Minutes 1996-06-11
.' 155
.......
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 11, 1996
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
The City Council met in regular session at 7:30 p.m., with Mayor A. K. .Pete" Dougall
presiding.
2. AND 2.A. FLAG SALUTE AND INVOCATION
Leading the Pledge of Allegiance to our Flag was Charles Howell, Post Commander,
Veterans of foreign Wars Post and Auxiliary 2829. The Rev. Jan Armstrong of Arroyo
Grande Presbyterian Church delivered the invocation.
3. ROLL CALL
Present with Mayor Dougall were Mayor Pro T em James Souza and Council Members
Drew Brandy, Michael Fuller, and Michael Lady. Staff members present were City
Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City Clerk Nancy Davis,
and Public Works Director John Wallace.
4. SPECIAL PRESENTATIONS
None.
5. AGENDA REVIEW
The City Manager said supplemental Information on Item 10.b. was distributed to
Council Members.
5A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y
It was moved by Lady/Souza 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.
6. PUBLIC HEARINGS
None.
7. PUBLIC COMMENT PERIOD
No one came forward to speak.
8. CONSENT AGENDA
It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Fuller, Lady, and Dougall
voting aye) to approve Consent Agenda Items 8.e. through 8.j., with the recommended
1
l~o
~
CITY COUNCIL MINUTES
JUNE 11, 1996
courses of action. [
8.e. Investment Report. Information.
8.f. Adoption of Ordinance No. 477 C.S. Adding Chapter 11 to Title 2 of the Arroyo
Grande Municipal Code, Providing for a Uniform Claims Presentation Procedure.
Ordinance Adopted.
8.g. James Way Restoration Project, Award of Bid. The bid was awarded to A. J.
Diani Construction Company in the amount of $69,792.14.
8.h. Approval of Parcel Map No 95-079; 1059 Maple Street; DeBlauw Construction Co.
Approved.
8.L Adoption of Resolution No. 3147 Supporting Assembly Bil/2342. Resolution
adopted.
8.j. Approval of Agreement to Store an Emergency Response Trailer at the
Corporation Yard; Salvation Army. Approved.
It was moved by Fuller/Brandy and the motion passed on a roll call vote to approve
Consent Agenda Items 8.a. through 8.c., with the recommended courses of action.
8.a. Minutes of City Council Meetings of May 28 and 29, 1996. Voting aye were
Fuller, Lady, Souza, and Dougall, Brandy abstained.
8.b. Minutes of Joint City Council Meeting of the City Councils of San Luis Obispo
County. Voting aye were Brandy, Fuller, and Dougall, Souza and Lady abstained.
8.c. Minutes of Joint City Council/Planning Commission Meeting of March 5, 1996.
Voting aye were Brandy, Fuller, Lady, and Dougall. Souza abstained.
It was moved by Lady/Fuller and the motion passed unanimously to approve Consent
Agenda Item 8.d., with the recommended course of action. r
8.d. Register of Checks/Demands. Approved. Staff was directed to report to the
Council on the rental of a "Kubota W/Mower" listed on Page 5 of Cash Disbursements.
'<'",
2
~-~----- -
~---".._.
~ 157
CITY COUNCIL MINUTES
JUNE 11, 1996
9. CONTINUED BUSINESS
None.
10. A. SAN LUIS OBISPO COUNTY VISITORS AND CONFERENCE BUREAU'S
REQUEST FOR A PORTION OF THE CITY'S TRANSIENT OCCUPANCY TAX
City Manager Hunt said a portion of the City's Transient Occupancy Tax is subject to
the California Supreme Court decision Santa Clara v. Guardino. He said for Fiscal
Year 1996-97, $92,000 will be escrowed until the Santa Clara decision has been
resolved. He said the Transient Occupancy Tax represents approximately 4.4 percent
of the City's General Fund. He said the 1996-97 Preliminary Budget had a General
Fund deficit and the Council balanced the budget by deferring, until Mid-Year, all
General Fund capital equipment replacement items. He recommended the Council
hold in abeyance the Visitors and Conference Bureau's request for a portion of the
City's Transient Occupancy Tax (TOT).
It was moved by Lady/Brandy and the motion passed unanimously to approve the City
Manager's recommendation.
10.B. CONSIDERATION OF AN EMERGENCY. WATER SUPPLY
Public Works Director Wallace said the Coastal Branch of the State Water Project is
currently under construction and will soon be connected to the Lopez System. He
said Arroyo Grande is not a subcontractor for State water, however, several other
agencies that are part of the Lopez system have subscribed to State water and
require a connection between .the State water pipeline and the Lopez pipeline that
distributes water to all of the Lopez contractors. He said staff has been working with
the County Engineering Department to investigate the possibility of upsizing this
connection between the two pipelines in order to provide an emergency water supply
to the City. He estimated that cost of the work would be from $25,000 to $100,000.
He requested that Council provide direction on the matter.
Supplemental information provided to the Council by City Attorney Carmel contained
information concerning the Emergency Water Supply Connection. Mr. Carmel said in
1990 Arroyo Grande voters voted yes on Measure A, which stated, "Shall an
affirmative vote of the voters of Arroyo Grande be required before the City of Arroyo
Grande is authorized to participate in the California State Water project.. Mr. Carmel
said it was his opinion that the proposed emergency water supply connection
constitutes "participation" and would require voter approval under Measure A.
Council Members abided by the, opinion of the City Attorney and took no action on the
3
158
.
CITY COUNCIL MINUTES
JUNE 11, 1996
enlargement of the pipeline connection for emergency water. [
10.A. REQUEST BY THE SAN LUIS OBISPO COUNTY VISITORS AND
CONFERENCE BUREAU CONTINUED
Jonni Biaggini, executive director of the Bureau, arrived at the meeting after Council
action had been taken on her agenda item. She requested to speak to the Council
and the request was granted.
She said the Bureau was asking from the City $7,820 (3.5 percent of the TOT
collected in 1994-95) for tourism promotion. Mayor Dougall reiterated the City's
position in the 1996-97 Fiscal Year. Ms. Biaggini said perhaps the Council could
consider the matter at Mid-Year.
11. WRITTEN COMMUNICATIONS
None.
12. ORAL COMMUNICATIONS
Mayor Dougall spoke about the Planned Development District Zoning Process, which
could be used as a tool for future development. There was Council consensus that
staff place the matter on the June 25th agenda for discussion.
13. ADJOURNMENT
It was moved by LadylFuller and the motion passed unanimously to adjourn the
meeting at : 1 0 p.m.
71 a.~
NAN~VIS, CITY CLERK
r,
4