Minutes 1996-05-28
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MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY HAY 28, 1996
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA r
SPECIAL MEETING OF THE CITY COUNCIL
The City Council of the City of Arroyo Grande met in special
Session at 7 :00 p.m., with Mayor A. K. npete" Dougall presiding.
Present with Mayor Dougall were Mayor Pro Tem James Souza and
Council Members Michael Fuller, and Michael Lady. Council Member
Drew Brandy was absent. Staff members present were City Manager
Robert L. Hunt, City Attorney Tim Carmel, and Chief of Police
Rick TerBorch.
1. CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Pursuance to Government Code Section 54956.9(a)
Gilliam vs. Campbell. City of Arroyo Grande. et al.
United States District Court, Central District of
California, Case No. 96-2993 RMT.
2. ADJOURNMENT
The Special Meeting was adjourned at 7:20 p.m. to the Regular
Council Meeting, May 28, 1996, 7:30 p.m., City Council Chambers.
REGULAR MEETING OF THE CITY COOlfCIL
1. C~T,r. TO ORDER
The City Council met in regular session at 7:30 p.m., with Mayor
Dougall presiding.
Mayor Dougall said there were no reportable actions taken in the
Closed Session of the Special Meeting.
2. AND 3. FLAG SALUTE AND INVOCATION'
David Cantua, Grand Knight, and Joseph Manion of the Arroyo
Grande Knights of Columbus, Council 1375, led the Pledge of
Allegiance to our Flag and the Rev. Robert Banker of Oceano Open
Door Church delivered the invocation. r
4. ROT,T. ~~T.T,
Present with Mayor Dougall were Mayor Pro Tem Souza and Council l
Members Fuller and Lady. Council Member Brandy was absent. l.~
Staff members present were City Manager Hunt, City Attorney
Carmel, City Clerk Nancy Davis, Chief of Police TerBorch,
Associate Planner Scott Spierling, Public Works Director John
Wallace, and Finance Director David Bacon.
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CITY COUNCIL MINUTES
MAY 28, 1996
5. SPECIAL PRESENTATIONS
The representatives of the Knights of Columbus told about the
charitable activities of their organization.
6. AGENDA REVIEW
City Manager Hunt said there were no changes to the agenda.
6A. RESOLUTIDNS AND ORDINANCES. READ IN TITLE ONLY
It was moved by Souza/Lady and the motion passed unanimously that
all resolutions and ordinances presented at the meeting be read
in title only and all further reading be waived. :.
7.A. PUBLIC HEARING - CONSIDERATION OF AN APPLICATION FOR AN
ECONOMIC DEVELOPMENT PLANNING ACTIVITY TO THE STATE OF CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY D~PMENT 1996 COMMUNITY
DEVELOPMENT BLOCK GRANT }?R~AM
Associate Planner Spierling said the grant application was for
economic planning and requested $35,000 instate CDBG funds to
conduct a "Business Development Marketing strategy." He.
recommended the Council adopt a resolution authorizing the City
to apply for the funds. He said the resolution also commits
$5,250 in local matching funds.
It was moved by FullerjLady (4-0-1, Fuller, Lady, Souza, and
Dougall voting aye and Brandy absent) to adopt Resolution No.
3143 Approving an Application for Funding for a Business
Development Marketing Strategy and the Execution of a Grant
Agreement from the Planning/Technical Assistance Allocation of
the State CDBG Program.
8. PUBLIC COMMENT PERIOD
No one came forward to speak.
9. CONSENT AGENDA
It was moved by Lady/Fuller (4-0-1, Lady, Fuller, Souza, and
Dougall voting aye, Brandy absent) to approve Consent Agenda
Items 9.c. through 9.j., with the recommended courses of action.
9.c. Register of Checks/ Demands. Approved.
9.d. Adoption of Ordinance No. 475 C.S. Amending Title 4, Chapter
2 of the Arroyo Grande Municipal Code Prohibiting the Possession
and Discharge of Safe and Sane Fireworks by Persons Under
Eighteen (18) Years of Age. Ordinance Adopted.
9.e. Adoption of Ordinance No. 476 C.S. Adding Chapter 21 to
Title 5 of the Municipal Code Establishing Acceptable Noise
Standards. Ordinance Adopted.
9.f. Liability Claai David Blanco. Claim Rejected.
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CITY COUNCIL MINUTES
MAY 28, 1996
9.g. Award of Bid for City Asset Field Appraisal Services. Bid
Awarded to Valuation Resource Management, Inc.
