Minutes 1996-04-09
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MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY, APRIL 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 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 Fuller. Council Member
Michael Lady was absent. Staff members present were City Manager
Robert L. Hunt and city Attorney Roger Lyon.
1. CLOSED SESSION:
(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Initiated pursuant to Government Code section 54956.9(c)
involving one potential case.
(b) PUBLIC EMPLOYMENT pursuant to Government Code Section
54957: Director of Building and Fire, Director of Public
Works, and City Attorney.
(c) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
Case name unspecified: Disclosure would jeopardize
existing settlement negotiations.
2. ADJOURNMENT: The Special Meeting was adjourned at 7:20 p.m.
to the Regular Council Meeting, April 9, 1996,
7:30 p.m., city Council Chambers
REGULAR MEETING OF THE CITY COUNCIL
1. C]4 T ,I. TO ORDER:
The City Council met in regular session at 7:30 p.m., with Mayor
Dougall presiding. The City Attorney said there was one
reportable action from the Closed Session. He said on item
1.(a.) the city Council approved on a 4 to 0 vote (Lady absent)
to an agreement with the Integrated Waste Management Authority
Assigning Causes of Action to the question of unpaid tipping fees
against the City of Paso Robles. He said there were no
reportable actions on items 1.(b) and 1.(C).
2. AND 3. FLAG SALUTE AND INVOCATION:
The Pledge of Allegiance to our Flag was led by Ramona Chapter
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CITY COUNCIL MEETING
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No. 97, Order of Eastern star. The Invocation was delivered by
Carl Barnes, Ward Mission Leader, Arroyo Grande Church of Jesus
Christ of Latter-day Saints.
4. ROLL CAT,J,
Present with Mayor Dougall were Mayor Pro Tem Souza and Council
Members Brandy and Fuller. Staff members present were City
Manager Hunt, City Attorney Lyon, City Clerk Nancy Davis,
Director of Building and Fire Kurt Latipow, Finance Director
David Bacon, Police Commander Bill Andrews, Chief of Police Rick
TerBorch, Parks and Recreation Director John Keisler, Public
Works Director John Wallace, and Community Development Director
Doreen Liberto-Blanck.
5. SPECIAL PRESENTATIONS
Mayor Dougall presented a letter of appreciation to Jacqui Ogborn
of the OES for leading the Flag Salute.
The Mayor introduced members of Boy Scout Troop 413 of Arroyo
Grande, who attended the meeting to earn a merit badge.
6. AGENDA REVIEW
City Manager Hunt said the applicants had requested a continuance
of Agenda Item 10.a., staff recommending the continuance to May
28, 1996. It was moved by Brandy/Fuller and passed (3-0-1-1,
Brandy, Fuller, and Dougall voting aye; Lady absent, and Souza
abstaining) .
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY
It was moved by Souza/Fuller and passed(4-0-1, Lady absent)
that all resolutions and ordinances presented at the meeting be
read in title only and all further reading be waived.
7 .A. PUBLIC HEARING - APPLICATION FOR CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY (TAXICAB SERVICE)
City Clerk Davis said Joseph E. Brady of Central Coast Taxi-Cab
Service had applied for a Certificate of Public Convenience and
Necessity to operate a taxicab service in Arroyo Grande. She
said if the Council approved Mr. Brady's application, he will be
required to supply the City with an inspection record for the
taxicabs and evidence of the required insurance as well as obtain
taxi driver permits from the City for all drivers prior to the
issuance of the Certificate.
After being assured that all legal requirements had been met and
the hearing duly noticed, Mayor Dougall opened the hearing to the
floor.
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CITY COUNCIL MEETING
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Mr. Brady spoke to the Council saying he would have sufficient
taxicabs in the Five cities area to keep waiting time at a
minimum.
When no one else came forward to speak, the Mayor closed the
hearing to the floor.
It was moved by Fuller/Brandy and passed (4-0-1, Lady absent) to
adopt Resolution No. 3132 Granting a Certificate of Public
Convenience and Necessity to Central Coast Taxi-Cab Services for
the Operation of a Taxicab Service within the City Limits,
contingent Upon Full and Total Compliance with All Conditions and
Requirements of Title 5, Chapter 10 "Taxicabs" of the Arroyo
Grande Municipal Code.
