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Minutes 1993-05-11 . . ,- -, 111. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY� MAY 11 � 1993 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 �allagher, III, presiding. � 6 2 FL•AG SALUTE AND rNVOGATrON Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Jared Hoover of Firat Assembly of God Church delivered the I invocation. ' a . ROLL CA�I Present were Mayor Gallagher and Council Members Drew Hrandy and Bernard But�ke. Couneil Members Gene Moots and James Souza were absent. StafP members present at the meetinq were City Manager Chris Christiansen, Interim City Attorney Roger Lyon, City Clerk ' Nancy Davis, Planninq Director poreen Liberto-Blanck and Chief of Police Rick TerBorch. 4 . ORAL. COMMUNTCATTONG � None. i 5. CONSENT AGENDA Zt was moved by Burke/Brandy, and the motion passed unanimously to approve Consent Aqenda Items 5.a. through 5.h. , with the recommended courses of action. 5.a. Proclamation, "Poppy Days," May 17 - 22 , 1993 . Accepted by Dorothy Jensen of the American Leqion Auxiliary. Proclaimed. 5 .b. April 27, 1993 , City Council Minutes. Approved. 5.c. May 5, 1993 , 3enior Advisory Cpmmission Minutes. Information. ! 5.d. April 19, 1993 , Traffic Commission Minutes (Draft) . Informati,on. 5.e. April , 1993 , inveatment Report. Information. 5. f. Arroyo Grande Population Change. Information. 5.g. Annual Clean-up Week, May 26-28, 1993 . Information. 5.h. Closure of James Way Between Ranaho Paxkway and Equestrian Way for an Extended Period for Otility Ihstallations. InPormation. • 6.A. RESO�q7'TON RECOGNYZTNG SERGEANT RTGHARD CL•EAVER � 993 OFFTC�� OF TI1E—Y�Bg It wes moved by Brandy/HuYke (3-0-2, Brandy, Burke and Gallaglier voting aye and Moots and Souza absent) to approve Resolution No. 2981 Recognizing $ergeant Richard Cleaver as the 1993 Officer of the Year. Mayor Gallagher read the Resolution, which was accepted by Sergeant Cleaver. 6,H, RESOLUTIO�1 AECOGNIZING UTSPATCEiER ROY MUMAW � 99'� DTSPATGt1ER OF THB YEAR It was moved by Brandy/Burke (3-0-2, Brandy, Burke and Gallagher voting aye and Moots and Souza absent) to approve Resolution No. 2982 Recognizing Dispatcher Roy Mumaw as the 1993 Dispatcher of the Year. Mayor Gallagher read the Resol�tion, which , was accepted by Dispatcher Mumaw. 6 C, RESOLUTION RECOGNIZING RES�RVE OFFTGER JOSEPH IANN�O� 1993 $�SERVC� OFF,�CER OF Tf�E YEAR It was moved by Hrandy/Burke ( 3-0-2, Brandy, Hurke and 1 ' 11�2 �=� n CITY COUNCIT, MINUTG3 MAY 11 , 1993 Gal.lagher voting aye and Moots and 3ouza absent) to approve Resolution No. 2983 Recogni2inq Reserve Officer Joseph Ianneo as the 1993 Reserve Officer of the Year. Mayor Gallagher read the Resolution, which was accepted by Officer Ianneo. 7 . R�GISTEg oF ctjECKS It was moved by Hrandy/Burke, and the motion passed unanimously to approve Cash Disbursements in tkle amount of $335,442 .30, as liated ih the May 6, 1993 , Staff Report of Finance Director David Bacon. �.�A. PU@�C I;�RING - GEI�RAL PLAj�1 UPDATE QF THE HOUSING ELEMEN`P• CITYWIDE Ms. Liberto-elanck introduced Gloria Remirez, who interpreted i the proceedings for the Spanish apeakinq members of the public in the audience. The Planning Director referred to her StaPf Report ' of Hay 11 , 1993 , and gave background on the tfousing Element. She sa.id the City Council conduoted a public hearing on the draft housing element on January 26, 1993 , and authorized Staff to transmit it to the 3tate Housing and Community Development Department (HCD) . She said after the state�s review per�.od ended on March 25, 1993 , comments were sent to 3taff . She said Staff responded to the comments, but as of thia meeting, the State ttad not indicated whether the responses addressed tha State�s isSUes. She said review of the initial study and draft negative declaration ended May 12 , 1993 . 