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Minutes 1995-05-23 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 23, 1995 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The city Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor A. K. "Pete" Dougall presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Cub Pack 425, Scorpion Patrol, Ray Monson, leader, led the Pledge of Allegiance to our Flag, and the Rev. Phil Coleman of Oak Park Foursquare Church delivered the invocation. 3. ROLL CALL Present with Mayor Dougall were Council Members Drew Brandy, Michael Fuller, Michael Lady and James Souza. Staff Members present were Interim City Manager Rick TerBorch, Assistant City Attorney Tim Carmel, City Clerk Nancy Davis, Interim Public Works Director John Wallace, Finance Director David Bacon and Current Planner Scott Spierling. 3.A. REOUEST TO ADD AN EMERGENCY ITEM TO THE AGENDA Mr. TerBorch said pursuant to Government Code section 5495.2(b)(2), there was a need to take immediate action to place on the agenda an item concerning a State Assembly Constitutional Amendment against State mandates. It was moved by Lady/Fuller to add to the Agenda Item 9.1 concerning a State Assembly Constitutional Amendment against . unfunded state mandates on local governments. Council Members Lady, Fuller, Souza and Brandy, and Mayor Dougall voted aye. 4. ORAL COMMUNICATIONS None. 5. SPECIAL PRESENTATIONS-PROCLAMATION, "NATIONAL PUBLIC WORKS WEEK." MAY 21 - 27, 1995 Mayor Dougall presented a letter of appreciation to Scorpion Patrol, Cub Pack 425, for its participation in the Flag Salute ceremony at this meeting. Mayor Dougall presented a "National pUblic Works Week" proclamation to John Smith, president of the local Public Works Association. 6. CONSENT AGENDA It was moved by Brandy/Lady, and the motion passed unanimously to approve Consent Agenda Items 6.a, 6.b. and 6. e. , 1 CITY COUNCIL MINUTES MAY 23, 1995 with the recommended courses of action. 6.a. May 9, 1995, City Council Minutes. Approved. 6.b. City's Subdivision Review Process Pamphlet (Draft). Information. 6.e. Execution of Park and Ride Agreement with CalTrans. Approved. It was moved by Souza/Lady, ---- and the motion passed unanimously to approve Consent Agenda Items 6.c., 6.d. and 6. g. , with the recommended courses of action. 6.c. Water Neutralization Program; Five cities Swim Club; 425 Traffic Way. Approved. Council Members Souza and Brandy asked questions about how future participants will be recruited for the Water Neutralization Program and how current participants will be monitored in their water savings. The Interim Public Works Director said the Water Neutralization Program is taking effect and the city is saving water. He said the City's program is not very consolidated and a more formal program is needed if the Council wants to continue the policy of requiring water neutralization. He said there is only a minimal amount of monitoring. He said in the overall big picture, water neutralization programs do reduce the consumption of water. 6.d. Award of Bid; project No. 60-70-95-1; Replacement of Water and Sewer Improvements in Mason, Poole and Whiteley Streets, and Related Pavement Reconstruction; Public Works Department; Budgeted Item. Contract awarded to low bidder. Council Member Souza said he was concerned about the wide spread in the bid amounts. Mr. Wallace said the spread reflected what is happening in the industry. He said the winning contractor's record had been reviewed and found satisfactory. He said extras funds can be used to do additional work. 6.g. 1995/95 and 1996/97 Animal Regulation Contract. Approved. Council Member Fuller asked about the cost of Package A of the Proposed contract Packages. Mr. TerBorch said Package A would be worthless to the City, and that Package B would take care of most of the needs of the city. 6. f . Declaration of Surplus Property. Approved. 2 , 481 CITY COUNCIL MINUTES MAY 23, 1995 It was moved by Souza/Lady to approve Resolution No. 3074 Declaring Surplus Property. Voting aye were council Members Souza, Lady, Brandy, Fuller and Mayor Gallagher. 7. REGISTER OF CHECKS It was moved by Brandy/Souza, and the motion passed unanimously to approve Cash Disbursements in the amount of $616,100.62, as listed in the May 18, 1995, staff report of Finance Director Bacon. 8. PUBLIC HEARING - AMENDMENT TO TITLE 6, CHAPTER 5 OF THE MUNICIPAL CODE REGARDING RECREATIONAL VEHICLES: CITYWIDE. Mr. Spierling referred to the May 23, 1995, staff report of the Planning Director. He said the Planning commission recommended that the city Council adopt the new Municipal Code Title 6, Chapter 5 "Recreational Vehicles." He said Chapter 5 was originally adopted in 1954 and entitled "House Trailers." He said citizen complaints about RV's led to the realization that the ordinance was severely outdated. He said changes to the ordinance include the terms used in the ordinance, private property parking changes, parking on City streets, using an RV for living quarters, removal of wheels and license plates, and utilities. He said the revision will make the ordinance consistent with State law and City codes, and will not significantly increase regulation, but allow correction of public health, safety and welfare concerns that are not addressed in the existing ordinance. 