gallagher voting aye, Brandy absent) to approve Resolution No. i 3046, A Resolution of the City Council of the city of Arroyo I Grande Making Findings Regarding the Source Reduction and i I Recycling Element and the Househqld Hazardous Waste Element Final Environmental Impact Report. I It was moved by Burke/Lady (4-0-1, Burke, Lady, Souza and Gallagher voting aye, Brandy absent) to approve Resolution No. 3047, A Resolution of the City Council of the city of Arroyo - Grande Adopting the Source Reduction and Recycling Element. It was moved by Lady/Souza (4-0-1, Lady, Souza, Burke and Gallagher voting aye, Brandy absent) to approve Resolution 3048, A Resolution of, the city Council of the City of Arroyo Grande Adopting the Household Hazardous Waste Element. It was moved by Burke/Lady (4-0-1, Burke, Lady, Souza and Gallagher voting aye, Brandy absent) to approve Resolution No. 3049, A Resolution of the City Council of the city of Arroyo Grande Adopting the Nondisposal Facility Element. 8.B. PUBLIC HEARING - OPERATION OF A TAXICAB SERVICE AND A TAXICAB SUBSIDY PROGRAM FOR SENIOR CITIZENS IN THE CITY OF ARROYO GRANDE: CITYWIDE. APPLICANT: ANTHONY R. ROMERO Mr. Christiansen said Anthony Romero had taken over the taxi service in the South County. He reminded the Council that it had approved a certificate of Public Convenience and Necessity to Five cities Yellow Cab on April 26, 1994. He recommended that a certificate also be approved for Mr. Romero. He said the cities of Grover Beach and pismo Beach also had approved Mr. Romero's operation. He recommended that the taxi subsidy program, in which all South county cities participate, be changed in that citizens in Arroyo Grande, Grover Beach and Plsmo Beach, can ride from 9ne city to the other ~ithout forfeiting the $2.00 subsidy to the rider. In answer to Council questions, Mr. Keisler said allowing the taxis to cross city boundaries would make for a uniform service area. He said he did not think the Senior Advisory Commission would have a problem with that policy. After being assured that the Public Hearing had been duly 4 346 CITY COUNCIL MINUTES AUGUST 23, 1994 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, the Mayor closed the hearing to the floor. Mr. Romero said he would be naming the new taxi company "Beach cities Taxi". He said his taxis would be in good mechanical condition, but that his mechanic was not a "certified" mechanic. Mayor Gallagher directed staff to work with Mr. Romero on this matter and the matter of the color of the taxicabs. It was moved by Burke/Lady (4-0-1, Burke, Lady, Souza and Gallagher voting aye, Brandy absent) to approve Resolution No. 3050, A Resolution of the city council of the city of Arroyo Grande Granting a Certificate of Public Convenience and Necessity to Anthony R. Romero for the Operation of a Taxicab Service Within the city Limits. - 9.A. RESOLUTION DESIGNATING LANDMARK TREE NO. 94-65; 1048 FALR OAKS AVENUE It was moved by Souza/Burke (4-0-1, Souza, Burke, Lady and Gallagher voting aye, Brandy absent) to approve Resolution No. 3051, A Resolution of the city Council of the city of Arroyo Grande Designating a Landmark Tree 94-65. 9.B. REPORTS OF VARIOUS COMMITTEES: 1. South San Luis Obispo Sanitation District - No Report. 2\. South county Area Transit (SCAT) council Member Burke said a grant of $20,000 had been received to rehabilitate the local bus. He said the budget had been adopted. He said the claim for the TDA funds had been submitted and $110,000 might be available for the city. 3 . Council of Governments (COG) Council Member Burke said at the COG meeting of August 3, 1994, members voted to endorse Proposition 185 that would add a four percent sales tax to gasoline. He said it would fund pUblic transit. He said he voted against the proposition, but it passed. He said at the San Luis Obispo Transit Authority meeting a feasibility and funding formula study was discussed. He said the purpose of the study is to identify and evaluate a range of alternatives and an organizational study for fixed routes and dial-a-ride services in the county. He said it looks like a trend is developing toward consolidation of all transit facilities into one agency. He said Arroyo Grande would lose 5 '_:J' . , 347 CITY COUNCIL MINUTES AUGUST 23, 1994 local control and funds for maintenance and repair of our streets. 4 . Integrated Waste Management Authority (IWMA) Board Council Member Lady said the authority had been formed, and the next meeting would be September 14, 1994. He said it would be interesting to see what direction the cities of Paso Robles and Atascadero would take with regard to the Joint Powers Agreement. 5. Zone 3 Water Advisory Committee No Report. 6. County Water Advisory Board No Report. - \ 7. Long Range Plan Update Committee No Report. 8. Chamber of Commerce Economic Development Committee council Member Souza said the Chamber Board of Directors had decided not to transfer the Commercial Vacancy Survey to a private firm, because it might show favoritism. 9. Coordinated Agriculture Support Program Planning Director Liberto-Blanck said the City had received the final draft of the CASP document. She said Steve McGary will be preparing an executive summary of the document and then public hearings will be held. 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION On the unanimously approved motion of Souza/Lady, the Council adjourned at 8:17 P.M. to a Closed Session on the following: (~) Conference with Labor Negotiator: Government Code section 54957.6 Agency Negotiator: Chris Christiansen Employee organizations: Service Employees International Union and Arroyo Grande Police Officers' Association 6 , I I I G ^ 3 4.8 CITY COUNCIL MINUTES AUGUST 23, 1994 The city Council reconvened at 9:00 P.M. The city Manager announced that the city council had reached a memorandum of Understanding with the Police Officers' Association for fiscal year July 1, 1994, through June 30, 1995. He said there will be a fou~ percent cost of living salary increase and range_ adjustments of two and one-half percent as of July 1, 1994, and January 1, 1995. He said the police will receive Specialty Pay and will be provided with Vacation Accrual up to 200 hours per year. He said there will be Educational Pay for all, including non-safety people; Emergency Leave; a probationary period for new entry and promotional people; and a new Resignation Policy. He said the Council and police agreed on Management Rights and to reopen negotiations in the spring of 1995. He said the job class , of Dispatchers and Clerk Typists will be changed to Service I I Technicians, and there will be some back pay for Dispatchers upon j the concurrence of the city Attorney. He said for exact details, the MOU should be referred to. '~ ADJOURNMENT On the unanimously approved motion of Lady/Burke, the Council adjourned at 9:05 P.M. _/ ATTEST: . 7