3he recommended that after public testimony and Council comments, that the item be continued to the next � Council meeting for adoption of the Housinq Element and Negative Declaration. Tha Planning Director introduced Michael Multari of Crawford, Multari and Starr, consultants workinq on the tiousing Element for the City. At the Mayor�s direction, the Planninq Director listed the concerns of }iCD and the responses made by the City. After questions and comments by Council, and after being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. Several members of the audience epoke to the Couhcil, with Ms. Ramirez translating into English. One man said he and othera were at the meeting because they are interested in low income houeing. ! He asked the Council to consider their economic situation. He said •i housing is too expensive in this area and it is difficult to support a family and pay the high reat. , Mr. Multari said a major purpose of the liousing Element is to _ increase the number of low income houses in the City in a number of '� ways, such as including it as a portion of new development, requirinq it when areas are rezoned, providing incentives to ' developers by fee waivere, and applying for monies to build new low income housing. He said the goal is to produce several hundred , houses over the next several years. Another question from the audience concerned qualifyinq for � the low income housing. Mr. Multari said income would have to be less than $19, 800. 00 for a family of four. He said the size of the family is one qualifying factor. Mayor Gallagher suggested after the }fousing Element is adopted, that Staff prepare a �ummary of the tiousing Element in the Spanish language to be available to the public at City Fidll . Ms. � Ramirez said ahe would help CiCy Staff with this. 2 , � -- . . 113 CITY COUNCIL MINOTES MAY 11 , 1993 MARIE CATTOIR of . 195 Orchid Lane commented on the loss of local control in these matters. She said she did not see how the low income housing plan was going to be incorporated at the different economic levels. She said this is no time for a City- wide tax to pay for the housing. She said tha houses on Hennett ' Street that are being built on 25 foot wide lots are not a good examples of low income housing. Mayor Gallagher said the Housing Element will allow the City to qualify for grants and support from the State. Council Member Brandy suggested that the Spanish speakinq interpreter attend the next Planning Commission meeting, but the ' Planning Director said that meeting was not a public hearing and only would cover environmental issues connected with the fiousing Element. ' Council Member Burke said the City had spent $15,000. 00 to I update the Housing Element in order to be eligible for State funds and grants . !ie said the City is not goinq to reach its goals throuqh private developers so it has to work through organizations like Peoples Self-lielp Itousing. He said he did not approve of a City-wide tax for low income housing. I It was moved by Burke/Brandy, and the motion passed unanimously to continue the public hearing to the May 25, 1993 , Council meeting. A member of the audience asked if he could apply at this time for low income housing, and Ms. Ramirez explained what the Council and Staff had said at the meeting. �,� REPORT TO THE CO NCT RECARDTNG COGR' OF NONPCI'rABLE WATFR Mr. Christiansen referred to the May 6, 1993 , Staff Report of. Public Works Director Van Laurn who wrote that it would not be possible to avoid costs of City staff time by allowing contractors to load on the honor system. tie said the process was too complicated and the system could be damaged. He said amortization of the non-potable station cost also was not possible as there was no basis for estimating use. He recommended a minimum rate of $4 .00 per unit with whatever additional amount the Council would wish to recover installation costs. Mayor Gallagher said the Council had asked Staff for a breakdown on costs to see if it would be feasible to charge less for the use of nonpotable water. . Council Member Brandy said he still felt that when the contractors can buy potable water for $1 . 25, there is no incentive to use the City's $10,000.0o non-potable water facility. fle said that by charging only $1. 