Minutes 1996-11-12
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MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY, NOVEMBER 12, 1996
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA r
SPECIAL CITY COUNCIL MEETING
Mayor A. K. "Pete" Dougall; Mayor Pro Tern James Souza; Council Members Drew
Brandy, Michael Lady, and Michael Fuller; City Manager Robert L. Hunt, and City
Attorney Roger Lyon met at 6:30 p.m. to discuss the following:
1. CLOSED SESSION:
(a) CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
Agency Negotiator: Robert L. Hunt
Unrepresented Employees All
(b) Conference with Legal Counsel: Anticipated Litigation
Initiation of litigation pursuant to subdivision (c) of Section
54956.9: One (1) potential case.
2. ADJOURNMENT:
The Closed Session was adjourned at 7:20 p.m. to the Regular Council Meeting,
November 12, 1996, 7:30 p.m., City Council Chambers.
REGULAR CITY COUNCIL MEETING
1. CALL TO ORDER
The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with
Mayor Dougall presiding. He said no reportable action was taken on Items 1.a. or 1.b.
in the Closed Session.
2. FLAG SALUTE AND INVOCATION
The Pledge of Allegiance was led by Past Commander Chuck Howell and Auxiliary
President Aimee Clayton, Veterans of Foreign Wars Post and Auxiliary 2829. The
Rev. Phil Coleman of Oak Park Foursquare Church delivered the invocation. r
4. ROLL CALL
Present with Mayor Dougall were Mayor Pro Tern Souza and Council Members l_
Brandy, Lady, and Fuller. Staff members present were City Manager Hunt, City
Attorney Lyon, City Clerk Nancy A. Davis, Chief of Police Rick TerBorch, Director of
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Building and Fire Terry Fibich, Interim Director of Finance Loron Cox, Public Works
Director John Wallace, and Parks and Recreation Director John Keisler.
l 5. SPECIAL PRESENTATIONS
Maybr Dougall said he would be taking the proclamation to the Mayors' meeting in, the
near future.
6. AGENDA REVIEW
None.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY
It was moved by Brandy/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. ARROYO GRANDE UNDERGROUND UTilITY DISTRICT NO.5 - GRAND
AVENUE
Public Works Director Wallace said funds for the construction of the underground
structure are provided by Public Utilities Commission, Rule 20A allocations for
conversion of electrical services. He said property owners pay the cost of converting
their individual services from overhead to underground.
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 r.natter.
Speaking to the Council were Stan Robertson, owner of Beacon Service Station, and
John Keen, 298 North Elm Street.
When no one further came forward to speak, Mayor Dougall closed the hearing to the
floor.
It was moved by Fuller/Lady, and the motion passed unanimously to approve staff
recommendations, as follows:
J 1. Consider whether the public necessity, health, safety, or welfare warrant the
removal of poles, overhead wires, and associated overhead structures and the
undergrounding' of wires and facilities for supplying electrical communication and
similar associated services in the proposed Arroyo Grande Underground District No. 5
- Grand Avenue;
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2. Direct staff to set a second public hearing to create the Arroyo Grande
Underground District No. 5 - Grand Avenue;
,3. Direct staff to c'oordinate the formation of the District with the affected utility r
companies, and
4. Integrate the construction of the underground facilities with the street improvements
included in the FY 1996-97 Capital Improvement Program for Grand Avenue.
8. PUBLIC COMMENT PERIOD
None.
9. CONSENT AGENDA
It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Fuller, Lady, and Dougall
voting aye) to approve Consent Agenda Items 9.a. through 9.j., with the recommended
courses of action.
9.a. Register of Checks/Demands. Approved.
9.b. Statement of Investment Deposits. Information only.
9.c. Rejection of Claim Against City by Diana K. Poudrier. Claim was rejected.
9.d. Approval to Seek Funding for Technology Enhancements Through the Federal
COPS MORE Program. Staff authorized to seek funding.
9.e. Designation. of City Attorney. Timothy J. Carmel was designated as City Attorney
and Mr. Lyon as Assistant City Attorney.
9.1. Soils Testing Contract for Cherry Avenue Capital Improvement Project. Staff
recommendations approved.
9.g. Soils Testing Contract for Arroyo Grande High SchooV Margaret Harloe
Elementary School - Bikeway Project Two. Staff recommendations approved.
9.h. Funding Applications for Regional Grant Funding for Project Scoping Studies. (
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Staff recommendations approved. L
9.i. Request by Senior Pool Club to Replace Two City Pool Tables~ Approved.
9.j. Adoption of a Resolution to Access Department of Justice Criminal History
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Information for Employment Purposes. Council adopted Resolution No. 3185
Authorizing Access to Department of Justice Criminal History Information for
l Employment Purposes.
