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Minutes 1996-01-09 MINUTES SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 9, 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 for a Special Meeting at 6:30 p.m., with Mayor A. K. "Pete" Dougall presiding. 1. CLOSED SESSION - PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: CITY MANAGER Mayor Dougall; Mayor Pro Tem James Souza; Council Members Michael Fuller and Michael Lady, and city Attorney Roger Lyon adjourned to a Closed Session on a Public Employee Performance Evaluation Pursuant to Government Code Section 54957: City Manager. Council Member Drew Brandy was absent. 2. ADJOURNMENT The City Council reconvened at 7:25 p.m. REGULAR MEETING OF THE CITY COUNCIL 1. CALL TO ORDER The City Council began its Regular Meeting at 7:30 p.m., with Mayor Dougall presiding. He said there was no reportable action taken in the Closed Session. 2. AND 3. FLAG SALUTE AND INVOCATION Arroyo Grande Assembly No. 100, Order of Rainbow for Girls led the Pledge of Allegiance to our Flag, and the Rev. Randy Quimette, Chaplain for the Arroyo Grande Fire Department and pastor of st. John's Lutheran Church of Grover Beach, delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tem Souza and Council Members Fuller and Lady. Council Member Brandy was absent. Staff members present were City Manager Hunt, City Attorney Lyon, .ci ty Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, and Public Works Director John Wallace. 5. SPECIAL PRESENTATIONS: Mayor Dougall presented a Letter of Appreciation to the Rainbow Girls and Barbara Vasquez, leader, told about the history and activities of the organization. 6. AGENDA REVIEW The City Manager said there were no changes to the Agenda. 1 ,.,.,,- CITY COUNCIL MINUTES JANUARY 9, 1996 6.A. MOTION THAT RESOLUTIONS AND ORDINANCES BE READ IN TITLE ONLY It was moved by Souza/Lady, and the motion passed unanimously that all resolution and ordinances presented at the meeting be read in title only and all further reading be waived. 7.A. PUBLIC HEARING - APPEAL OF PLANNING'COMMISSION INTERPRETATION CONCERNING CONDITIONAL USE PERMIT CASE NO. 93-508: 1203 GRAND AVENUE: APPRT,T,ABT: PAT DEVANEY. 1198 GRAND AVENUE The community Development Director said that the applicant had requested that this item be withdrawn from the agenda. It was moved by Lady/Souza, and the motion passed unanimously to withdraw the item. 7.B. PUBLIC HEARING - ACCEPTANCE OF COMMENTS ON THE FINAL DRAFT SITING ELEMENT AND SUMMARY PLAN AND CONSIDERATION OF ADOPTING THE NEGATIVE DECLARATION: ToRAD AGENCY: SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY ,(CIWMA) The Community Development Director said Jeff Lee of craig Luce and Associates were present at the meeting to answer any Council questions. 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 m.atter. When no one came forward-to speak, he closed the hearing to the floor. Council Members discussed with Mr. Lee the fact that no new landfill sites were needed at this time or recommended in the siting Element and Summary Plan. It was moved by Fuller/Souza (4-0-1, Fuller, Souza, Lady, and Dougall voting aye, Brandy absent) to approve Resolution No. 3113 Adopting a Negative Declaration for the siting Element and Summary Plan and Instructing the City Clerk to File a Notice of Determination. It was moved by Fuller/Souza (4-0-1, Fuller, Souza, Lady, and Dougall voting aye, Brandy apsent) to approve Resolution No. 3114 Approving the Siting Element and Summary Plan. 8. PUBLIC COMMEND PERIOD No one came forward to speak. 9. CONSENT AGENDA It was moved by Souza/Fuller (4-0-1, Souza, Fuller, Lady, and Dougall voting aye, Brandy absent) to approve Consent Agenda 2 -- CITY COUNCIL MINUTES JANUARY 9, 1996 Items 9.a. through 9.k.~ with the recommended courses of action. a. November 28, 1995, City Council Minutes. Approved. b. December 12, 1995, City Council Minutes. Approved. c. December, 1995, Investment Report. Received and Filed. d. Register of Checks/Demands. Approved. e. Fourth Quarter, 1995, Sales Tax Revenue Report. Received and Filed. f. Rejection of Claim Against City; Robert J. Thompson. Claim Rejected. g. Request for Proposal (RFP); Audit Services. Approved. h. Completion of Improvements for Tract 2160; 305 Alder Street; Hunstad. Accepted and approved. i. Progress Payment No. 6 for Replacement of Water and Sewer Improvements in Mason, Poole, Whiteley Streets, and Related Pavement Rehabilitation; Project No. 60-70-95-01. Approved. j. Cooperative Agreement with the San Luis Obispo Council of Governments for the Purchase of a Computer and Software. Approved. k. Request from the Arroyo Grande Valley Little League to Construct a Batting Cage. Approved and Authorized. 9.1. "TEA" Grant Project Substitution. Mayor Dougall pulled Item 9.1. from the Consent Agenda for discussion. He'asked if this proposal of a TEA grant substitution to build a segment of the trail between Mason and Bridge streets along Arroyo Grande Creek is related to the Lopez School students' request to "adopt" a section of the Creek. The City Manager said that agreement with the School District would stand separate but compliment the TEA agreement. Mayor Dougall said he was concerned about vandalism and the amount of free time and latitude the Lopez students have. The Public Works Director said when the Creek improvements are made and the students are helping to cleanup of the creek, there should be less time for vandalism. 3 ,<.- CITY COUNCIL MINUTES JANUARY 9, 1996 It was moved by Souza/Lady (4-0-1, souza, Lady, Fuller, and Dougall voting aye, Brandy absent) to approve Resolution No. 3115 Approving an Application for Funds for the Transportation Enhancement Activities Program Under the Intermodal Surface Transportation Efficiency Act of 1991 for a Lopez Lake to the Sea Recreational Trail Link - Arroyo Grande village Area Segment Between Mason and Bridge Streets Along Arroyo Grande Creek. 