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Minutes 1996-04-09 , ---. MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, APRIL 9, 1996 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 in special session at 6:30 p.m., with Mayor A. K. "Pete" Dougall presiding. Present with Mayor Dougall were Mayor Pro Tem James Souza and Council Members Drew Brandy and Michael Fuller. Council Member Michael Lady was absent. Staff members present were City Manager Robert L. Hunt and city Attorney Roger Lyon. 1. CLOSED SESSION: (a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiated pursuant to Government Code section 54956.9(c) involving one potential case. (b) PUBLIC EMPLOYMENT pursuant to Government Code Section 54957: Director of Building and Fire, Director of Public Works, and City Attorney. (c) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Case name unspecified: Disclosure would jeopardize existing settlement negotiations. 2. ADJOURNMENT: The Special Meeting was adjourned at 7:20 p.m. to the Regular Council Meeting, April 9, 1996, 7:30 p.m., city Council Chambers REGULAR MEETING OF THE CITY COUNCIL 1. C]4 T ,I. TO ORDER: The City Council met in regular session at 7:30 p.m., with Mayor Dougall presiding. The City Attorney said there was one reportable action from the Closed Session. He said on item 1.(a.) the city Council approved on a 4 to 0 vote (Lady absent) to an agreement with the Integrated Waste Management Authority Assigning Causes of Action to the question of unpaid tipping fees against the City of Paso Robles. He said there were no reportable actions on items 1.(b) and 1.(C). 2. AND 3. FLAG SALUTE AND INVOCATION: The Pledge of Allegiance to our Flag was led by Ramona Chapter 1 ._M" - ......... CITY COUNCIL MEETING APRIL 9, 1996 No. 97, Order of Eastern star. The Invocation was delivered by Carl Barnes, Ward Mission Leader, Arroyo Grande Church of Jesus Christ of Latter-day Saints. 4. ROLL CAT,J, Present with Mayor Dougall were Mayor Pro Tem Souza and Council Members Brandy and Fuller. Staff members present were City Manager Hunt, City Attorney Lyon, City Clerk Nancy Davis, Director of Building and Fire Kurt Latipow, Finance Director David Bacon, Police Commander Bill Andrews, Chief of Police Rick TerBorch, Parks and Recreation Director John Keisler, Public Works Director John Wallace, and Community Development Director Doreen Liberto-Blanck. 5. SPECIAL PRESENTATIONS Mayor Dougall presented a letter of appreciation to Jacqui Ogborn of the OES for leading the Flag Salute. The Mayor introduced members of Boy Scout Troop 413 of Arroyo Grande, who attended the meeting to earn a merit badge. 6. AGENDA REVIEW City Manager Hunt said the applicants had requested a continuance of Agenda Item 10.a., staff recommending the continuance to May 28, 1996. It was moved by Brandy/Fuller and passed (3-0-1-1, Brandy, Fuller, and Dougall voting aye; Lady absent, and Souza abstaining) . 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY It was moved by Souza/Fuller and passed(4-0-1, Lady absent) that all resolutions and ordinances presented at the meeting be read in title only and all further reading be waived. 7 .A. PUBLIC HEARING - APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (TAXICAB SERVICE) City Clerk Davis said Joseph E. Brady of Central Coast Taxi-Cab Service had applied for a Certificate of Public Convenience and Necessity to operate a taxicab service in Arroyo Grande. She said if the Council approved Mr. Brady's application, he will be required to supply the City with an inspection record for the taxicabs and evidence of the required insurance as well as obtain taxi driver permits from the City for all drivers prior to the issuance of the Certificate. After being assured that all legal requirements had been met and the hearing duly noticed, Mayor Dougall opened the hearing to the floor. 