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Minutes 1996-09-24 , t 207 -. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 24, 1996 COUNCIL CHAMBERS, 215 EAST BRANCH STREET '"', ARROYO GRANDE, CALIFORNIA I J 1. CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A. K. "Pete" Dougall presiding. 2..AND 3. FLAG SALUTE AND INVOCATION Bill O'Connor of the Exchange Club of the Central Coast led the Pledge of Allegiance and the Rev. Franklin Scott, parish minister of First United Methodist Church of Arroyo Grande delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tern James Souza and Council Members Michael Lady and Michael Fuller.. Council Member Drew Brandy was absent. Staff members present were City Manager Robert L. Hunt, Assistant City Attorney Tim Carmel, City Clerk Nancy Davis, Community Development Director Doreen Liberto- Blanck, Chief of Police Rick TerBorch, Public Works Director John Wallace, and Parks and Recreation Director John Keisler. 5. SPECIAL PRESENTATIONS (a) Honorary Resolution to Sheriff's Search and Rescue Team, California Highway Patrol, and Arroyo Grande Police Department - Accepted by members of law enforcement including Arroyo Grande Police Officer Joseph lanneo. (b) Honorary Proclamation - Crime Prevention Month - Accepted by Police Officer Sherri Heath and Chief TerBorch. (c) Mr. O'Connor told the Council about activities of the Central Coast Exchange Club. 6. AGENDA REVIEW City Manager Hunt said there was a revision to the Resolution in Agenda Item 11.d. J 6.A. 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. 1 - 208 - REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1996 7.A. VARIANCE CASE NO. 96..198: PLANNED SIGN PROGRAM CASE NO. 96-121; LOCATED IN RANCHO GRANDE PLANNED DEVELOPMENT: APPLIED FOR BY OTTSE. INC. [ Community Development Director Liberto-Blanck said the Planning Commission did not provide a recommendation on Variance Case No. 96-198 and Planned Sign Program Case No. 96-121, due to a 3: l' vote (bylaws require four affirmative votes)~ She said the Staff Advisory Committee and the Architectural Advisory Committee recommended approval of the variance case and the planned sign program case, subject to the conditions of approval contained in the two City Council resolutions. Ms. Liberto-Blanck said on June 27, 1995, the City Council approved a Planned Sign Program and Variance for Tracts 1834,1994, and 1997 of the Rancho Grande Planned Development. She said the applicant is requesting to amend the existing Planned Sign Program in order to provide advertising for Tract 1834, known as BThe Highlands." 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 matter. Speaking to the Council on the matter were Will Schaefle of 374 Via Bandolero and Kelly Shetler, a representative of Ottse, Inc. It was moved by Fuller/Lady (4-0-1, Fuller, ~ady, Souza, and Dougall voting aye, Brandy qp'~ent) ~~ adopt Resolution No. 3174 Approving Variance Case No. 96-198, Applied for by Ottse, Jnc, It was moved by Fuller/Souza (4-0-1, Fuller, Souza, Lady, and Dougall voting aye, Brandy absent) to adopt Resolution No. 3175 Approving' Planned Sign Program Case No. 96-121, Applied for by OUse, Inc. 7.B. PUBLIC HEARING CONCERNING USE OF AB 3229 FUNDS (COPS) Chief TerBorch said staff recommended the Council conduct a public hearing regarding the expenditure of approximately $38,000 appropriated by the State for law enforcement services per AB 3229, known as the Citizens Option for Public Safety (COPS). He said it is further recommended that the Council make any necessary l modifications to these requests and approve the recommended expenditure. 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 matter. When no one came forward to speak, the 2 ----_._-_..~- - 209 REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1996 Mayor closed the hearing to the floor. l It was moved by Lady/Fuller, and the motion passed unanimously to approve the staff recommended expenditures, as follows: 1. Automated Digital Photo System - $31,200.00 2. "The Wrap. Immobilization System - $600 3. ComputerNideo Multimedia Projector - $4,800.00 4. DARE Booth Cover/Shelter - $1,400.00 7.C. APPEAL OF PLANNING COMMISSION RESOLUTION NO. 95--1579 PROVIDING AN INTERPRETATION REGARDING FLOOR AREA RATIO STANDARDS: LARRY GIN: 543 SOUTH ELM STREET Community Development Director Liberto-Blanck recommended the Council continue this item to the meeting of October 8, 1996, so additional notification of the hearing can be given. It was moved by Fuller/Lady, and the motion passed unanimously to continue the hearing to October 8, 1996. 