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Minutes 1992-05-12 - 1 . MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 12, 1992 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The city Council of the City of Arroyo Grande met at 7:30 I P.M., with Mayor Mark M. Millis presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and Council Member Gene Moots delivered the invocation. 3. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, M. P. "Pete" Gallagher, Moots and B' Ann Smith. Staff Members present were city Manager Chris Christiansen, city Attorney '- Judy Skousen, city Clerk Nancy Davis, Finance Director David Bacon, Parks and Recreation Director John Keisler, Chief of Building and Fire Kurt Latipow, Planning Director Doreen Liberto-Blanck, Public Works superintendent David Mulkey and Chief of Police Rick TerBorch. 4. ORAL COMMUNICATIONS' ci ty Attorney Skousen announced that on April 30, 1992, a summary judgement had been granted in the Kingo Kawaoka v. City of Arroyo Grande lawsuit, and the plaintiffs' personal attack on deceased Council Member Doris Olsen had been completely refuted. She said the Court found no basis for the allegation that Council Member Olsen was biased or prejudiced in her decision. She said the Court found that although plaintiffs claim the city's actual motivations were racially-oriented and belied the official goals of the General Plan, plaintiffs failed to substantially support their assertion with evidence on the record. 5. CONSENT AGENDA It was moved by Dougall/Moots, and the motion passed unanimously, to approve Consent Agenda Items 5.B. through 5.F., with the recommended courses of action. 5.B. April 28, 1992, city Council Minutes. Approved. 5.C. May 6, 1992, Senior Advisory Commission Minutes. Information. 5.D. April 20, 1992, parking and ,Traffic Commission Minutes. Information. 5.E. April, 1992, Investment Report. Information. 5.F. 1992 Clean-Up Week, June 24-26, 1992. Information. 5.A. Mayor Millis read a proclamation on the "Annual Sale of Buddy Poppies," May 22 and 23, 1992. He directed Staff to deliver the proclamation to representatives of the Veterans of Foreign Wars. 6. REGISTER OF CHECKS ~ It was moved by Smith/Dougall, and the motion passed unanimously to approve Case Disbursements in the amount of $450,079.33, as listed in the May 6, 1992 Staff Report of Finance Director Bacon. 7 . PUBLIC HEARING - ORDINANCE AMENDIN~. REPLACING OR REPEALING " CERTAIN SECTIONS OF THE MUNICIPAL CODE PERTAINING TO APPEALS IN ORDER TO ESTABLISH ONE CONSISTENT APPEAL PROCEDURE THAT WOULD APPLY THROUGHOUT THE CODE: CITYWIDE Mr. Christiansen referred to the April 28, 1992, Staff Report of the City Clerk, who recommended that the Council adopt the ordinance amending, replacing or repealing certain sections of the Municipal Code pertaining to "appeals." Mr. Christiansen said the 1 ---- ~---_.,-- 2 . CITY COUNCIL MINUTES MAY 12, 1992 goal of the new ordinance was to set up one consistent appeal procedure that would apply throughout the Code. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. When no one came forward to speak, the Mayor closed the hearing to the floor. council Member Smith said she felt the public should be given a longer time to appeal an action of the City and suggested 15 business days. Other council Members agreed. It was pointed out that the Development Code (Chapter 9 of the Municipal Code) also -' should be changed in the new ordinance to reflect the 15 business days. city Attorney Skousen said the Public Hearing should be reopened for public comment on council Member smith's suggestion of a 15 business day appeal period. Mayor Millis opened the hearing and asked for public comment. No one came forward to speak and he closed the hearing to the floor. Mr. Christiansen read the title of the proposed ordinance. It was moved by smith/Dougall, and the motion passed unanimously to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. S.A. UPDATE - SOURCE REDUCTION AND RECYCLING ELEMENT Council Member Dougall referred to his May 12, 1992, memorandum concerning the Source Reduction and Recycling Element (SRRE) , which has been prepared by the county Solid Waste Task Force. He explained what is required by the California Integrated Waste Management Act of 1989, and strategies, programs, costs and funding for meeting those requirements. He said a public workshop will be conducted for the city council on the SRRE within the next few months, and a public hearing would follow. He said the Council will eventually make decisions on an Environmental Impact Report and a Household Hazardous Waste Element. 