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Minutes 1995-10-24 . . . MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, OCTOBER 24, 1995 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 for a Special Meeting at 6:45 p.m., with Mayor A. K. "Pete" Dougall presiding. 1. AND 2. CAT.T. TO ORDER AND ROLL CAT.T. Mayor Dougall called the meeting to order. Also present were Mayor Pro Tem James Souza, Council Members Drew Brandy, Michael Fuller, and Michael Lady, and City Manager Robert L. Hunt, city Attorney Roger Lyon, and Chief of Police Rick TerBorch. 3. CLOSED SESSION The city Council and Staff Members adjourned to Closed Session on the following: (a) Conference with Labor Negotiator: Gov. Code Sec. 54957.6 Agency Negotiator: Chief TerBorch Represented units: Service Employees' International Union (SEIU) Local 817; and Arroyo Grande Police Officers' Association (AGPOA) 4. ADJOURNMENT The city Council reconvened at 7:25 p.m. after the Closed Session. City Attorney Lyon said there was no reportable action taken in Closed Session. REGULAR MEETING OF THE CITY COUNCIL The City Council began its Regular Meeting at 7:30 p.m., with Mayor Dougall presiding. 1. AND 2. FLAG SALUTE AND IHVOCAT}:ON Boy Scout Troop 70, Bob Carroll, Scoutmaster, led the Pledge of Allegiance to our Flag. The Reverend Robert aanker of Oceano Open Door Church delivered the invocation. 3. ROLL CAT.T. r Present with Mayor Dougall were Mayor Pro Tern Souza, and Council Il Members Brandy, Fuller, and Lady. Staff members present were City Manager Hunt, City Attorney Lyon, city Clerk Nancy Davis, Current Planner Scott Spierling, Director of Building and Fire Kurt Latipow, and Chief TerBorch. 1 . 53 CITY COUNCIL MINUTES OCTOBER 24, 1995 4.. SPECIAL PRESENTATIONS a. Letter of Appreciation - Flag Salute Presentation. Mayor Dougall presented the letter to Boy Scouts David Carroll, Mark Weirick, Chris Freeman, and Mike Mathes. b. Proclamation - "Commending Shaun Fields for His courageous Actions During a Residential Fire." Mayor Dougall read the proclamation honoring Shaun. Greg pisano of the Department of Forestry presented him with a Fire and Life Safety Award. Smokey Bear was a surprise guest at the meeting and presented Shaun with a "dress" watch. Detective Vanessa Campbell presented Shaun with a bicycle and helmet from the Arroyo Grande Police Officers' Association. 5.. ORAL COMMUNICATIONS a. Herman Olave, 222 West Cherry, told the Council about the crime in his neighborhood and asked that street lighting be improved and the vagrancy laws enforced. b. Ryan Talley, 231 Mason, and Blake English, 311 Poole, asked the council to include the paving of a portion of Poole Street in the sewer, water, and street project currently underway in the Village area. They presented a petition to the Council signed by " some Village residents. 6.. CONSENT AGENDA It was moved by Souza/Lady (Souza, Lady, Fuller, Brandy, and Dougall voting aye) to approve Consent Agenda Items 6.a. through 6.d. and 6.f. through 6.1., with the recommended courses of action. 6.a. September 27, 1995, Joint City councils' Meeting Minutes. Approved. 6.b. October 10, 1995, city Council Minutes. Approved. 6.c. Second Reading of Ordinance Amending Ordinance No. 454 C.S.; utility Users Tax. Ordinance 468 C.S. was adopted with the clerical drafting errors corrected in the de-escalation section of the Ordinance. 6.d. Second Reading of Ordinance Amending the Municipal Code for Change in Meeting Time; Traffic Commission.. ordinance 469 C.S. was adopted. 6.f. Time Extension for Tracts 1834 and 1997; Rancho Grande; OTTSE, Inc. Approved. 6.g. Register of Checks. Approved. 2 54 CITY COUNCIL MINUTES OCTOBER 24, 1995 6.h. Resolution Supporting the Establishment of a Regional Network Consortium. Resolution No. 3100 was approved. 6.i. Authorization to Sign an Agreement for Subsidized Senior and [ Disabled Transportation Services. Approved and authorization to the sign the agreement was given. 