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Minutes 1996-01-23 , '- MINUTES SPECIAL AND'REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 23, 1996 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL MRF.'I'ING OF THE CITY COUNCIL The City Council of the City of Arroyo Grande met for a Special Meeting at 6:30 p.m., with Mayor A. K. "Pete" Dougall presiding. 1. A. CLOSED SESSION - CONFERENCE WITH LEGAL CONFERENCE: ANTICIPATED LITIGATION. GOVERNMENT CODE SECTION 54956.9(C). SIGNIFICAN'l' EXPOSURE TO LITIGATION INVOLVING ONE POTENTIAL CASE. Mayor Dougall; Mayor Pro Tem James Souza; Council Members Drew Brandy, Michael Fuller, and Michael Lady; City Manager Robert L. Hunt, and City Attorney Roger Lyon adjourned to a Closed Session on Conference with Legal Counsel: Anticipated Litigation, Government Code Section 54956.9(c) Significant Exposure to Litigation Involving One Potential Case. 2. ADJOURNMENT The Closed Session was adjourned at 7:10 p.m. REGULAR MRF.'I'IHG OF THE CITY COUHCIL 1. ca.r,J, TO ORDER The City Council began its Regular Meeting at 7:30 p.m., with Mayor Dougall presiding. He said there was no reportable action taken in the Closed Session. 2. AND 3. FLAG SALUTE AND INVOCATION The Five cities Service Unit of the Girl Scouts, including Marina Barcelona and Nereida Figueroa, led the Pledge of Allegiance to our Flag. Adult supervisor of the Girl Scouts was Matt Simons. The Rev. Ehrhardt Lang of First united Methodist Church of Arroyo Grande, delivered the invocation. 4. ROLL ~T,T, Present with Mayor Dougall were Mayor Pro Tem Souza and Council Members Drew Brandy, Michael Fuller, and Michael Lady. Staff Members present were City Manager Hunt, City Attorney Lyon, City Clerk Nancy Davis, community Development Director Doreen Liberto- Blanck, Public Works Director John Wallace, Parks and Recreation Director John Keisler, Chief of Police Rick TerBorch, and Director of Building and Fire Kurt Latipow. 5. SPECIAL PRESENTATIONS Mayor Dougall presented a Letter of Appreciation to the Girl Scouts for leading the Salute to the Flag. 1 , - CITY COUNCIL MINUTES JANUARY 23, 1996 6. AGENDA REVIEW The City Manager said there were no changes to the agenda. 6A. MOTION THAT RESOLUTIONS AND ORDINANCES BE READ IH TITLE ONLY It was moved by Souza/Brandy, 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. PUBLIC HF.a.RINGS None. 8. PUBLIC COMMENT PERIOD No one came forward to speak. 9. CONSENT AGENDA It was moved by Brandy/Fuller, and the motion passed unanimously to approve Consent Agenda Items 9.a. through 9.c., 9.e., and 9.g. through 9.j., with the recommended courses of action. 9.a. Register of Checks/Demands. Approved. 9.b. Adoption of Memorandum of Understanding for Participating in the San Luis Obispo Operational Area Organization for the State- Mandated Emergency Management System. MOU Adopted. 9.c. Notice of Completion for Mason, Poole, and Whiteley Project. Approved. 9.e. Request permission to Purchase Computer Mapping Software. Approved. 9.g. Request permission to Award Bid for Professional Underwater Inspection Services to Dive/Corr Inc. Approved. 9.h. Bikeway Project II - Notice Inviting Bids. Approved. 9.i. Lot Line Adjustment Case No. 95-527 (GenCom). Approved. 9.j. Authorization to Purchase a Defibrillator. Approved. It was moved by Lady/Fuller, and the motion passed unanimously to approve Consent Agenda Items 9.d. and 9.f., with the recommended courses of action. 9.d. Five cities Tennis Association Request to Install a Key System for Operation of Tennis Court Lights. Council Member Lady asked if the tennis courts would be open to 2 . CITY COUNCIL MINUTES JANUARY 23, 1996 the public as well ~s the Five Cities Tennis Association. The Parks and Recreation Director said the Parks and Recreation Commission required that the courts be open to the public. 9.f. Award Bid for Backhoe Loader. Council Member Fuller asked for the engineer's estimate on the backhoe. The Public Works Director said the figure was $64,500. 10. A. DRAINAGE IMPROVEMENTS FOR VIA LA BARRANCA The Public Works Director said, if the Council approves staff's recommendations, funding for this project (a total of $60,000) would come from the City's Drainage Facilities Fund and the Creek Flooding Control Project Fund. He recommended prior to committing $15,000 for aeration equipment to mitigate odors from the basin until the storm drain could be built, the Public Works Department experiment with pumping the basin to drain the existing pool of stagnant water and to refill it with fresh rain water and chlorinated City water generated from the hydrant flushing program, with the costs accommodated within the existing maintenance budget. Mr. Wallace said a storm drain system to connect the basin with Tally Ho Creek is estimated to cost approximately $45,000. He said construction could start in mid-May in order to avoid the wet season. Neil Fleischon of 598 Via. La Barranca asked about chlorination of the water to solve the odor problem. Mr. Wallace said a combination of aeration, regradinq the basin, and chlorination would be necessary. Council Members discussed with Mr. W~llace long-term solutions to the problem of the basin, elimination of the odors, tying into Tally Ho Creek, and percolation of the drainage water 'into the ground. It was moved by Lady/Fuller, and the motion passed unanimously to proceed with the Public Works Director's recommendations. 