9.A. SECOND READING OF ORDINANCE REESTABLISHING THE PARKING AND TRAFFIC COMMISSION BY AMENDING OR DELETING VARIOUS SECTIOflS QF THE MUNICIPAL CODE: CITYWIDE Council Member Smith referred to Section 4-3.21(e) "Authority to prohibit Parking," and . said it appeared that the Traffic commission would be making the final decision on prohibiting, stopping or parking of vehicles within twenty feet of any intersection or commercial driveway. She said city staff should keep the Council apprised of any problems that develop in connection with the Traffic Commission decisions on this matter. It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Gallagher, Hoots and Hillis voting aye) to adopt Ordinance No. 444 -' C.S. Reestablishing the Parking and Traffic commission by Amending or Deleting Various sections of the Municipal Code. 10.A. RESOLUTION DECLARING THE COUNCIL'S INTENTION TO FORM A LANDSCAPING AND LIGHTING ASSESSM~NT DISTRICT FOR ARROYO GRANDE TRACT 1769 Hayor Millis and Council Member Dougall said they may have conflicts on interest in this matter and left the room. Mayor Pro Tem Moots presided. It was moved by Smith/Gallagher (3-0-2, Smith, Gallagher and 2 .. '...... r ~ , CITY COUNCIL MINUTES MAY 12, 1992 Moots voting aye, Millis and Dougall absent) to approve Resolution No. 2926 Declaring the Council's Intention to Form a Landscaping and Lighting Assessment District for Arroyo Grande Tract 1769. Mayor Millis and Council Member Dougall returned to the dais. 10.B. RESOLUTION AMENDING RESOLUTION NO. 2916 REGARDING THE CLOSURE OF STREETS AND "NO PARKING" ZONES DURING THE ANNUAL STRAWBERRY FESTIVAL It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Moots, Gallagher and Millis' voting aye) to approve Resolution No. 2927 Amending Resolution No. 2916 Regarding the Closure of Streets and '- "No Parking" Zones during the 1992 Annual Strawberry Festival. 10.C. AWARD OF CONTAACT FOR CONSTRUCTION OF WELL NO. 9~ WATER TREATMENT FACILITY: PROJECT NO. 60-92-2 Mr. Christiansen referred to the May 7, 1992, Staff Report of Public Works Director Van Laurn, who recommended that the Council authorize award of the' contract for construction of Well No. 9, Water Treatment Facility, Project No. 60-92-2, to the low bidder, Sansone Company, Inc. , in the amount of $47,252.00. It was moved by Smith/Dougall, and the motion passed unanimously to approve the recommendation of the Public Works Director. 10.D. AGREEMENT AFFECTING REAL PROPERTY: 250 RIDGEVIEW WAY: SALLY WHITE Mr. Christiansen referred to the May 12, 1992, Staff Report of Planning Director Liberto-Blanck, who recommended that the city Council authorize the Mayor and city Clerk to sign an agreement affecting real property at 250 Ridgeview Way. Mr. Christiansen said the property is owned by Sally White, who wishes to build a second residential unit. It was moved by smith/Dougall, and the motion passed unanimously, to approve the Planning Director's recommendation. . 10.E. APPOINTMENTS TO ARCHITECTURAL ADVISORY COMMITTEE Mayor Millis nominated Paul Torjgian of 1223 Montego to the Architectural Advisory Committee, and the Council unanimously approved. Mr. Torigian's term will expire June 30, 1992. Mayor Millis nominated Tracy D. Thomas to the Architectural Advisory Committee, and the ,Council unanimously approved. Mrs. Thomas' term will expire June 30, 1993. THE CITY COUNCIL RECESSED FROM 8:11 TO 8:15 P.M. 10.F. CONSIDERATION OF 1992-93 PROPOSED BUDGET ~ Mr. Christiansen said that overall the budget is not much different than last year. He said revenues are basically flat because of the property tax administration the County is charging the city, and the loss of the cigarette tax monies. He said, in addition, the county is continuing to assess the City for booking fees. He said the state may be taking the city's in lieu fees on automobile registration. He said water and sewer funds are in sound condition. The Council began discussion of the budget taking each expenditure activity account in order, as follows: 1. city Council - increase of $2,500 for travel and training. 