Minutes 1996-05-14
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MINUTES
SPECIAL AND REGULAR .MEETINGS OF THE CITY COUNCIL
TUESDAY, HAY 14, 1996
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA f"
SPECIAL MEETING OF THE CITY COUNCIL I
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 Lady. Council Member
Michael Fuller was absent. Staff members present were city
Manager Robert L. Hunt and City Attorney Tim Carmel.
1. CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant Exposure, to Litigation Pursuant to
Government Code Section 54956.9(b) Involving One (1)
Potential Case
2. ADJOURNMENT
The Special Meeting was adjourned at 7:20 p.m. to the Regular
Council Meeting, May 14, 1996, 7:30 p.m., City Council Chambers.
REGULAR MEETING OF THE CITY COUNCIL
1. C}.J,J, TO ORDER
The city Council met in Regular Ses~ion at 7:30 p.m., with Mayor
Dougall presiding.
City Attorney Carmel said there were no formal actions taken in
the Closed Session of the Special Meeting.
2. AND 3. FLAG SALUTE AND INVOCATION
A representative of the Arroyo Grande Lions Club led the Pledge
of Allegiance to our Flag, and the Rev. Richard Harrison of TLC
Christian Life Center delivered the invocation.
4. ROLL CALL I
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Present with Mayor Dougall were Mayor Pro Tem Souza and Council i
Members Brandy and Lady. Council Member Fuller was absent. Staff l
members present were City Manager Hunt, city Attorney Carmel,
City Clerk Nancy Davis, Chief of Police Rick TerBorch, Community -..'
Development Director Doreen Liberto-Blanck, Associate Planner
Scott Spierling, and Finance Director David Bacon.
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5. SPECIAL PRESENTATIONS
Chief of Police TerBorch announced this is Police Memorial Week
and invited the Council and public to a Police Memorial Service
in San Luis Obispo Mission honoring California officers who lost
their lives in the line of duty.
6. AGENDA REVIEW
City Manager Hunt said the applicant on Agenda Item 10.d. had
supplied'additional information and it was distributed to the
Council.
6.A. RESOLUTIONS AND ORDINANCES READ IN 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 HEARING - ADOPTION OF CHAPTER 21 OF TITLE 5 OF THE
ARROYO GRANDE MUNICIPAL CODE ESTABLISHING ACCEPTABLE NOISE
STANDARDS
Associate Planner Spierling said the Council approved a Noise
Element Update on June 8, 1993 and since that time staff has been
working on a draft noise ordinance. He said the new ordinance
will contain noise level standards and enforcement procedures.
He said there will be an estimated cost of approximately $1,900
per year for enforcement (equipment plus staffing).
It was moved by Brandy/Lady and the motion passed unanimously
conduct the first reading of an noise ordinance adopting Title 5,
Chapter 6 of. the Municipal Code.
8. PUBLIC COMMENT PERIOD
No one. came forward to speak.
9. CONSENT AGENDA
It was moved by Souza/Lady and the motion passed (4-0-1, Souza,
Lady, Brandy, and Dougall voting aye, Fuller absent) to approve
Consent Agenda Items 9.a. through 9.q., with the recommended
courses of action.
9.a. Register of Checks/Demands. Approved.
9.b. Statement of Investment Deposits. Approved.
9.c. Liability Claim: Jeri Young. Claim Rejected.
9.d. Declaration of Surplus Equipment. Resolution No. 3140
Declaring Surplus Property to be Donated to the San Luis Obispo
County Sheriff's Department Program to Refurbish Bicycles for
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MAY 14, 1996
Needy Children was adopted.
9.e. Fee Waiver for Harvest Festival. Approved.
9.f. Fee Waiver for Peoples' Self-Help Housing C~rp. Approved.
9.g. Appointment to Mobile Home Rent Review Board: Marie Burt.
Approved.
9.h. Establishment of a Green Waste Recycling Program, Fee for
Service and Approval of an Amendment to the Current Recycling
Agreement. Resolution No. 3141 Establishing Rates for Recycling
Collection Services and Yard Refuse (Green Waste) Collection
Services was adopted.