2 --, - --.. CITY COUNCIL MEETING APRIL 9, 1996 Mr. Brady spoke to the Council saying he would have sufficient taxicabs in the Five cities area to keep waiting time at a minimum. When no one else came forward to speak, the Mayor closed the hearing to the floor. It was moved by Fuller/Brandy and passed (4-0-1, Lady absent) to adopt Resolution No. 3132 Granting a Certificate of Public Convenience and Necessity to Central Coast Taxi-Cab Services for the Operation of a Taxicab Service within the City Limits, contingent Upon Full and Total Compliance with All Conditions and Requirements of Title 5, Chapter 10 "Taxicabs" of the Arroyo Grande Municipal Code. 7 . B. PUBLIC HEARING - AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE ADOPTING BY REFERENCE THE UNIFORM FIRE CODE WITH AMENDMENTS REGULATING THE SA'{,R AND USE OF ftSAFE AND SANE FIREWORKSft AND ADOPTING RESOLUTIONS FOR A NEGATIVE DECLARATION AND A SCHEDULE OF FEES FOR 1996 Director of Building and Fire Latipow said at the January 23, 1996 meeting, Council directed staff to develop an ordinance that, if approved, would allow the sale and discharge of Safe and Sane Fireworks. He said because the current fireworks regulations are part of the City-adopted 1988 Uniform Fire Code, and the City is due to adopt the 1994 Uniform Fire Code (most recent edition), staff has prepared the necessary documents to update the Code including the proposed amendment to Article 78 (Fireworks). He said because of the 100 percent cost recovery of impacts related to amendment of Article 78 (Fireworks) there would be no fiscal impact on the General Fund After being assured that all legal requirements had been met and the public hearing duly noticed, Mayor Dougall opened the hearing to the floor. Camay Arad, 534 Allen Street; Maryanne Feller, 221 Tally Ho Road; Reynolds Ritchie, 571 South Traffic Way: Heather Jensen, 569 May Street, spoke against the Council allowing Safe and Sane Fireworks to be sold in the City. Speaking in favor were Peter Macy, 344 Tally Ho Road; Jan Armstrong, 629 Garfield Place; Gloria Bowles; Carl Woodard; John Kelly, Santa Fe Springs; Dennis Revel, president of Revel Communications; Jay Weintrab, 193 Deer Trail; Jim Dorsey, 579 Gularte Road; Nancy Macy, 344 Tally Ho Road, and Lisa Andrews, Oceano. 3 ~"~~.~ ~. - CITY COUNCIL MEETING APRIL 9, 1996 When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. It was moved by Brandy/Souza and passed(4-0-1, Lady absent) to adopt Resolution No. 3133 Establishing Fees and Conditions for the Granting of Permits for the Sale of Safe and Sane Fireworks. Council Member Brandy requested the ordinance be amended to say minors, less than 18 years of age, cannot be in possession of Safe and Sane Fireworks unless under the immediate supervision of an adult. City Manager Hunt said staff would return with a separate ordinance on the possession issue. It was moved by Fuller/Brandy and passed (4-0-1, Lady absent) to adopt Ordinance No. 472 C.S. Adopting by Reference the 1994 Edition of the Uniform Fire Code with Additions, Deletions, and Amendments. It was moved by Souza/Brandy and passed (4-0-1, Lady absent) to adopt Resolution No. 3134 Adopting a Negative Declaration with a Mitigation Measure and Instructing the City Clerk to File a Notice of Determination for Adoption of the 1994 Uniform Fire Code Inclusive of Fireworks-/Related Amendments. Council Member Brandy requested the City undertake an amnesty program on illegal fireworks. The City Manager said if such a program was presented to the City, staff would study implementation measures. Mr. Revel said his company would prepare an amnesty program proposal for the City. 8. PUBLIC COMMENT PERIOD: Harry Canby of Canby's Back Country Barbecue commented on the Conditional Use Permit process he would have to go through to sell barbecue in JJ's Food Market Parking Lot. Mayor Dougall asked Mr. Canby to work with staff on the matter and, if that was not satisfactory, it could be placed on a future Council agenda. Joe Costello, 1088 Robin Circle, and Rick Totah, 812 Robin Circle, spoke about negative impacts the Los Robles Del Mar project in pismo Beach would have on Arroyo Grande. They asked for Council action on the matter. The Council directed staff to prepare a staff report for April 23, 1996. 9. CONSENT AGENDA: It was moved by Brandy/Fuller and passed on a roll call vote (4- 0-1, Lady absent) to approve Consent Agenda Items 9.a. through 9.g. and 9.i. through 9.0., with the recommended courses of 4 ----"----.-------- ----.. CITY COUNCIL MEETING APRIL 9, 1996 action. 9.a. Minutes of City Council Meeting of February 13, 1996. Approved. 9.b. Register of Checks/Demands. Approved. 9.c. statement of Investment Deposits. Received and filed. 9.d. Authorize Purchase of Computer Equipment - 1995-96 FY Budget. Approved. 9.e. Purchase of Budgeted Items - Computer Equipment for Police Department. Approved. 