3 -- , . _.~...- ,,---_. - '-'- --_._-----~---'--~-_._---- 4 . CITY COUNCIL MINUTES MAY 12, 1992 2. central services - increase of $6,000 for travel and training to be allocated throughout the city departments. Council directed Mr. Christiansen to meet with each department director to devise his or her travel and training plan for the year. Mr. Christiansen made the council aware of Budget Item 10-4101-240, $48,000, which may be required by the California Integrated Waste Management Act (AB 939) . 3. Finance - approval of budget as proposed. Discussion and approval of storage shelving in the amount of $1,200. 4. City Clerk - approval of budget as proposed. 5. City Attorney - approval of budget as proposed. ,J 6. Planning - approval of budget as proposed. Planning Director said staff is working with the Planning Commission on the Housing Element, which the city will need to address next year but is not in the budget. She said she will update the Council on this matter and that funding may be needed. 7. Printing/Duplicating - approval of budget as proposed. Council Member Dougall requested that recycled paper be purchased in every instance. 8. Taxes/Insurance/Bonds and Retirement/Fringe Benefits - addition of $24,000 for liability insurance: a decrease of $15,000 in Retirement; increase of $27,000 for Workers compensation. 9. Police - approval of budget as proposed. 10. Fire - approval of budget as proposed. Establishment of Fire Department vehicle replacement reserve fund, $10,000. 11. Building and safety and Government Buildings - approval of Government Buildings budget as proposed. Increase in Contractual services of $15,000 in Building and Safety budget. 12. Animal Control - approval of budget as proposed. Mayor Millis suggested that Staff negotiate with the County for a reduced rate or work with other cities to combine animal control services. 13. Admin/Engineering, streets/Bridge Maintenance - approval of budgets as proposed. 14. Street Cleaning and Lighting - approval of budget as proposed. 15. Automotive Shop - approval of budget as proposed. " 16. Parks - approval o~ budget as proposed. 17. Recreation - approval of budget as proposed. Discussion of Elm ,-j street Park building currently being used by the School District. The Parks and Recreation Director said no monies were budgeted for turning it into a Parks and Recreation building because the City does not know when the School District will be vacating. Mayor Millis said he may have a conflict of interest on this matter, passed the gavel to Mayor Pro Tern Moots and did not participate in the discussion. other changes in the budget were as follows: 1. Park Development Fund - increase of $5,000 for Rancho Grande 4 ~', , 5 . . . CITY COUNCIL MINUTES MAY 12, 1992 Park Traffic study, and increase of $3,000 for Rancho Grande Park Study (funds allocated earlier in 1992). 2. Recreation Programs Fund - increase in Workers Compensation of $1,000. 3. Gas Tax Fund - Increase in Workers Compensation of $2,000, and Decrease in various Streets Improvements of $70,000. 4. Downtown Parking Fund - Increase in Brisco Property Taxes of $1,000. Mayor Millis said the Council completed the portions of the budget over which it has control. Mr. Christiansen pointed out ',- that Public Works will be installing some french drains in Ikeda . field to prevent ponding and cost will be $48,000. There were Council comments and questions. Council Members commented on the construction under way on Bridge Street and directed Staff to make a concerted effort to ,ensure that pedestrians could walk there safely during the Strawberry Festival. Council Members cancelled the planned budget meeting set for May 14, 1992, and directed Staff to return with the final completed budget at the meeting of May 26, 1992. 11. WRITTEN COMMUNICATIONS None. 12. ORAL COMMUNICATIQNS None. 13. CLOSED SESSION None. 14. ADJOURNMENT It was moved by Moots/Dougall, and the motion passed unanimously to adjourn the meeting at 9:38 P.M. ~ /Y)~ GENE MOOTS, MAYOR PRO TEM ATTEST: ~a.~ NANCY A. VIS, CITY CLERK '--'