9.i. JPA (Joint Powers Authority) with County on Safety Element.
Mayor authorized to enter into a JPA.
9. j. Adoption of Ordinance Repealing Chapter 2 of Title 5 of the
Arroyo Grande Municipal Code and Adding Thereto a New Chapter 2:
Cable Television Franchises. Ordinance No. 474 C.S. Repealing
Chapter 2 of Title 5 of the Arroyo Grande Municipal Code and
Adding Thereto a New Chapter 2 was adopted.
9.k. Amendment to Personnel Regulations. Approved.
9.1. Request to Purchase Budgeted Items; In-car Video Systems.
Approved.
9.m. Porter Field Lighting Project; Solicitation of Bids.
Approved.
9.n. Approval to Solicit Bids for a 1996 Water Truck. Approved.
9.0. Approval to Solicit Professional Services for the Design of
a Rest Room at the Elm street Center. Approved.
9.p. Recommend Council Approve the Submittal of the Disadvantaged
Business Enterprise Program Plan to Caltrans and Direct Staff to
Submit the Request for Authorization for the James Way
Restoration Project to Caltrans. Approved.
9.q. Adoption of 1996-97 Appropriation Limit from Tax Proceeds.
Resolution No. 3142 Adopting a Tax Proceeds Expenditure
Appropriation Limit for Fiscal Year 1996-1997 was adopted.
10.A. AMENDMENT TO FIREWORKS ORDINANCE PROHIBITING POSSESSION AND
DISCHARGE BY PERSONS UNDER EIGHTEEN ( 18) YEARS OF AGE
Police Chief TerBorch said the Police Department and City
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Attorney staff researched and developed the proposed ordinance
that amends the newly-enacted fireworks ordinance to prohibit
persons under eighteen (18) years of age from possessing or
discharging "safe and sane fireworks" except when under the ('"'
direct supervision of persons twenty-one (21) years of age or f
older. (
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It was moved by Brandy/Souza and the motion passed (4-0-1, i'
Brandy, Souza, Lady, and Dougall voting aye, Fuller absent) to
introduce fora first reading an ordinance Amending Title 4,
.Chapter 2 of the Arroyo Grande Municipal Code.
10. B. PROPOSED SALE OF BRUSHPOPPERS PROPERTY
City Manager Hunt said during the FY 1995-96 Budget sessions, the
City Council directed staff to investigate and report back on the
sale of the City's 5.13 acre property (used for a number of years
by the Brushpoppers Riding Club) in the unincorporated area of
the County. He said the riding club members voted in the
affirmative to purchase the property from the city. He
recommended the Council authorize staff to enter into
negotiations with the Brushpoppers Riding Club for the sale of
the property; authorize the City Manager to enter into a contract
with Malone/Anderson and Associates for anot-to-exceed price of
$800 to establish the fair market value of the property, and
direct staff to return to the Council for approval of a purchase
and sales agreement upon successful conclusion of negotiations.
Jeanne Goldman, a representative of the Brushpoppers, said she
appreciated staff's efforts to keep the club informed about the
proceedings.
It was moved by Lady/Brandy and the motion passed unanimously to
approve the recommendation of the City Manager.
10.C. AWARD OF AUDIT SERVICES CONTRACT
Finance Director Bacon said the cities of Arroyo Grande, Grover
Beach, and pismo Beach combined in requesting proposals for audit
services, with the primary motivation for the joint effort being
the possibility of enhancing the competition among audit firms by
offering a business opportunity with three cities that adjoin
each other. He said the overriding goal was to ensure quality was
improved to the greatest extent possible in a cost effective I
manner. He said staff recommends the Council authorize the City i
Manager to enter into a three-year audit services contract with I
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the independent audit firm of Terry Krieg, CPA. \
Council Members discussed the costs of Mr. Krieg's services. Mr.
Hunt said the reason Mr. Krieg's bid was higher is that he would
do most of the auditing work himself.
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MAY 14, 1996
It was moved by Dougall/Souza to authorize the City Manager to
enter into a three-year audit services contract with the
independent audit form of Terry Krieg, CPA for financial aUditing
services. The motion failed on a roll call vote with Dougall and
Souza voting aye, Lady and Brandy voting no, and Fuller absent.