25 for nonpotable water, it would show the construction people that the City prefers they use nonpotable water. tie said Arroyo Grande should take the lead in the matter of water conservation. Council Member Burke said if the City charges $4 .00 or less per unit for the non-potable water, it would be subsidizing the developers . Mr. Laurn said also the City would not be recovering the cost of installation. Mr. Christiansen pointed out that Arroyo Grande's neighboring ' cities do not have nonpotable water units. Mayor Gallagher suqgested that the City contact the nei.ghboring cities and the County and let them know we have this nonpotable water resouzce available and it would be in the interest 3 11��� �� . CITY COUNCIL MINUTES MI�Y 11 , 1993 of conservati.on that they take a look at their use of potable water. Fle said they might want to review the practice of using potable water for construction, and either buy our nonpotable water or implement their own nonpotable water programs. f�e said we should state that it would be in all our interasts to use potable water for human consumption and other uses, and nonpotable water for construction. He said through a qroup effort it may be possible to abate the cost of Arroyo Granda's nonpotable water installation and pay for the ongoinq service we provide. Fie , suggested that the City charge $4 .00 plus a nominal fee of $ .5o for � non-potable water and ask neighboring cities to look at their , practices and recognize the same concerna we have. Council Member Brandy asked further queations about how much I of the installation costs had been paid off and how had the honor � system for loading the water worked in the past. tle supported the ; Mayor's idea of involving other cities and the County in a program, i and said maybe the City eT�oi�df �a ap t�e e of ma or constructiona condition of a buildinq p Y YP 7 Mr. Laurn said he did not beliotableaw ter for usetinSArroyo i allow construction people to buy p Grande. It was moved by Burke/Gallaglter ( 2-1-0, Burke and Gallagher voting aye, � Brandy voting no and Moots and Souza absent) to approve the charging of $4 . 50 for nonpotable water. Council Members agreed that letters be sent to the neighboring oities and the County , askinq them to address their policies and tha conservation issue of usinq potable water in construction, and to let them know that Arroyo Grande has nonpotable water, is only charging only enough to cover its costs, and once the costs are covered, may lower the fee. 9 B CONSIDERAT v � �mrnu nF RF(`nRhATION BY THE �OUNTY OF , REV$RS�ON TO ACRF.AGE MAP f�$^ncnmv rOGATED A1 117 POOLE STR�F`�'._ FART PATTON ' City Attorney Lyon explained to the Council that this is a matter of dispute between the title company and the County Recorder. He said the County had changed ita bonding requirements in regard to recordation oE property, and increased the cost of a , $1 ,000.0o bond to $10,000 .00. }ie said the City had no problem with the subdivision map that was sent back to the City by the Recorder . He said, however, the City is required to place the map back on the Council agenda and act on it. He said State law assumes that there is somethinq wrong with a map if it is sent back. He said the title companies, the County Recorder and County Counsel are meeting to resolve the issue. He recommended continuing the matter until � the next Council meeting. JIM MC GILLIS, surveyor for San Luis Engineering and representative of property owner at 117 Poole Street, said his client approved of the plan to continue the aqenda item to the May 25, 1993 , City Council meeting. ! It was moved by Brandy/BUrke, and the motion passed unanimously to continue the agenda item to May 25, 1993 . i i � O.A. RES4vUTIOh AtiThORIZING PARTICIPATION OF TFIE POLICE DFPARTMEN'P I IN THE 3Ah LUIS OBISPO GOUNTY NARGOTIC '1'ASK FuRCE � Council Member Brandy requeated that the Resolution be read in its entirety because of its importance to the City. It wes moved by Brandy/BUrke (3-0-2 , Brandy, Burke and Gallagher voting aye, Moots and Souza absent) to approve Resolution No. 2994 Authorizing Participation of the Police Department in the San Luis Obispo County Narcotic Task Force. 