10. B. EIR CONTRACT WITH DENISE DUFFY AND ASSOCIATES OR GERCOM, INC. PROJECT The community Development Department Director recommended the Mayor be authorized to sign a contract with Denise Duffy & Associates in the approximate amount of $84,740 to prepare the Environmental Impact Report on the GenCom, Inc. project. It was moved by Brandy/Lady, and the motion passed unanimously to 3 CITY COUNCIL MINUTES JANUARY 23, 1996 authorize the Mayor to sign a contract with Denise Duffy & Associates in the approximate amount of $84,740 to prepare the Environmental Impact Report on the GenCom, Inc. project. 10. C. JOINT CITY COUNCIL AND PLANNING COMMISSION JpmTING Council Members selected the date of March, 5; 1996 for the joint City council and Planning Commission meeting. 10.D. EXCAVATION OF PEARWOOD RETENTION BASIN - COST OF EXPORTED FILL DIRT The PUblic Works Director recommended that the City. rescind its previous action taken on February 28, 1989, to charge contractors for fill material exported from the Pearwood Retention Basin and allow for the Public Works Director to arrange for the export of fill material on a piecemeal basis without charging contractors a set price, if at all. It was moved by Souza/Fuller, and the motion passed unanimously to approve Mr. Wallace's recommendation. 10. E. REVIEW/MODIFICATION OF FIREWORKS REGOLATIONS The Director of Building and Fire referred to his Staff Report and recommended the City continue current regulations and develop a community-wide celebration with a professional fireworks display. H~ said the estimated cost was $10,585, which could be offset through donations and fund-raisers. He said any shortfall may impact the General Fund. He listed five alternatives for the Council to explore. After Council questioned staff, Mayor Dougall opened the discussion to the floor. The Rev. Jan Armstrong, 629 Garfield Place, spoke in favor of the ~ale of Safe and Sane Fireworks in the city. Herman Olave, 222 W. Cherry, spoke in favor of the recommendation of the Director of Building and Fire. Council Member Fuller said he would like to further assess the costs connected with Director Latipow's recommendation and see if the costs could be mitigated. Council Member Brandy suggested Grover Beach may want to participate in the community-wide celebration recommended by Director Latipow. Council Member Brandy said he also would like to study the costs of the event. council Member Lady spoke in favor of permitting the sale of Safe 4 -.---- CITY COUNCIL MINUTES JANUARY 23, 1996 and Sane Fireworks from 9 a.m. July 1 through 6 p.m. July 4. He said the community should be educated to use the fireworks in a responsible manner. He said he did not think two Fourth of July displays were needed in the Five cities area and it would be hard to raise the money to put on the A~royo Grande fireworks display every year. Council Member Souza agreed there is a need for public education and said he would support the sale of Safe and Sane Fireworks July 1 through July 4. Mayor Dougall agreed with Council Member Lady and Mayor Pro Tem Souza in preferring to allow the sale of Safe and Sane Fireworks and said parents should instill in their children responsible fireworks use. Council Members discussed the number of booths to be allowed to sell fireworks. Mayor Dougall said one booth per 3,000 residents probably is a good ratio. It was moved by Souza/Lady and the motion passed unanimously on a roll call vote to approve Alternative No. 1, which would permit the sale of Safe and Sane Fireworks from 9 a.m., July 1 through 6 p.m., July 4 in the City of Arroyo Grande, with staff working out the details on how to implement it.- The City Manager said this matter would be back before the Council on March 12, 1996. 11.A. REOUEST TO TRANSFER 1986 PARI( BOND FOIfDS TO PORTER FIRT,n (SCOPE CHANGE) Director of Parks and Recreation Keisler referred to his Staff Report and recommended the Council approve the transfer of $35,700 ($28,800 plus interest) received from the 1986 Park Bond Act for the development of Rancho Grande Park to the rehabilitation of sports lighting on Porter Field (a scope change) . It was moved by Brandy/Fuller and the motion passed unanimously to approve the recommendation of Director Keisler. 