Staff was directed to renegotiate the cost of auditing services
with Mr. Krieg and come back to the next Council meeting with a
report.
10. D. PRE-APPLICATION REVIEW OF GENERAL PLAN AMENDMENT AND
REZONE: KAWAOKA
Mayor Pro Tern Souza said he may have a conflict of interest on
this matter and left the dais.
community Development Director Liberto-Blanck said this pre-
application was discussed by the City Council on March 26, 1996,
at which time the Council told the applicants they could return
to provide more information on the project design. She said the
applicants have provided information for Council consideration.
Burtram Johnson, representing the applicants, spoke in favor of
using a Tract Map for development and listed the reasons a
Specific Plan was not necessary. He presented a report to the
council that critiqued statements in the Community Development
Department's staff report for this meeting.
There was Council consensus that staff be directed to meet with
Mr. Johnson and formulate a time line for developing the project
under a specific Plan. .
Mayor Pro Tem Souza returned to the dais.
10. E. A JOINT CITY COUNCIL/PLANNING COMMISSION MEETING, TO CONDUCT
A REDEVELOPMENT EDUCATION WORK~
City Manager Hunt said the Council on March 12, 1996 approved a
proposal from Urban Futures, Inc. for the implementation of a
focused redevelopment education program. He said Council has
voiced an interest in ensuring the economic vitality of existing
businesses in th~ City and the California Redevelopment Act is
one of the useful tools in assisting local businesses.
It was moved by Souza/Brandy and the motion passed unanimously
that the Council conduct a joint City Council/Planning Commission
Redevelopment Education Workshop on Wednesday, May 29, 1996 from
6:30 to 8:30 p.m.
11.A. FISCAL YEAR 1996-97 BUDGET SESSIONS
City Manager Hunt discussed the 1996-97 FY Budget Development
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Schedule. He said the Planning Commission's review of the
Capital Improvements Program is set for May 21 and the citizens'
Participation meeting for May 30. He recommended the first
Thursday in June and the three subsequent Tuesdays for budget r.
meetings of the Council ,
There was Council consensus that the meetings be held on June f
6th, 11th, 18th, and 25th to review, modify as appropriate, and
adopt the Fiscal Year 1996-97 Budget.
11.8. COMMISSIONERS' RECOGNITION DINNER
City Clerk Davis said the purpose for the dinner is to give
recognition for the countless unpaid hours
Commissioners/Committee Members/Board Members spend working on
City projects. She described the dinner arrangements, number of
persons attending, awards, and costs.
It was moved by Brandy/Lady and the motion passed unanimously to
authorize the inclusion of $1,500 in the FY 1996-97 Preliminary
Budget for a Recognition Dinner.
11.C. INTRODUCTION OF ORDINANCE FOR UNIFORM CLAIMS PROCESSING
City Attorney Carmel said there is currently a gap in State law
in that certain lawsuits do not have to have claims. He said the
City does not currently have a uniform claims procedure. He said
the proposed ordinance imposes a claim requirement on all claims
against the City for damages or money when a procedure for
processing such claims is not otherwise provided by State law.
He said under the proposed ordinance, such a claim must be
presented to the city not later than one (1) year after accrual
of the cause of action. He said this procedure will allow the
City Council to review, evaluate, and accept or reject such
claims prior to a lawsuit being filed.
It was moved by Brandy/Souza that Council introduce for first
reading an ordinance adding Chapter 11 to Title 2 of the Arroyo
Grande Municipal Code, providing for a uniform claims
presentation procedure.
12. WRITTEN COMMUNICATIONS
None.
13. ORAL COMMUNICATIONS I
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Mayor Pro Tem Souza asked if enough sites would meet the I
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requirements for City fireworks booths and the Mayor said the !
Interim Fire Chief said there would be enough sites. \".."
14. ADJOURNHENT
It was moved by Souza/Lady and the motion passed unanimously to
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adjourn the meeting at 9:30 p.m. to Wednesday, May 15, 1996, 5:30
p.m. Joint City Council and Parks and Recreation Commission
meeting.
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