6.j. Declaration of surplus Equipment. Resolution No. 3101 .' Declaring Surplus Property to be Donated to the San Luis Obispo county Sheriff's Department Program to Refurbish Bicycles for Needy Children was approved. 6.k. San Luis Obispo County Plays It Safe (SLOCOPS Grant); Resolution No. 3102 Authorizing participation in a MUlti-Agency DUI Enforcement/Education Grant was approved. 6.1. Fund Transfer Agreement for Bikeway Project No. 2; Proposition 116 (state Funded). Resolution No. 3103 Approving Execution of the proposition 116 Fund Transfer Agreement for the Arroyo Grande High School/Margaret Harloe Elementary School Project was approved. It was moved by Souza/Fuller, and the motion passed unanimously to approve Consent Agenda Item 6.e. Progress Payment No. 3 for Replacement of Water and Sewer Improvements in Mason, Poole, and Whiteley Streets and Related Pavement Rehabilitation; project No. 60-70-95-1. council Members discussed the cost ramifications of paving a portion of Poole, as requested by some of the residents of the street. Staff was directed to place the issue of paving a portion of Poole street on the November 14, 1995, City Council Agenda. 7 .A. PROPOSED TRIP R~ntJCTIOH AND TRAVEL D~ ORDINANCE THAT WOULD ADOPT. BY REFERENCB. TBB AIR PO~DT:rOH CONTROL DISTRICT' S RULE 901 \mOUIREMENT; CITYWIDE Current Planner Spierling referred to the October 24, 1995, staff report of the Community Development Director. He recommended that the Ordinance adopting, by reference, the Air Pollution Control District's Rule 901 Requirement be approved. 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, he closed the hearing to the floor. " ' Council Member Fuller expressed his opposition to the Ordinance and said he was against unfunded mandates. Other Council Members felt it was necessary to pass the ordinance so the city could 3 . 55 CITY COUNCIL MINUTES OCTOBER 24, 1995 receive gas tax revenues from the state. city Manager Hunt read the title of the Ordinance Adopting Trip Reduction and Travel Demand Measures in Accordance with state Government Code sections 65089 and 65089.3~ It was moved by Brandy/souza (Brandy, Souza, Lady, and Dougall voting aye and Fuller voting no) to approve the reading of the ordinance by title only. Mayor Dougall said that constituted the first reading of the ordinance. S.A. AUTHORIZE STAFF TO NEGOTIATE A CONTRACT FOR CURBSIDE RECYCLING city Manager Hunt referred to his October 24, 1995, staff report and recommended that staff and a City Council Member, as selected by the council, negotiate a contract for Council consideration with Ralcco for curbside recycling services. council Members agreed with the recommendation. Council Member Fuller was chosen by the Council to participate in the negotiations with Ralcco. It was moved by Brandy/Lady, and the motion passed unanimously to direct staff and a member of the city Council to negotiate a contract for council consideration with Ralcco for curbside recycling services. It was moved by Dougall/Souza, and the motion passed unanimously to appoint council Member Fuller to participate in the negotiations. 9.A. DON MC HANEY PRE-APPLICATION REVIEW FOR A GENERAL PLAN AMENDMJ:NT: PLANNED DEVELOPMENT REZONE, AND TENTATIVE MAP TO SUBDIVIDE A 29"'ACRE PARCEL INTO 42 LOTS: 550 RODEO DRIVE The applicant did not appear at the meeting. It was moved by Souza/Fuller, and the motion passed unanimously to continue this ~genda item to the meeting of November 14, 1995. 