HomeMy WebLinkAboutMinutes 1996-05-14MINUTES
SPECIAL AND REGULAR AEETINGS OF THE CITY COUNCIL
TUESDAY, MAY 14, 1996
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
The City Council of the City of Arroyo Grande met in Special
Session at 6:30 p.m., with Mayor A. K. "Pete" Dougall presiding.
Present with Mayor Dougall were Mayor Pro Tem James Souza and
Council Members Drew Brandy, and Michael Lady. Council Member
Michael Fuller was absent. Staff members present were City
Manager Robert L. Hunt and City Attorney Tim Carmel.
1 CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant Exposure -to Litigation Pursuant to
Government Code Section 54956.9(b) Involving One (1)
Potential Case
2 ADJOURNMENT
The Special Meeting was adjourned at 7:20 p.m. to the Regular
Council Meeting, May 14, 1996, 7:30 p.m., City Council Chambers.
REGULAR MEETING OF THE CITY COUNCIL
1. CALL TO ORDER
The City Council met in Regular Session at 7:30 p.m., with Mayor
Dougall presiding.
City Attorney Carmel said there were no formal actions taken in
the Closed Session of the Special Meeting.
2 AND 3 FLAG SALUTE AND INVOCATION
A representative of the Arroyo Grande Lions Club led the Pledge
of Allegiance to our Flag, and the Rev. Richard Harrison of TLC
Christian Life Center delivered the invocation.
4. ROLL CALL
Present with Mayor Dougall were Mayor Pro Tem Souza and Council
Members Brandy and Lady. Council Member Fuller was absent. Staff
members present were City Manager Hunt, City Attorney Carmel,
City Clerk Nancy Davis, Chief of Police Rick TerBorch, Community
Development Director Doreen Liberto-Blanck, Associate Planner
Scott Spierling, and Finance Director David Bacon.
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CITY COUNCIL MINUTES
MAY 14, 1996
5 SPECIALS S '' TATIONS
Chief of Police TerBorch announced this is Police Memorial Week
to a Police Memorial Service
and invited the Council and public
in San Luis Obispo Mission honoring California officers who lost
their lives in the line of duty.
6. AGENDA REVIEW
City Manager Hunt said the applicant on Agenda Item 10.d. had
supplied I additional information and it was distributed to the
Council.
6 A RESOLUTIONS AND ORDINA C S READ
IN.I the motTonLON pas Y unanimously
It was moved by Souza / Y
that all resolutions and ordinances presented at the meeting be
read in title only and all further reading be waived.
7. PUBLIC HEARING - ADOPTION OF CHAPTER 2 C TI E 5 OF THE
ARROYO GKNI�DL ilUNICTPAL C
STANDARDS ierlin
p g said the Council approved a Noise
Associate Planner S 1993 and since that time staff has been
Element Update June 8,
working on a draft noise ordinance. He said the new ordinance
will contain noise level standards and enforcement procedure900
He said there will be an estimated cost of approximately
per year for enforcement (equipment plus staffing).
It was moved by Brandy/Lady and the motion passed unanimoly5,
conduct the first reading of an noise ordinance adopting Title
Chapter 6 of the Municipal Code.
g PUBLIC COMMENT PERIOD
No one -came forward to speak.
9. CONSENT AGENDA
It was moved by Souza/Lady and the motion passed (4-0-1, Souza,
Lady, Brandy, and Dougall voting aye, Fuller absent)
tothe ended
Consent Agenda Items 9.a. through 9.q.,
withcourses of action.
9.a. Register of Checks/Demands.' Approved.
9.b. Statement of Investment Deposits. Approved.
9.c. Liability Claim: Jeri Young. Claim Rejected.
9.d. Declaration of Surplus
Equipment.
DonatedResolution
SanoLuis40bispo
Declaring Surplus Property to
County Sheriff's Department Program to Refurbish Bicycles for
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CITY COUNCIL MINUTES
MAY 14, 1996
Needy Children was adopted.
9.e. Fee Waiver for Harvest Festival. Approved.
9.f. Fee Waiver for Peoples' Self -Help Housing Corp. Approved.
9.g. Appointment to Mobile Home Rent Review Board: Marie Burt.
Approved.
9.h. Establishment of a Green Waste Recycling Program, Fee for
Service and Approval of an Amendment to the Current Recycling
Agreement. Resolution No. 3141 Establishing Rates for Recycling
Collection Services and Yard Refuse (Green Waste) Collection
Services was adopted.