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9.h. Revised 1996-97 Appropriation Limit. Resolution No. 3144 I
Revising A Tax Proceeds Expenditure Appropriation Limit for
Fiscal Year 1996-1997. i
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9.i. Authorization to Solicit Bids; Via La Barranca storm Drain
Project. Authorization Approved.
9.j. Authorization to Purchase Budgeted Items- Printing - -
Equipment (1) Reproduction Camera; (2) Platemaker; (3) Paper
Cutter. Authorization Approved~
It was moved by Souza/Lady and the motion passed to approve
Consent Agenda Item 9.a. The Minutes of Council Meetings of
April 23 and May 14, 1996 were approved. Council Member Fuller
abstained from voting on the May 14, 1996 Minutes.
Item 9.b., Minutes of a Special Joint City Council Meeting of the
City' councils of San Luis Obispo County, will be brought back to
the June 11,,1996, Council Meeting. Council Member Lady and
Mayor Pro Tem Souza abstained from the vot~ng, thus creating a
non-quorum.
10.A. AWARD OF AUDIT SERVICES CONTRAcr
City Manager Hurit said at the May 14, 1996 City Council meeting
staff recommended the Council authorize the City Manager to hire
the firm of Terry Krieg, CPA for financial auditing services. He
said the Council voiced ~ts concerns with both the cost of Mr.
Krieg's services and the three-year services contract. He said
Mr. Krieg was not willing to renegotiate cost and have a one-year
agreement. Mr. Hunt recommended the City Council authorize him
to enter into a one-year agreement, with two one-year extensions
based upon satisfactory performance, with the firm of Vavrinek,
Trine, Day (VTD), and Co. He said VTD agreed to the first year
cost of $11,140, even though his bid for the contract was based
on three cities using his services.
It was moved by Lady/Fuller and the motion passed unanimously to (
enter into a contract with VTD, as recommended by the City
Manager.
10. B. MAINTENANCE OF GPF.F.N'RELT: TRACT 1J.58: OAK PARK HOIlEOWNERS
ASSOCIATION
Mayor Pro Tem Souza said he may have a conflict of interest in
this matter and left the dais.
Chief of police TerBorch said the proposed Amendment to the Oak
Park Villas Declaration of Covenants, Condition~, and
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CITY COUNCIL MINUTES
MAY 28" 1996
Restrictions (CC&R's) require each lot owner to pay the flat sum
of $60 per year to the City to perform the landscape strip
maintenance obligations. He said currently, $60 per lot per year
would be sufficient to pay for. the annual maintenance at no
additional cost to the City and could even provide a surplus or
reserve. He said however, in the long term, the City may be
forced to pay any deficit out of the General Fund.
Chief TerBorch presented three alternatives for Council action:
( 1 ) Approve the proposed amendment, ..,
( 2 ) Reject the proposed amendment and continue negotiations with
the tract Home Owners Association, or
(3) Reject the proposed amendment and ceas~ n~gotiations (HOA
would continue to maintain landscape strip).
It was moved by FUller/Lady and the motion was passed (3-1-1,
Fuller, Lady, and Dougall voting aye, Brandy absent, Souza
abstaining) to approve Alternative No. 1, whereby the City would
maintain the greenbelt; the home owners would pay $60 per lot per
year to the City, and the home owners would turn over its reserve
funds of $5,700 to the City.
Mayor Pro Tem Souza returned to the dais.
11.A. UNDERGROUNDING UTILITY DISTRICTS PRIORITY LIST
Public Works Director Wallace said the underground utility
conversion program provides the City with an annual allocation of
funds derived from a Statewide allocation of monies collected
from PG&E for the purpose of undergrounding overhead utility
lines. He said in past years, the City undergrounded the Village
~rea of Arroyo Grande. He said staff recommended the Council
adopt a resolution setting priorities for future projects along
two main routes: Grand Avenue from the freeway to the City limits
of Grover Beach and Halcyon Road from Grand Avenue to its
intersection with Fair Oaks Avenue. He said supplemental funding
for the project might be accomplished through assessment district
proceedings.
It was moved by Souza/Fuller and the motion passed (4-0-1, Souza,
Fuller, Lady, and Dougall voting aye, Brandy absent) to approve
Resolution No. 3145 Establishing a Priority List for Underground
Utility Projects as amended to read, liThe streetS having priority.
to be undergrounded are Grand Avenue from Highway 101 westerly to
the city limits of Grover Beach and Halcyon Road southerly from
Grand Avenue to Fair Oaks Avenue."