10. CITY COUNCIL REPORTS a. South San Luis Obispo County Sanitation District. Mayor I Dougall said the district was making excellent progress and i received a complimentary audit. I l b. Local Agency Formation commission (LAFCO). Mayor Dougall said he had trouble understanding why LAFCO was a dependent agency administered by the' county of San Luis Obispo. He said LAFCO held no meeting in September and held the october meeting when most cities were attending the League of California cities 4 56. . CITY COUNCIL MINUTES OCTOBER 24, 1995 Conference in San Francisco. He said he would continue to battle LAFCO for a Sphere of Influence change. c. Long Range Plan Update Committee. Mayor Pro Tem Souza said [ the Long Range Plan Update had been completed by the committee and the plan was on its way to the Council Members. d. Chamber of Commerce Economic Development Committee. Mayor Dougall said a consultant to the committee is working to identify areas whe~e there could be commercial development. He said a grant will be applied for to develop a marketing strategy for increasing commercial development. He said the Council will be receiving a report on the consultant's findings. e. Coordinated Agriculture support Program (CASP). No report. f. Zone 3 Water Resources Advisory committee and g. County Water Resources Advisory Committee. Council Member Brandy said Lopez Dam still is being studied for its seismic safety. He said a watershed survey draft report will be made available soon: and the State Water Project is progressing. He said Lopez Lake activities in November include a triathlon and it would be nice if the route could go into the Village of Arroyo Grande. He said a consultant has been hired to investigate the high turbidity problems in the water system. He said the City still is owed a water reimbursement from the time when bad valves were causing an overcharge to Arroyo Grande. He said he would be watching closely a master water management plan being discussed by the Water Resources Advisory committee. h. South County Area Transit (SCAT). No report. i. Council of Governments (COG)jSan Luis Obispo Regional Transit Authority (SLORTA). council Member Lady said SLORTA met and awarded merit contracts for CCAT and Runabout to Laidlaw Transportation. He said the COG met and learned from a caltrans representative that San Luis Obispo County projects would be delayed from one to three years, except for the Highway 41 realighment. He said the Cuesta Grade improvements had high priority. He said the San Diegan train service, which will stop in Grover Beach, would begin October 27, 1995. He said the COG decided to not proceed with the growth and expansion of the [ ..... . Oceano Airport. j. Integrated Waste Management Authority (IWMA) Board. Council Member Fuller said the board is working to set up a "Highly ,'.' Hazardous Waste Collection Day" possibly at the UNOCAL plant on the Nipomo Mesa. He said he sat in on a session at the League Conference linking economic development and recycling and would 5 ... . . 57 CITY COUNCIL MINUTES OCTOBER 24, 1995 be discussing this with Mayor Pro Tern Souza. k. Air Pollution Control Board. No report. 1. League of California cities Conference in San Francisco, october 21 to 26, 1995. Mayor Dougall said he, Council Member Fuller, the City Manager, the Community Development Director, and the Director of Building and Safety attended the LOCe Conference. He said with regard to proposition 62, which would mandate voter approval of local taxes, the decisions the City officials have made so far in Arroyo Grande are right on track with state officials' advice of moving cautiously and slowly until some legislative help is given. He said the Mayors of the seven cities in San Luis Obispo County will meet October 26, 1995, in San Luis Obispo and State Representative Jack O'Connell has been invited to hear the cities' positions on Proposition 62. 11. WRI'rrEN COMMUNICATIONS Mayor Dougall read a letter from a representative of the Matthew Brady Company, Inc. commending Director of Building and Safety Latipow and the Volunteer Fire Fighters for their hospitality and professionalism. 12. ORAL COMMUNICATIONS None. 13. ADJOURNMENT It was moved by Souza/Lady, and the motion passed unanimously to adjourn eeting at 8:45 p.m. ATTEST: .1l~a. ~ NANCY A DAVIS, CITY CLERK 6