9.i. JPA (Joint Powers Authority) with County on Safety Element.
Mayor authorized to enter into a JPA.
9.j. Adoption of Ordinance Repealing Chapter 2 of Title 5 of the
Arroyo Grande Municipal Code and Adding Thereto a New Chapter 2;
Cable Television Franchises. Ordinance No. 474 C.S. Repealing
Chapter 2 of Title 5 of the Arroyo Grande Municipal Code and
Adding Thereto a New Chapter 2 was adopted.
9.k. Amendment to Personnel Regulations. Approved.
9.1. Request to Purchase Budgeted Items; In -car Video Systems.
Approved.
9.m. Porter Field Lighting Project; Solicitation of Bids.
Approved.
9.n. Approval to Solicit Bids for a 1996 Water Truck. Approved.
9.o. Approval to Solicit Professional Services for the Design of
a Rest Room at the Elm Street Center. Approved.
9.p. Recommend Council Approve the Submittal of the Disadvantaged
Business Enterprise Program Plan to Caltrans and Direct Staff to
Submit the Request for Authorization for the James Way
Restoration Project to Caltrans. Approved.
9.q. Adoption of 1996-97 Appropriation Limit from Tax Proceeds.
Resolution No. 3142 Adopting a Tax Proceeds Expenditure
Appropriation Limit for Fiscal Year 1996-1997 was adopted.
0 A AMENDMENT TO FIREWORKS ORDINANCE PROHIBITING POSSESSION AND
DISCHARGE BY PERSONS UNDER EIGHTEEN (18) YEARS OF AGE
Police Chief TerBorch said the Police Department and City
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CITY COUNCIL MINUTES
MAY 14, 1996
Attorney staff researched and developed the proposed ordinance
that amends the newly -enacted fireworks ordinance to prohibit
persons under eighteen (is) years of age from possessing or
discharging "safe and sane fireworks" except when
earsnofrageeor
direct supervision of persons twent one (21) y f
older.
It was moved by Brandy/
Souza and the motion passed (4-0-1,
Brandy, Souza, Lady, and Dougall.voting aye, Fuller absent) to
introduce for first reading an ordinance Amending Title 4,
.Chapter 2 of the Arroyo Grande Municipal Code.
PROPOSED GATE OF BRUSHPOPPG PRaPERTY the
10 B the FY 1995 96 Budget sessions,
City Manager Hunt said during
City Council directed staff to investigate and report back on the
sale of the City's 5.13 acre property (used for a number of years
by the Brushpoppers Riding Club) in the unincorporated area of
the County. He said the riding club members voted in the
affirmative to purchase the property from the City. He
recommended the Council authorize staff tomeub into sale of
negotiations with the Brushpoppers Riding C
the property; authorize the City Manager to enter into a contract
with Malone/Anderson and Associates for a not -to -exceed panda of
$800 to establish the fair market value of the property, purchase of a
direct staff tementuuponrn osuccessfulthe ll for approval
o conclusionofnegotiations.
and sales agre
Jeanne Goldman, a reprato keep the clubtive of the hPnformed aboutshe
the
appreciated.staff's efforts
proceedings.
It was moved by Lady/Brandy and the motion passed unanimously to
approve the recommendation of the City Manager.
10 C AWARD OF AUDIT SERVICES CONTR�,C`
Finance Director Bacon said the cities of Arroyo Grande,
fGroaudit
Beach, and Pismo Beach combined in requesting proposals
oint effort being
services, with the primary motivation for the j
the possibility of enhancing the competition among audit firms by
offering a business opportunity with three cities that adjoin was
each other. He said the overriding goal was to ensure quality j
improved to the greatest extent possible in a cost effective
manner. He said staff recommenarthe
auditCouncil
servicescontract
authorize
the
with
Manager to enter into a three-yeCPA.
the independent audit firm of Terry Krieg,
Council Members discussed
Krie cshe sbid wasMr.
highergis thatservices.
wouMr.
Hunt said the reason Mr.
do most of the auditing work himself.
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CITY COUNCIL MINUTES
MAY 14, 1996
It was moved by Dougall/
Souza to authorize the City Manager to
inwith the
to a three-year audit services contract auditing
enterKrieg,
independent audit form of Terry
tin no, and Fuller absent.