7 . B. PUBLIC HEARING - AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE
ADOPTING BY REFERENCE THE UNIFORM FIRE CODE WITH AMENDMENTS
REGULATING THE SA'{,R AND USE OF ftSAFE AND SANE FIREWORKSft AND
ADOPTING RESOLUTIONS FOR A NEGATIVE DECLARATION AND A SCHEDULE OF
FEES FOR 1996
Director of Building and Fire Latipow said at the January 23,
1996 meeting, Council directed staff to develop an ordinance
that, if approved, would allow the sale and discharge of Safe and
Sane Fireworks. He said because the current fireworks
regulations are part of the City-adopted 1988 Uniform Fire Code,
and the City is due to adopt the 1994 Uniform Fire Code (most
recent edition), staff has prepared the necessary documents to
update the Code including the proposed amendment to Article 78
(Fireworks). He said because of the 100 percent cost recovery of
impacts related to amendment of Article 78 (Fireworks) there
would be no fiscal impact on the General Fund
After being assured that all legal requirements had been met and
the public hearing duly noticed, Mayor Dougall opened the hearing
to the floor.
Camay Arad, 534 Allen Street; Maryanne Feller, 221 Tally Ho Road;
Reynolds Ritchie, 571 South Traffic Way: Heather Jensen, 569 May
Street, spoke against the Council allowing Safe and Sane
Fireworks to be sold in the City.
Speaking in favor were Peter Macy, 344 Tally Ho Road; Jan
Armstrong, 629 Garfield Place; Gloria Bowles; Carl Woodard; John
Kelly, Santa Fe Springs; Dennis Revel, president of Revel
Communications; Jay Weintrab, 193 Deer Trail; Jim Dorsey, 579
Gularte Road; Nancy Macy, 344 Tally Ho Road, and Lisa Andrews,
Oceano.
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CITY COUNCIL MEETING
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When no one further came forward to speak, Mayor Dougall closed
the hearing to the floor.
It was moved by Brandy/Souza and passed(4-0-1, Lady absent) to
adopt Resolution No. 3133 Establishing Fees and Conditions for
the Granting of Permits for the Sale of Safe and Sane Fireworks.
Council Member Brandy requested the ordinance be amended to say
minors, less than 18 years of age, cannot be in possession of
Safe and Sane Fireworks unless under the immediate supervision of
an adult.
City Manager Hunt said staff would return with a separate
ordinance on the possession issue.
It was moved by Fuller/Brandy and passed (4-0-1, Lady absent) to
adopt Ordinance No. 472 C.S. Adopting by Reference the 1994
Edition of the Uniform Fire Code with Additions, Deletions, and
Amendments.
It was moved by Souza/Brandy and passed (4-0-1, Lady absent) to
adopt Resolution No. 3134 Adopting a Negative Declaration with a
Mitigation Measure and Instructing the City Clerk to File a
Notice of Determination for Adoption of the 1994 Uniform Fire
Code Inclusive of Fireworks-/Related Amendments.
Council Member Brandy requested the City undertake an amnesty
program on illegal fireworks. The City Manager said if such a
program was presented to the City, staff would study
implementation measures. Mr. Revel said his company would
prepare an amnesty program proposal for the City.
8. PUBLIC COMMENT PERIOD:
Harry Canby of Canby's Back Country Barbecue commented on the
Conditional Use Permit process he would have to go through to
sell barbecue in JJ's Food Market Parking Lot. Mayor Dougall
asked Mr. Canby to work with staff on the matter and, if that was
not satisfactory, it could be placed on a future Council agenda.
Joe Costello, 1088 Robin Circle, and Rick Totah, 812 Robin
Circle, spoke about negative impacts the Los Robles Del Mar
project in pismo Beach would have on Arroyo Grande. They asked
for Council action on the matter. The Council directed staff to
prepare a staff report for April 23, 1996.
9. CONSENT AGENDA:
It was moved by Brandy/Fuller and passed on a roll call vote (4-
0-1, Lady absent) to approve Consent Agenda Items 9.a. through
9.g. and 9.i. through 9.0., with the recommended courses of
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CITY COUNCIL MEETING
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action.
9.a. Minutes of City Council Meeting of February 13, 1996.
Approved.
9.b. Register of Checks/Demands. Approved.
9.c. statement of Investment Deposits. Received and filed.
9.d. Authorize Purchase of Computer Equipment - 1995-96 FY
Budget. Approved.
9.e. Purchase of Budgeted Items - Computer Equipment for Police
Department. Approved.
9.f. Recommendation to Award 126" Lawn Mower Bid to Bob Hicks
Turf Equipment Company, Inc. Approved.