11. B. ALTERNATIVE LOCATION FOR LOPEZ COHTIHUATIOIf SCHOOL Council Member Souza said he may have a conflict of interest in this matter and left the room. Community Development Director Liberto-Blanck referred to her staff report and said the Planning Commission recommended the City Council direct the City Manager to meet with a 5 CITY COUNCIL MINUTES JANUARY 23, 1996 representative of the Lucia Mar School District to begin a dialogue to identify short-term or alternate locations for the Lopez continuation High School. She made two clarifications, (1) the Planning Commission did not make a decision on whether or not an extension should be granted on Lopez continuation School and (2) it just reviewed the Teenage Academic and parenting Program, which is part of Lopez continuation School. Mayor Dougall said there were some people attending this meeting who were interested in this subject. He suggested it would be best to let City staff and the Lucia Mar Unified School District meet first and then at a later meeting open the sUbject to public testimony. Scott Lathrop, a representative of the school district, said the district was concerned about the neighbors' concerns and wants to solve the problems. He said a permanent location for Lopez School has been designated, but school bonds fail at the elections and there is no money for construction. It was moved by FUller/Lady and the motion passed, with Council Member Souza absent, to approve the recommendation of the planning Commission. Council Member Souza returned to the dais. 12. CITY COUNCIL REPORTS: (a) MAYOR A. K. "PETE" DOUGALL: (1) South San Luis Obispo County Sanitation District - Mayor Dougall said he was elected chair of the board and Supervisor Ruth Brackett was.chosen to be consultant to the board. He said in the future Grover Beach, Oceano and Arroyo Grande will make up the board and San Luis Obispo county will not be a part of it. (2) Local Agency Formation Commission - Mayor Dougall said there is a perception that LAFCO is a County agency against the Cities. He said LAFCO did change its letterhead and get its own telephone number and seems to be trying to create the perception that it is an independent agency. (b) MAYOR PRO TEM JAMES SOUZA: (1) Chamber of Commerce Economic Development Committee - Council Member Souza said the committee would be surveying the membership to determine who would like to continue serving on the 6 - CITY COUNCIL MINUTES JANUARY 23, 1996 committee, updating the business license survey, developing a strategy to publicize the Market Survey, and coordinating with the Economic Vitality Corporation and others to support projects. (2)Coordinated Agriculture Support Program - No report. (c) COUNCIL MEMBER DREW BRANDY: (1) Zone 3 Water Advisory Committee and (2) County Water Resources Advisory Committee - Council Member Brandy said an emergency meeting took place and members discussed a conflict of figures between GEI, the firm that the County has hired to study the seismic safety of Lopez Dam, and the state Division of Dams. He said a vote did not pass to spend an additional $55,000 to present arguments to the Division of Dams. He said the Board of Supervisors may not follow the results of that vote. ( d) COUNCIL MEMBER LADY: (1) South County Area Transit - Council Member Lady said requests for proposals have been revised. He said concerns about late proposals will be addressed at the January 29, 1996 board meeting. (2) San Luis Obispo Council of Governments - Council Member Lady said performance assessments and contracts will be reconsidered by SLOCOG. He said the COG discussed and rejected the idea of spending tax-payer dollars to fund a telecommuting study. He said the Nuclear Waste Independent Review Act was reviewed and the COG endorsed U.s. Senate Bill 544, which would develop a 15-year plan to move hazardous waste from Diablo to a site. He said the Americans with Disabilities Act plan was reviewed and endorsed, and Ken Nelson, Caltrans District Five Acting Director, gave a District Five update. He said unmet transit needs were discussed at a public hearing. (3) San Luis Obispo Regional Transit Authority - Council Member Lady said the authority reviewed a proposal to create Saturday routes to Shandon, San Miguel, and Preston; change bus and other signs to spanish, and teach drivers to be fluent in Spanish. (e) COUNCIL MEMBER MIKE FULLER: (1) Integrated Waste Management Authority Board - Council Member Fuller said the Siting Element is almost complete, a grant has been accepted from the State for additional household 7 CITY COUNCIL MINUTES JANUARY 23, 1996 hazardous waste collection sites, rate setting policies were discussed, and the board submitted an application to the State to have the board designated as a member of the Central Coast Recycling Market Development Zone. He said the State IWMA contacted the County board requesting its support for an initiative to add wine and liquor bottles to a list subject to redemption values. (2) Air Pollution Control Board - Council Member Fuller said the APCB would meet January 24, 1996. 13. WRITTEN COMMUHICATIOHS (1) Mayor Dougall volunteered to serve on the League of California Cities Administrative Services Subcommittee. (2) The City Manager reminded the Council of the February 3, 1996 All-cities and County Workshop. He said the deadline to respond is January 26, 1996. 14. ORAL COMMUNICATIONS Council Member Fuller asked about redevelopment in the city. The city Manager said the City had been in contact with Urban Futures asking the firm to put together an education element describing redevelopment. He said a proposal is tentatively set to come before the Council on 2/27/96. 15. ADJOURNMENT It Lady/Brandy, and the motion passed unanimously to ad . ng at 9:13 p.m. ATTEST: 8