The motion failed on a roll call vote with Dougal an
services. Lady and Brandy voting
Souza voting aye, f auditing services
Staff was directed
with Mr. Krieg and
report.
to renegotiate the cost o with a
come back to the next Council meeting
REZONE: J AOKA
Mayor Pro Tem Souza said
and left the
he may have a conflict of interest on
dais.
this matter
ment DiLiberto-Blanck said this pre-
rector1996,
Community Developthe City Council on March 26,
applicants they could return
application was discussed byhe She said the
at which tlmoreh,m council old t informatio on the project design.
to provide
applicants have provided information for Council consideration.
Burtram Johnson, representing
the applicants, spoke in favor o
for development and listed the reaortsto the
using a Tract Map He presented a rep
tstatements in the Community Development
Specific Plan was not necessary -
Council that critiquedreport for this meeting.
Department's staff rep
for developing the project
There wa
s Council consensus be directed to meet with
us that staff
Mr. Johnson and formulate a time in
under a Specific plan -
Mayor -Pro Tem Souza returned to the dais-
O.E. A July" �l 1996 approved a
WORKS
a REDEV 'T,OPrus• ••
Hunt said the council on March llementation of a
City ManagerInc, for the imp
proposal from Urban Futures, ro ram. He said Council has
focused redevelopment educationprogram.
economic vitality of existing
voiced an interest in ensuring
businesses in the City and the California Redevelopment Act is
buss local businesses.
one of the useful tools in assisting d unanimously
It was moved by Souza/Brandy and
that the Council conduct a joint
Redevelopment Education Workshop
6:30 to 8:30 p.m.
the motion passe
City Council/Planning Commission
on Wednesday, May 29. 1996 from
11.A- FISCAL YF
1996-97 BUDGET 5=50"rJ
City Manager Hunt discussed the 1996-97 FY Budget Development
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CITY COUNCIL MINUTES
MAY 14, 1996
Schedule. He said the Planning Commission's review of the
Capital Improvements Program is set for May 21 and the Citizens'
Participation metine andgtherMay three30. He recommended subsequent Tuesdaysbudgeirst
t
Thursday in Junn
meetings of the Council
There was Council consensus that the meetings be held
unand
6th, lith, 18th, and 25th to review, modify as app priate
adopt the Fiscal Year 1996-97 Budget.
11 B COMMISSIONERS' RECOGNITION DINN R
City Clerk Davis said the purpose for the dinner is to give
recognition for the countless unpaid hours
Commissioners/Committee Members/Board Members spend working on
City projects. She described the dinner arrangements, number of
persons attending, awards,
It was moved by Brandy/Lady and the motion passed unanimously to
authorize the inclusion of $1,500 in the FY 1996-97 Preliminary
Budget for a Recognition Dinner.
11 C INTRODUCTION OF ORDIN"':^� FOR UNIFORN CLAIMS PROCESSING
City Attorney Carmel said there is currently a gap in State law
i that certain lawsuits do not have to have claims. He said the
in City does not currently have a uniform claims procedure. He said
claim requirement on all claims
the proposed ordinance imposes a
against the City for damages or money when a procedure for
processing such claims is not otherwise provided by State law.
He said under the proposed ordinance, such a claim
must
be
accrual
presented to the City not later than one (1) year after
of the cause of action. He said this procedure will allow the
City Council to review, evaluate, and accept or reject such
claims prior to a lawsuit being filed.
It was moved by Brandy/Souza that Council introduce for first
reading an ordinance adding Chapter
11 to Titlec2of the Arroyo
i
Grande municipal Code, providing
presentation procedure.
12 WRITTEN COMMUNICATIONS
None.
13 ORAL COMMUNICATIONS
Mayor Pro Tem Souza asked if enough sites would meet the
requirements for City fireworks booths and the Mayor said the
Interim Fire Chief said there would be enough sites.
14. ADJOURNMENT
It was moved by Souza/Lady and the motion passed unanimously to
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CITY COUNCIL MINUTES
MAY 14, 1996
adjourn the meeting at 9:30 p.m. to Wednesday, May 15, 1996,
p.m. Joint City Council and Parks and Recreation Commission
meeting. 1*11
A. K. "PETE" DOUGALL
NANCY Al.OAVIS�, CITY CLERK
7
5:30