10.A. CONTINUED BUSINESS - AUTHORIZATION TO PROCEED WITH FY 1995- 96 BUDGET ITEMS The City Manager said since the Santa Clara decision in late September the Council has taken numerous steps to act in a cautious and fiscally conservative manner. He said there is now a recognition that the Santa Clara decision does not specifically address the retroactivity of taxes imposed since 1986. He said that issue hopefully will be settled later by court or legislative action. He recommended in light of what is beginning to happen in Sacramento the Council authorize staff to pursue FY 1995-96 budgeted capital items, capital street improvement projects, and fill authorized positions commencing January 10, 1996. He also recommended the Council adopt a resolution supporting adoption of a validating act by the State Legislature in response to the State Supreme Court decision in Santa Clara County Local Transportation Authority v. Guardino. Council Member Lady said the City should move forward cautiously and staff should keep the Council informed. Mayor Pro Tem Souza was concerned about spending monies that will have to be paid back, and Mr. Hunt said the City has set up an escrow account to set money aside. The street projects were discussed, and Mr. Hunt said the engineering and specifications would be prepared, but before going out to bid the Council could look at the matter again. The City Attorney also said bids could be rejected if the Council wished. Council Member Fuller said the City is being cautious and should move forward. Mayor Dougall asked about prioritizing the capital lease purchases and the street projects. Mr. Hunt said it is recommended the capital improvement projects should be East Cherry first and then Grand Avenue. It was moved by Souza/Fuller (4-0-1, Souza, Fuller, Lady, and Dougall voting aye, Brandy absent) to authorize staff to pursue FY 1995-96 budgeted capital items, capital street improvement projects, and fill authorized positions commencing January 10, 1996. It was moved by Lady/Souza (4-0-1, Lady, Souza, Fuller, and Dougall voting aye, Brandy absent) to approve Resolution No. 3117 Supporting Introduction and Adoption of a Validating Act in 4 - CITY COUNCIL MINUTES JANUARY 9, 1996 Response to the State Supreme Court Decision in Santa Clara County Local Transportation Authority v. Guardino. 11.A. DRAINAGE IMPROVEMENTS FOR VIA LA BARRANCA The Public Works Director used the overhead projector and explained the problems at the Via La Barranca drainage basin. He said the basin overflows during high storm periods and even during low flow periods onto Via La Barranca. He said in summer months hydrogen sulfide gas forms from the decomposing vegetable matter causing odors to develop. Council members discussed various alternatives suggested by staff, including the costs, priority of the project, and time frames for doing the work. Members of the public, Ray and Lenore Lambert of 573 Via La Barranca, Neil Fleischon of 598 Via La Barranca, and Paula Schaffner of 176 Colina, spoke to the Council. Points made were: 1. Moving the basin away from the neighborhood because it is unsanitary and dangerous. 2. solving the odor problem but not creating another problem with aeration noise. 3. Paving the gravel road on the side of the basin so there will not be gravel on the street. 4. Finding a long-term solution to the problems at the drainage basin. Council Members agreed that the problems should be solved as soon as possible. After considerable discussion, it was moved by Lady/Souza, and the motion passed unanimously to direct staff to devise a plan to solve the odor problem, get rid of the water in the street, find a long-term solution, and report back to Council in two weeks. Mr. Wallace said staff would do some experimenting with various techniques to solve the problem during the two week period. 11. B. AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES The city Manager said the City is trying to make sure it is getting the actual revenues it should be receiving. He said through a sales tax audit the City may be able to gain between $12,000 and $63,000 annually. He said staff recommends adoption of a resolution authorizing access to sales and use tax records pursuant to revenue and taxation code section 7056; and entering 5 , CITY COUNCIL MINUTES JANUARY 9, 1996 into an agreement with Hinderliter, de Llamas & Associates to provide the City an audit of sales ta~ sources and proper reporting within the City, plus a series of monthly analysis reports. It was moved by Lady/Souza (4-0-1, Lady, Souza, Fuller, and Dougall voting aye, Brandy absent) to approve Resolution No. 3116 Authorizing Access to Sales and Use Tax Records Pursuant to Revenue and Taxation Code section 7056. It was moved by Lady/Souza, and the motion passed unanimously to enter into an agreement with Hinderliter, de Llamas & Associates to provide the City an audit of sales tax sources and proper reporting within the City, plus a series of monthly analysis reports. 11.C. LONG RANGE PLANNING REPORT The Community Development Director explained that the Long Range Planning Report purpose is to provide recommendations to the City Council on the direction of the City during the next five to ten years. She said the report identifies a number of issues ranging from land use to public safety, and provides a number of recommendations. Mayor Pro Tem Souza, chair of the Long Range Planning Committee, said staff and Department Directors spoke to the committee. He asked if there would be a public hearing on the matter, and Ms. Liberto-Blanck said it was not advertised as a public hearing. There was Council consensus that they would take a few weeks to read the report and the matter be placed on the City Council Agenda of February 27,1996. 12. WRITTEN CORRESPONDENCE None. 13. ORAL COMMUNICATIONS Mayor Dougall spoke about Assembly Bill 1341 in the State Legislature. He said the bill, which is about reforming the I annexation process, will go to committee on January 10. He asked the Council to support the bill. 14. ADJOURNMENT l,,,,. It was m d by Souza/Fuller, and the motion passed unanimously to djou n h meeting at 9:10 p.m. ~tZ.~ N CY A AVIS, CITY CLERK 6