9.g. Recommendation to Award Copy Machine Bid to Taylor Made
Office Systems, Inc. and Reject the Bid for the Yearly
Maintenance Agreement. Approved.
9.i. Amendment to Title 6 of the Municipal Code Establishing
Regulations for Solid Waste Disposal. The Council adopted
Resolution No. 3136 Adopting a Negative Declaration and
Instructing the City Clerk to File a Notice of Determination for
Repeal of Chapter 4 of Title 6 of the Municipal Code and Adopting
a New Chapter 4.
9.j. Long-Range Planning Report. Received and filed.
9.k. Award of Bid for Two 3/4 Ton Pickup Trucks. Approved.
9.1. Field Appraisal of City Assets. Staff authorized to request
proposals to appraise City assets.
9.m. Fee-Exempt Business License, Farmer. Approved.
9.n. Contract with Crawford, Multari & Starr to Prepare an
Annexation study for James Annexation. City Manager authorized
to enter into a standard contract.
9.0. Permission to Begin Rough Grading prior to Recordation of
the Final Map - Tract 1834. Approved.
9.h. Authorization to Close City Streets and Use City Sites for
Strawberry Festival. Bill Tappan, 1525 Chilton Street, said the
Strawberry Festival negatively affects some businesses in the
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CITY COUNCIL AGENDA
APRIL 9, 1996
Village. He asked the Council to consider asking the village
Association to change the days of the festival to Sunday and
Monday.
It was moved by Souza/Fuller and passed on a roll call vote (4-0-
1, Lady absent) to adopt Resolution No. 3135 Requesting
Authorization to Close City streets for the 1996 Annual
Strawberry Festival.
10.A. MAINTENANCE OF GREEN BELT - TRACT 1158
At the request of the applicants, this agenda item was continued.
11.A. WAIVER. OF FEES. ARROYO va.r,T,gy CAR CLUB
Police Chief TerBorch recommended the Council consider a request
from the Arroyo Valley Car Club to waive fees for police services
for the Custom Car Show Saturday, July 27, 1996. Chief TerBorch
said since 1991, the City Council has waived the Auxiliary Police
Services fee for the car show. He said this has been done on the
basis that the Arroyo Valley Car Club is a community-based non-
profit organization which places the majority of the funds it
raises through the car show back into the community through
donations to other non-profit organizations. He said many
donations are to youth-oriented groups. He said the event is
budgeted in the Police Department's Overtime Budget and has not
been included in the Department's Cost Recovery Program.
It was moved by Souza/Fuller and passed (4-0-1, Lady absent) to
waive the pOlice services fees for the Arroyo Valley Car Club.
11. B. FIRST AMENDMENT TO GARBAGE FRANCHISE AGREEMENT
City Manager Hunt recommended Council approval of the First
Amendment to the franchise agreement with South County Sanitary
Service. He said with Council approval of the amendment, the
cities of Arroyo Grande, Grover Beach, and Pismo Beach will begin
negotiations with the Sanitary Service on a new franchise
agreement. He said the Councils of the three respective cities
have appointed Council Members (Council Member Mike Fuller for
Arroyo Grande) to serve as a subcommittee to meet with the
Sanitary Service.
It was moved by Brandy/Fuller and passed (4-0-1, Lady absent) to
approve the City Manager's recommendation.
11.C. INCREASE IN FEES CHARGED TO OUTSIDE PUBLIC AGENCIES FOR
WORK DONE BY ARROYO GRANDE PUBLIC WORKS DEPARTMENT
Public Works Director Wallace recommended the Public Works
Department Field Services Schedule be approved. He said services
provided to other agencies in accordance with the fee schedule,
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CITY COUNCIL MEETING
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generate approximately $5,000 in income each year to the City.
He said the charges also include the City's indirect cost set
forth in the recently adopted Cost Allocation Plan. I
It was moved by Souza/Fuller and passed on a roll call vote (4-0- 1
1, Lady absent) to adopt Resolution No. 3137 Increasing and
Establishing Specified Fees for Public Works Field Services.
12.. WRITTEN CQJIJU}lICATIOHS
None. -
13. ORAL CO~CATIONS
Mayor Dougall congtatulated Director of Building and Fire Latipow
on his new position wi~h the City of HQspe~ia.
14. ADJOORNlpmT
It was moved and passed by Souza/Brandy (4-0-1, Lady absent} to
adjourn the meeting at 9:45 p.m.
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NANCY ~s t CITY CLERK
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