9.f. Recommendation to Award 126" Lawn Mower Bid to Bob Hicks Turf Equipment Company, Inc. Approved. 9.g. Recommendation to Award Copy Machine Bid to Taylor Made Office Systems, Inc. and Reject the Bid for the Yearly Maintenance Agreement. Approved. 9.i. Amendment to Title 6 of the Municipal Code Establishing Regulations for Solid Waste Disposal. The Council adopted Resolution No. 3136 Adopting a Negative Declaration and Instructing the City Clerk to File a Notice of Determination for Repeal of Chapter 4 of Title 6 of the Municipal Code and Adopting a New Chapter 4. 9.j. Long-Range Planning Report. Received and filed. 9.k. Award of Bid for Two 3/4 Ton Pickup Trucks. Approved. 9.1. Field Appraisal of City Assets. Staff authorized to request proposals to appraise City assets. 9.m. Fee-Exempt Business License, Farmer. Approved. 9.n. Contract with Crawford, Multari & Starr to Prepare an Annexation study for James Annexation. City Manager authorized to enter into a standard contract. 9.0. Permission to Begin Rough Grading prior to Recordation of the Final Map - Tract 1834. Approved. 9.h. Authorization to Close City Streets and Use City Sites for Strawberry Festival. Bill Tappan, 1525 Chilton Street, said the Strawberry Festival negatively affects some businesses in the 5 - -----"..---..---....----..--, - -'. CITY COUNCIL AGENDA APRIL 9, 1996 Village. He asked the Council to consider asking the village Association to change the days of the festival to Sunday and Monday. It was moved by Souza/Fuller and passed on a roll call vote (4-0- 1, Lady absent) to adopt Resolution No. 3135 Requesting Authorization to Close City streets for the 1996 Annual Strawberry Festival. 10.A. MAINTENANCE OF GREEN BELT - TRACT 1158 At the request of the applicants, this agenda item was continued. 11.A. WAIVER. OF FEES. ARROYO va.r,T,gy CAR CLUB Police Chief TerBorch recommended the Council consider a request from the Arroyo Valley Car Club to waive fees for police services for the Custom Car Show Saturday, July 27, 1996. Chief TerBorch said since 1991, the City Council has waived the Auxiliary Police Services fee for the car show. He said this has been done on the basis that the Arroyo Valley Car Club is a community-based non- profit organization which places the majority of the funds it raises through the car show back into the community through donations to other non-profit organizations. He said many donations are to youth-oriented groups. He said the event is budgeted in the Police Department's Overtime Budget and has not been included in the Department's Cost Recovery Program. It was moved by Souza/Fuller and passed (4-0-1, Lady absent) to waive the pOlice services fees for the Arroyo Valley Car Club. 11. B. FIRST AMENDMENT TO GARBAGE FRANCHISE AGREEMENT City Manager Hunt recommended Council approval of the First Amendment to the franchise agreement with South County Sanitary Service. He said with Council approval of the amendment, the cities of Arroyo Grande, Grover Beach, and Pismo Beach will begin negotiations with the Sanitary Service on a new franchise agreement. He said the Councils of the three respective cities have appointed Council Members (Council Member Mike Fuller for Arroyo Grande) to serve as a subcommittee to meet with the Sanitary Service. It was moved by Brandy/Fuller and passed (4-0-1, Lady absent) to approve the City Manager's recommendation. 11.C. INCREASE IN FEES CHARGED TO OUTSIDE PUBLIC AGENCIES FOR WORK DONE BY ARROYO GRANDE PUBLIC WORKS DEPARTMENT Public Works Director Wallace recommended the Public Works Department Field Services Schedule be approved. He said services provided to other agencies in accordance with the fee schedule, 6 -------.._--- 124 ". CITY COUNCIL MEETING APRIL 9, 1996 generate approximately $5,000 in income each year to the City. He said the charges also include the City's indirect cost set forth in the recently adopted Cost Allocation Plan. I It was moved by Souza/Fuller and passed on a roll call vote (4-0- 1 1, Lady absent) to adopt Resolution No. 3137 Increasing and Establishing Specified Fees for Public Works Field Services. 12.. WRITTEN CQJIJU}lICATIOHS None. - 13. ORAL CO~CATIONS Mayor Dougall congtatulated Director of Building and Fire Latipow on his new position wi~h the City of HQspe~ia. 14. ADJOORNlpmT It was moved and passed by Souza/Brandy (4-0-1, Lady absent} to adjourn the meeting at 9:45 p.m. , 12. a.~ NANCY ~s t CITY CLERK f I \ 7