10. CONTINUED BUSINESS
None.
11.A. REQUEST FOR REFUND OF 1996 FIREWORKS PERMIT FEE BY ROCK
SOLID YOUTH
Director of Building and Fire Fibich said on October 22nd the City received a request
from Rock Solid Youth for reimbursement of the 1996 fireworks permit fee on the
basis that the amount paid by the groups selling fireworks exceeded the actual costs
to the City due to increased staffing and equipment use. He said total funds
remaining was $599.45.
The Rev. Coleman spoke to the Council in support of the refund.
It was moved by Souza/Brandy, and the motion passed unanimously to approve a
refund of $150 to all four 1996 applicants.
11.B. W AIYER OF FEES - KIWANIS CLUB OF GREATER PISMO BEACH
Parks and Recreation Director Keisler said membership of the club is at least 50
percent City of Arroyo Grande residents, donates 90-100 percent of its budget to
support Five Cities area activities, services youth 6 to 19 years of age, and supports
the Parks and Recreation Department through donations of labor and facility
improvements. He recommended the Council approve a 50 percent reduction in the
$250 fee for renting the Community Center and said approval of the request would
result in a reduction of Community Center rental fees of $125.00.
It was moved by Lady/Brandy, and the motion passed unanimously to approve staff's
recommendatiqn.
11.C. EXEMPTION FROM CONGESTION MANAGEMENT PLAN
Public Works Director Waliace said with the passage and adoption of AB2419
(Bowler), counties have the option of not participating in the congestion management
J process. He said there would be no fiscal impact by adopting a resolution approving
exemption from the program.
Speaking to "the Council on the matter was Stephen A. Devencenzi, senior planner,
San Luis Obispo Council of Governments.
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It was moved by' Lady/Souza (5-0-0, Lady, Souza, Brandy, Fuller, and Dougall voting
aye) to adopt Resolution No. 3186 Approving Exemption from the Congestion
Management Program Pursuant to Assembly Bill 2419. [
11.0. REPORT TO SLOCOG ON STATUS OF ARROYO GRANDE PROJECTS
Mr. Wallace said on October 2, 1996, the San Luis Obispo Council of Governments
Board directed its staff to work with the local jurisdictions to (a) remedy schedule
problems and assure timely delivery of grant projects; (b) resolve any cash flow
problems, and (c) identify reprogramming opportunities. He said the City may be in
danger of losing $872,000 of grant funding if the SLOCOG Board finds that delays are
causing funds to sit idle for long periods of time. He recommended the Mayor sign a
letter to SLOCOG stating the City does not feel any of the projects recommended for
review by SLOCOG staff are .stalled." He said the letter emphasizes progress made
on each of the projects and requests that funding remain available as these projects
continue to move ahead. He also recommended the Council direct staff to continue
reviewing and monitoring of SLOCOG's response to the City's requests.
Mr. Devencenzi spoke to the Council on the issue.
It was moved by Lady/Souza, and the motion passed unanimously to approve staff
recommendations.
11.E. FIRST QUARTER REPORT - BUDGET.
City Manager Hunt thanked the new auditors for the assistance they gave and
thanked Janet Huwaldt and Mr. Cox for the long hours and hard work they spent on
preparation of this report.
Interim Finance Director Cox said the report was not based on 1995-96 audited
numbers but he did not expect major changes in the budget at this time. He
recommended essential elements to establish both short and long-term financial
planning and stability:
1. Increase the Fund Balance reserve to 15 percent ($933,000 for FY 1996-97) of
expenditures. Target to achieve over the next three to five years.
2. Ten percent of Annual Appropriations to provide funding for Infrastructure. l
3. An Equipment Replacement Fund to be established.
4. Recognize an Encumbrance Reserve of $138,000 to record the liability of actual
expenses incurred but not paid 1995/96.
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5. Non-recurring expenditures be equal to or greater than Utility Users' Tax revenue
(such as capital projects).
l Mr. Cox also recommended the Council approve Schedules A through E included in
j First Quarter Budget Status report that summarizes budget adjustments.
It was moved by Fuller/Lady, and the motion passed unanimously to approve staff
recommendations.
12. COUNCIL COMMUNICATIONS
Mayor Dougall said appointment of a new City Attorney (Mr. Carmel) was on the
Consent Agenda and this would be the last meeting for Mr. Lyon as City Attorney. He
thanked Mr. Lyon on behalf of the Council.
13. STAFF COMMUNICATIONS
None.
14. ADJOURNMENT
It was moved by Lady/Souza, and the motion passed unanimously to adjourn the
meeting at 8:45 p.m.
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ATTEST:
NANCY A
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