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 regrading the matter. DICK FRANKS, 879 Fairoaks, said he supported the re-writing of the RV ordinance. He gave instances of flagrant misuse of RVs in the city. He said at present the city does not have the laws to correct these misuses. LARRY ANDERSON, Ruth Ann Way, brought up the issue of RVs being parked on vacant lots for long periods of time, with the lot owners' permission. Mr. Spierling said there are not provisions in the new ordinance to prevent this. Assistant city Attorney Carmel said if the Council wished to include language in the new ordinance to cover Mr. Anderson's concern, it should be done before the ordinance is introduced. Council Members asked questions of staff. There being no further public discussion on the matter, Mayor Dougall closed the 3 482 CITY COUNCIL MINUTES MAY 23, 1995 hearing to the floor. Council Member Brandy expressed concerns about property owners parking their own RVs on their own lots. There was extensive Council discussion about property values and allowing property owners to park their RVs for a limited amount of time. Council consensus was that the empty lot owner could park his/her RV on the lot for 90 days before it would become necessary to pull a building permit or remove the RV, with only storage, not occupancy being allowed. Enforcement was brought up by Council Member Brandy, and Mr. Carmel said typically there are several warnings before a ticket is issued. Mr. TerBorch requested that staff be directed by the Council to revise the ordinance amendment and return at the next Council meeting. ~,' It was moved by Lady/Brandy, and the motion passed unanimously to continue this agenda item to June 13, 1995. 9.A. REPORT/UPDATE ON THE SWINGING BRIDGE Mr. Wallace referred to his May 18, 1995, staff report, and said progress on the swinging Bridge continues to be excellent. He said the bridge was load-tested for 50,000 pounds. He said the bridge would be opened Friday, May 26, 1995. 9.B. UPDATE ON GENERAL FUND REVENUES AND EXPENDITURES: FINANCE DIRECTOR Mr. Bacon referred to his May 18, 1995, staff report, "Update on General Fund Revenues and Expenditures." He said projections to June 30, 1995, continue to look promising, expenditures in the General Fund are no more than budget, and revenues are running at a rate above estimates for the year. 9.1. RESOLUTION SUPPORTING ASSEMBLY CONSTITUTIONAL AMENDMENT 7 PROHIBITING UNFUNDED STATE MANDATES ON LOCAL GOVERNMENTS Council Member Fuller asked the Council to support Assemblyman Tom Bordonaro and Assembly Constitutional Amendment 7. He said Assemblyman Bordoraro needed word of the City's support of the amendment by May 24, 1995. He said the amendment states that if a State Legislature mandate to local government is not being sufficiently funded, then the Commission on State Mandates will notify the legislature of this deficiency, and the Legislature will have until the next fiscal year to provide the adequate funding. It was moved by Fuller/Brandy to approve Resolution No. 3075 Supporting Assembly Constitutional Amendment 7. Voting aye were Council Members Fuller, Brandy, Souza, Lady and Mayor Dougall. 4 '--' . 483 CITY COUNCIL MINUTES MAY 23, 1995 10. REPORTS 1. South San Luis Obispo County Sanitation District Mayor Dougall said the plant is running well, and the board of directors is discussing budget issues. 2. South County Area Transit (SCAT) Council Member Lady said he was elected chair of board of SCAT. He said the contract with Santa Barbara Transportation was being discussed, as were unmet transportation needs such as new bus stops on the Nipomo Mesa. He reviewed the San Luis Obispo Regional Transit Authority meeting and said costs for ridership were being addressed. He said there is a Summer Youth Bus Program that costs riders $15 for 15 weeks. He said a special budget session and workshop was held. 3 . Council of Governments (COG) Council Member Lady said the COG discussed a rail connection for the San Diegan extension in San Luis Obispo County, a regional Internet connection, and a north county feasibility study. 4. Integrated Waste Management Authority (IWMA) Board Council Member Fuller said there was no report, but that the City of Atascadero is now a member of the board. 5. Air Pollution Control Board Council Member Fuller said there was no report. 6. Zone 3 Water Advisory Committee and 7. County Water Resources Advisory Committee council Member Brandy said Lopez Lake is 95 percent full, and water releases from the dam have created some good gravel beds for the Steelhead. He said water rights to Arroyo Grande Creek are being disputed in court, and releasing two cubic feet of water per day will be discussed in the near future. He said the report on the seismic safety of Lopez Darn will be given in July, 1995. He said, the advisory board feels it should have more input on the County budget to ensure that it is getting its money's worth. 8. Long Range Plan Update Committee Council Member Souza said Mr. Wallace gave a report on Public Works items at the meeting, and discussed the City retrofit program and whether or not it should be a formal policy 5 4'84 CITY COUNCIL MINUTES MAY 23, 1995 of the Council. Council Member Souza said he felt it was an important issue. He said costs of water were listed by Mr. Wallace as follows: Lopez Water - $300 per acre foot Well Water - $100 to $150 per acre foot Recfaimed Water - $1,200 per acre foot Desalinized Water - $1,500 to $2,500 per acre foot council Member Souza said Mr. Wallace discussed a prioritized list of road improvements that need to be made in the' city. 9. Chamber of Commerce Economic Development Committee Council Member Souza said there was no meeting report, but the committee had worked on a recruitment package for Trader Joe's for possible location at the K-Mart Center. 10. Coordinated Agriculture Support Program (CASP) council Member Souza said there was no report. 11. WRITTEN COMMUNICATIONS None. 12. ORAL COMMUNICATIONS Mayor Dougall asked the Council if it would like to discuss at a future meeting rescinding the ban on fireworks in the city. It was decided that the matter would be put on the June 13, 1995, agenda. 13. CLOSED SESSION The Council adjourned at 8:45 P.M. to a Closed Session on the following: a. Public Employment: City Manager Government Code Section 54957 b. Conference with Labor Negotiator:G.C. section 54957.6 Agency Negotiator: Rick TerBorch, Interim City Manager Represented units: Service Employees' Interna- tional Union Local 817; and Arroyo Grande Police Officers Association 14. ADJOURNMENT The Council reconvened at 9:50 P.M. and immediately adjourned, on the unanimously approved motion of Lady/Souza. No 6 . . . 485 CITY COUNCIL MINUTES MAY 23, 1995 action was taken by the Council after the Closed Session. ATTEST: 7