8. PUBLIC COMMENT PERIOD Mr. Schaaf/s commented on the Honorary Resolution presented to the law enforcement agencies at this meeting and the agenda item on highway call boxes at the last Council meeting. John Clark of the Village Improvement Association said his organization wanted to put holiday lights on the tree in front of the Public Works Department and asked the City to pay for the eJectricity for the lighting. Nancy Harkenrider, owner of Bridge Street House, said she was happy to leam that the replacement of pavement, water, and sewer project involving Nelson, Bridge, and Short streets would be postponed until early 1997. J 9. CONSENT AGENDA It was moved by Souza/Fuller (4-0-1, Souza, Fuller, Lady, and Dougall voting aye, Brandy absent) to approve the Consent Agenda items 9.a. through 9.h., with the recommended courses of action. 3 ___".d__________ - 210 - REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1996 9.a. Register of Checks. Approved. 9.b. Adoption of a Resolution Authorizing the Temporary Closure of Via Vaquero r Between Via Bandolero and Avenida de Diamante on October 6, 1996 for a Block Party. Resolution No. 3176 was adopted. 9.c. Authorization to Solicit Bids for the Purchase of a 2- Ton Roller. Approved, ,.. 9.d. Authorization to Solicit Bids for Purchase and Installation of Opticon Devices for Three Locations. Approved. 9.e. Approval of Third Supplemental Trust Agreement in Connection with Arroyo Grande Hospital's (Vista Hospital Systems) Refinancing of its Certificates of Participation. Approved. 9.1. Parcel Map AG 96-039, 540 East Branch Street (Anthony Toste). Staff recommendations were approved. 9.g. Final Tract Map Approval; Tract 1834, Phase II; Rancho Grande; Darren Shetler (OUse, Inc.). Staff recommendations were approved. 9.h. Payment Qf Water System Fees, Department of Health Services, Fiscal Year 1995-96. Approved. 10. A. AWARD OF THE HILLCREST - RANCHO GRANDE PRESSURE ZONE CONNECTION PROJECT NO. 60~96~6 Public Works Director Wallace said staff recommended the Council: 1. Award the Hillcrest-Rancho Grande Pressure Zone Connection Project construction contract to Dechance Construction for a total contract amount of $149,466.00; 2. Authorize a contingency of $22,419.90 (15%) for use only if needed for unanticipated costs (Le., change in field conditions) during the construction phase of the project. (Total project construction cost+$149,466.00+$22,419.90=$171,885.90); 3. Direct staff to issue the Notice of Award and Notice to Proceed with other l documents necessary to execute the contract in accordance with the contract documents. Mr. Wallace said the project will connect the Hillcrest area to a higher pressure zone (Rancho Grande), thus eliminating the need for booster pumps presently located at 4 ~ - 211 REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1996 the Hillcrest Tank. l Speaking to the Council on this matter were John Keen, 298 North Elm Street, and Bill Tappan, 1525 Chmon Avenue. It was moved by LadylFuller, and the motion passed unanimously to approve the three staff recommendations. 10.B. APPROVAL OF AGREEMENT WITH RALPH ANDERSEN AND ASSOCIATES FOR A CLASSIFICATION AND COMPENSATION STUDY City Manager Hunt said staff recommended the Council: 1. Authorize an appropriation of $4,000 from the Water Fund (Fund 40); 2. Authorize an appropriation of $6,750 from the Sewer Fund (Fund 12); and 3. Authorize staff to enter into an agreement, prepared by the City Attorney, with Ralph Andersen and Associates for a Classification and Compensation Study. Mr. Hunt said as part of the most recent negotiations with SEIU, it was mutually agreed in the current Memorandum of Understanding that, subject to the appropriation of funds, the City will proceed with a Classification and Compensation Study. It was moved by Souza/Fuller, and the motion passed unanimously to approve staff's three recommendations. 11.A. WAIVER OF FEES: HARVEST BAG. INC. Parks and Recreation Director Keisler said it was staff's recommendation that the City Council approve a 50% reduction in the $250.00 fee for renting the Community Center for the Harvest .Bag Inc. Craft Fair to be held on October 5, 1996. He said Harvest Bag met four out of seven conditions listed on the Fee Waiver or Reduction Criteria form, but consideration should be given to the numerous local organizations supported by Harvest Bag, including the City Parks and Recreation J Department. It was moved by Souza/Fuller, and the motion passed to waive the entire fee of $250.00 for the Harvest Bag Inc. Craft Fair on October 5, 1996. 5 I -- 212 - REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1996 11.8. LOPEZ HIGH SCHOOL REQUEST TO USE THE NELSON STREET OPEN SPACE AREA Mr. Keisler said the Parks and Recreation Commission recommended the Council r approve the request of Lopez High School to utilize the Nelson Street open space area for a trial period of two months, through November 22nd, for scheduled physical education activities. Speaking to the Council on the request to use the open space were Sidney Richison, Lopez High School principal; Warren Flick, a student at Lopez High; Nancy Underwood, 142 Short Street, a neighbor of the open space area; Colleen Martin, 855 Olive Street, and John Usilton, a teacher at Lopez High. It was moved by Fuller/Souza, and the motion passed unanimously to approve the Parks and Recreation Commission recommendation for a two-month trial use of the area; to direct the Commission to decide whether or not to allow continued use of the area, and to give the City Manager the authority to revoke the use if there are significant complaints. 