4 ' . . 115 CI'PY COUNCIL MINUTES M7�Y 11 , 1993 10 .6. RESOLUTION DECLARING SURPLUS EQUIPMENT AND REQUESTING AU'I'1IORIZATION TO 3ELL.A TEN-FOOT BAKER WINDMILL Mr. Christiansen referred to the April 29, 1993 , Staff Report oE Parks and Recreation Direotor John Keisler. He said it had been , recommended that the City Council declare the 1939 ten foot Baker windmill as surplus property, direct Staff to advertise it in the local newspaper, and sell it to the highest bidder over $500. 00 . Iie said the proceeds from the sale would be used in the rehabilitation of the windmill located in the newly established James Way Oak Woodland and Wildlife Habitat. I It was moved by Brandy/Burke ( 3-0-2 , Brandy, Burke and � Gallagher voting aye, Moots and 5ouza absent) to approve Resolution No. 2985 Declaring as Surplus and Requesting Authorization to Sell a Ten-Foot Haker Windmill . 10 C COUNCIL DISCUSSION AEGARpING CROSSWALK MARKINGS (TRAFFIC WAY ! $�{p FAIR OAKS AVENUEI I Mr. Christiansen referred to the May 6, 1993 , Staff Report of the Public Works Director. Ele said national safety studies show that crosswalk markings present a less safe condition for pedestrians at intersections than unmarked crosswalks do. He said ; Caltrans had aqreed with these findings. He said the City Police Chief and Traffic Commission also agree. He said the High School principal aqrees with this position in relation to the Fair oaks intersection with Traffic Way. He said the Staff recommends that the City Council , in the interest of public safety, support the judgement of its profassional staff to adhere to adopted State , standards and nationally accepted professional findings regarding , marked verses unmarked crosswalks. Council Members discussed with Staff the issues of white and yellow school crosswalks, larger stop signs, traffic signals, pedestrian crossing signs and rumble strips. MRS. CATTOIR said drivers drive off the freeway at an excessive speed and some do not stop at Fair Oaks and Traffic Way stop sign. She said there are lots of children crossing Traffic Way. She said the older citizens are in a more hazardous situation walking on the uneven sidewalk on Traffic Way than cr.ossinq the street. She said Caltrans may not be a reliable organization to follow. Council Members said they were satisfied with the direction in which the City was moving with regard to crosswalks as long as tl�ere will be public input on various intersections and the City does whatever it can to enhance the stop signs and give notice to • the public of them. 10 D CITY PARTICIPATION IN ECONOMIC DEVELOPMENT ZN CONJUNCTION WrTH THE CHAMBER OF COMMERCE Mr. Christiansen said an Economic pevelopment Committee, consisting of Chamber members, citizens and City Staff, have been meeting concerning the economic welfare of the community. He said the committee had recommended that a facilitator be employed at the cost of about $2 , 500.00, with the goal of developinq a strategic plan for the economic development of the community. He recommended that the City contribute $1, 250, with the remaining portion coming from Che Chamber of Commerce. After questions and comments from the Council , it was moved by Brandy/Burke, and the motion passed unanimously to approve the , expenditure of $1, 250 for assisting the Chamber of Commerce in hiring a facilitator for economic development. 11 • WRITTEN COMMUNICATIONS None. 5 1l6 �� .� CITY CO[INCIL MINUTES MAY 11 , 1993 _1��OjtAL COMMUNTCA`i'TONS Mayor Gallagher conqratulated Chief TerBorch for receiving the professional achievement award from the California Peace Officers Association. �.3 . CL.OSED SF�STnN None. 14 AUJOURNMENT I , It was moved by Brandy/Burke, and the motion passed unanimously to adjourn the meeting at 9: 3 P.M. ! . �� i MATTNEW PETER GALLA + , ", MAYOR i � ATTEST: I NANCY A. AVIS, CITY CLERK i ; i I I ; I ; i � � i � i