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CITY COUNCIL MINUTES
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11. B. CITY OF PISKO BEACH REOUEST FOR AN INFORMATIONAL MF.F.TING TO
DISCUSS THE CONCEPT OF A JOINT POWERS AUTHORITY FOR FIRE SERVICES r
city Manager Hunt said the City received a letter on May 8, 1996
from Mayor Paul Bailey, City of Pismo Beach, expressing an
interest in the concept of forming a Joint Powers Authority for
fire department services. Mr. Hunt said Mayor Bailey indicated
in his letter that an informational meeting would be scheduled in
late Mayor early June depending upon the interest from the
County, the City of Grover Beach, and the Oceano Community
Services District. Mr. Hunt said the County was willing to
attend the meeting, Grover Beach declined to participate, an~ the
OCD took no action on the request.
Council Members directed staff to provide information and data to
the City of Pismo Beach. There was Council consensus not to
consider attending JPA meetings until after the July 9, 1996 City
Council recall election in Pismo.Beach.
12. CITY COUHCIL REPORTS
(a) (1) South San Luis Obispo County Sanitation District (SSLOCSD)
Mayor Dougall said the City of Grover Beach will soon be
annexed into the district, but that discussion of Pismo Beach's
involvemen~ in the district would wait until after July 9, 1996.
(a)(2) Local Agency Formation Commission (LAFCO)
Mayor Dougall said the annexation of Grover Beach into the
SSLOCSD was approved at the recent meeting.
(b)(l) Long-Range Plan Update Committee
Mayor ProTem So~za said at the April meeting of the
commi ttee, members heard a report on long- and short-range
traffic improvements in the Village from Omni-Means, Inc.,
consultants to the City.
(b)(2) Chamber of Commerce Economic Development Committee
Mayor Pro Tem Souza said a business license survey is being
compiled and an economic development town hall meeting will be
held June 5, 1996, from 7:00 to 9:00 p.m., at the South County
Regional Center.
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(b)(3)' Coordinated Agriculture Support Program (CASP) I
Mayor Pro Tem Souza said the. CASP study would be completed
June 5, 1996.
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(c) (1) Zone 3 Water Advisory Committee '-..._-
There was Council consensus that Council Member Brandy would
give his report at the June 6, 1996 City Council meeting.
(d) (1) South County Area Transit (SCAT)
Council Member Lady said a bus rehabilitation program was
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CITY COUNCIL M~NUTES
MAY 28, 1996
approved, the budget was discussed, and a summer youth program
will be advertised.
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(d)(2) San Luis Obispo Council of Governments (SLOCOG)
Council Member Lady said staff salaries were discussed, a
director's report was given, the allocation for the Grover Beach
Train station was discussed, and the twin bridges in Morro Bay
will be rebuilt.
(d)(3) San Luis Obispo Regional Transit Authority (SLORTA)
Council Member Lady said the meeting covered a Ride-On .
report saying ridership had increased two percent; a dh'cus!=>ion
on the Internet progress in the county; testimony on the
transportation of Nuclear waste in the County; unmet
transportation needs on the Cambria coast route; co-sponsorship
of two buses for the Strawberry Festival; television commercials
on ridership, and the increase of Rid~-On ridership by kidney
dialysis patients.
(e)(l) Integrated Waste Management Authority Board (IWMA)
Council Member Fuller said thera would be a 40 cent per ton
siting surcharge at the landfill; new IWMA officers were elected
and Grover Beach Mayor Gene Gates was elected chair, and the
involvement of the City of Paso Robles still is being negotiated.
(e)(2) Air Pollution Control Board (APCD)
Council Member Fuller said the board's firstme~ting on the
budget was held and there were minor cuts in spending.
13. WRITTEN COMMUNICATIONS
None.
14. ORAL COMMUNICATIONS
Mayor Dougall said John Clark should receive congratulations for
his work on the Strawberry Festival. The Mayor said monies from
the festival go back into the community.
15. ADJO~
It was moved by Lady/Souza and the motion passed unanimously to
adjourn the meeting at 8:43 p.m. to Wednesday, May 29, 1996, 6:30
p.m., Joint City Council/Planning Commission Redevelopment
Workshop
ATTEST: '1l~a.~
NANCY A. VIS, CITY CLERK
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