11.C. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH A UTILITY BILLING ADJUSTMENTS COMMITIEE City Manager Hunt said staff recommended the City Council adopt a resolution authorizing the City Manager to establish a Utility Billing Adjustments Committee. He said situations do arise where adjustments to billings, other than for mechanical or clerical errors, may be appropriate, as well as some level of appeal by customers of payment extension decisions made by the Finance Department. He said it is recommended an Adjustments Committee be established with the authority to resolve billing concerns. He said if the complaint involves an amount less than $25, the Finance Director would make the decision. It was moved by Souza/Lady (4-0-1, Souza, Lady, Fuller, and Dougall voting aye, Brandy absent) to adopt Resolution No. 3178 Authorizing the City Manager to Establish a Utility Billing Adjustments Committee. 11.D. ADOPTION OF A RESOLUTION DESIGNATING A REDEVELOPMENJ SURVEY AREA IN CONNECTION WITH THE PREPARATION OF THE ARROYO GRANDE REDEVELOPMENT PROJECT AND DIRECTING THE PLANNING I COMMISSION TO FORMULATE A PRELIMINARY PLAN FOR THE l REDEVELOPMENT OF THE PROJECT AREA City Manager Hunt said staff recommended the Council: 1. Adopt a resolution designating the redevelopment survey area as shown on Exhibit 6 " - 213 REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1996 "An; and l 2. Direct the Planning Commission to formulate a preliminary redevelopment plan for consideration and' approval by the Agency. Mr. Hunt said the first formal redevelopment action to be taken by the City Council is designation of a redevelopment Survey Area. He said the survey area designation is important because the final project area must be within the limits of the survey area. It was moved by Souza/Fuller (4-0-1, Souza, Fuller, Lady, and Dougall voting aye, Brandy absent) to adopt revised Resolution No. 3179 Designating a Redevelopment Survey Area in Connection with the Preparation of the Arroyo Grande Redevelopment Project and Directing the Planning Commission to Formulate a Preliminary Plan for the Redevelopment of the Project Area. 11.E. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF mLE 2 AND mLE 10 OF THE ARROYO GRANDE MUNICIPAL CODE City Manager Hunt said staff recommended the Council introduce for first reading an Ordinance entitled n An Ordinance of the City of Arroyo Grande Amending Portions of Title 2 and Title 10 of the Arroyo Grande Municipal Code. He said the proposed Ordinance attempts to nelean up. ambiguities in the Municipal Code regarding the City Manager's appointment and dismissal authority and further implements the nCouncil/Manager. form of government adopted by the City Council in the Mid-1980s. He said adoption of the proposed Ordinance will vest in the City Manager authority to appoint and dismiss all appointive officers and employees except the City Attorney and Assistant City Attorney (the City Clerk and City Treasurer are elective officers unaffected by the proposed Ordinance). It was moved by Lady/Souza (4-0-1, Lady, Souza, Fuller, and Dougall voting aye, Brandy absent) to introduce for a first reading an Ordinance Amending Portions of Title 2 and Title 10 of the Arroyo Grande Municipal Code. 12. CITY COUNCIL REPORTS J (a) Mayor Dougall reported on activities of the South San Luis Obispo County Sanitation District. (b) Mayor Pro Tern Souza - No report. (c) Council Member Drew Brandy - Absent 7 214 -, REGULAR CITY COUNCIL MEETING SEPTEMBER 24, 1996 (d) Council Member Lady reported on activities of San Luis Obispo Council of Governments and San Luis Obispo Regional Transit Authority. (e) Council Member Fuller reported on the Integrated Waste Management Authority [ Board and said phone books should be recycled and not placed in the trash.' He also said there will be a Household Hazardous Waste collection October 9 or 10, 1996, 13. COUNCIL COMMUNICATIONS Council Members discussed their participation in the Harvest Festival Parade on September 28, 1996. . 14. STAFF COMMUNICATIONS City Manager Hunt said Spiess Construction Co. had agreed to the postponement of the Bridge, Nelson, and Short Streets Pavement, Water, and Sewer Improvements Project until 1997. 15. ADJOURNMENT . It was moved by Lady/Souza, and the motion passed unanimously to adjourn the meeting at 9:40 p.m. AYOR ATTEST: NANCY A. D l 8