Minutes 1999-04-13
CITY COUNCIL MINUTES
TUESDAY, APRIL 13, 1999
CITY COUNCIL CHAMBERS
. 215 EAST BRANCH STREET
ARROYO GRANDE" CALIFORNIA
1. CALL TO ORDER
The Honorable City Council of the City of Arroyo Grande met in regular session at
7:30 p.m.
2. FLAG SALUTE
Terry Orton of Arroyo Grande Lions Club led the Pledge of Allegiance.
3. INVOCATION
The Reverend Richard Sharn, retired, delivered the invocation.
4. ROLL CALL
Council: -X-Lady -X-Ferrara --X-Runels --X... Tolley -1LDickens
5T AFF PRESENT
.x. City Manager
.x. City Attorney
.x. Director of Administrative Services
X Chief of Police
X Director of Building and Fire
II Director of Community Development .
.x. Director of Public Works
X Director of Parks and Recreation
.x. Director of Financial Services
5. SPECIAL PRESENTATIONS
a. Proclamation . Vard IkedaIY outh Basketball. accepted by the Ikeda family
b. Proclamation. Arbor Day. accepted by Dan Hernandez, Parks and Recreation
Director
c. Proclamation. Alcohol Awareness Month. accepted by Linda Shephard,
Executive Director of the Youth Coalition.
6. AGENDA REVIEW
None.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONt Y
Mayor Pro Tem Ferrara moved, Council Member Runels seconded, and the motion
passed unanimously that all resolutions and ordinances presented at the meeting
shall be read in title only and all further reading be waived.
CITY COUNCIL MINUTES
APRIL 13, 1999
7. PUBLIC HEARINGS
None.
8. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
a. Dr. Guenther Mayer-Harnisch read a statement from a Baha'i Faith publication
about the equality of men and women,
b. Sharlotte Wilson of 802 Bambi Court asked the Council to consider televising the
Council meetings. Mayor Pro Tern Ferrara directed the Administrative Services
Director to speak to Ms. Wilson about action the City is taking to improve
communication with the public,
c. C.Z. Brown of 350 Old Ranch Road spoke to the Council regarding the use of
park in-lieu fees in the City and the fees collected in relationship to Rancho Grande
Park, He said he was concerned that in-lieu fees that were for Rancho Grande Park
were spent on the Soto Park Complex, He recommended an objective legal
interpretation of the Quimby Act by the City Attorney regarding the use of park fees
and: .
(1) An accounting of how these collected funds have been expended
(2) If there an obligation by the City to return unused park fees to the property
owners?
(3) In the future, if there are park fees collected from a specific project, the property
owner~ or the developer need to be clearly advised just where those funds will be
expended. .
(4) Royal Oaks and La Barranca property owners should be advised as to what
happed to the park fees and current scheduling and funding for the Rancho Grande
Park.
(5) Clarify whether Ottse, Inc, has an option to buy the 10-acre parcel back for
$118,000.
Mayor Lady directed staff to respond to Mr. Brown's comments.
d, Richard Venable, 849 Mesa Drive, asked the City to be more specific and give
more detail about what it is doing about the Y2K Problem. He said' he was
particularly concerned about Sewer Pump Station No.4, which is located near his
home.
Council Member Tolley and Mayor Lady said they would like updates on the Y2K
Problem and Mayor Pro Tern Ferrara said there is a need to address the embedded
chip issue as they relate to Public Works items.
9. CONSENT AGENDA
Council Member Runels moved and Council Member Dickens seconded the motion
to approve Consent Agenda Items 9.a. through 9.j" with the recommended courses
2
CITY COUNCIL MINUTES
APRIL 13,1999
of action. City Attorney Carmel read the title of Ordinance No. 502 C. S. in Consent
Agenda Item 9.i.
9.a. Cash Disbursement Ratification
9.b. Cash Flow Analysis/Approval of Interfund Advance, From the Sewer Facility
Fund.
9.c. Statement of Investment Deposits.
9.d. Minutes of City Council Meetings of March 23 and 26,1999.
9.e. Donation of Historical Records to South County Historical Society. Resolution
No. 3353.
9.f. State/City Cooperative Agreement #05-CA-0099 for Opticom Detection Devices
on Each Branch Street (State Route 227)/Mason Street Intersection, Project No. 90-
99-2. Resolution No. 3354,
9.g. Authorization to Close City Streets, Use City Property, and Waive Fees for
Police Services for the Arroyo Valley Car Show on Saturday, July 31, 1999.
Resolution No. 3355.
9.h. Fall 1998/99 Slurry Seal Project, City Project No. 90-98-4, Progress Payment No.
1.
-
9.i. Adoption of an Ordinance of the City of Arroyo Grande Designating the City
Engineer as the Official with the Authority to Approve Final Maps. Ordinance No.
502 C.S.
9.j. Rejection of Claim Against City.
- Voice Vote
...x. Roll Call Vote
.A.yJL Lady
.AyJL Ferrara
.AyJL Runels
.AyJL Tolley
.AyJL Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
3
---"---_._--- -
CITY COUNCIL MINUTES
APRIL 13, 1999
10.A. GENERAL PLAN UPDATE: REPORT OF LONG RANGE. PLANNING
COMMITTEE AND GENERAL PLAN CORE OUTREACH TEAM
Interim Community Development Director Henry Engen said it was the
recommendation of the Long Range Planning Committee and the General Plan Core
Outreach Team that the Council provide direction on the next step in the progress
of the General Plan Update.
Mr. Engen gave a history of the "Citizens' Planning Survey" developed by the
Committee and Team, He said more than 1,000 surveys were returned by citizens.
He said results of the survey were in the staff report.
Mayor Lady invited the public to speak about the direction the City should take on
the General Plan Update, The following persons spoke:
(1) Mary Von Achen, a resident of Brady Lane off EI Campo Road near Falcon Ridge
in the County. Ms, Von Achen said she was accompanied by her brother, Pat
Williams. She said their family owns 200 acres of property located East of US 101
directly adjoining and contiguous to the Frederick property. that has been
considered for annexation by the City. She suggested it would benefit the City to
also annex her property. She discussed the importance of constructing an
interchange on Highway 101 to provide access to the annexed property. She said
her family was in the process of contracting with a local engineering firm to work
on the preparation of a Specific Plan.
(2) Tim Brown, 125 Allen Street, spoke to the Council about his plan for proceeding
with the General Plan Update, as follows: -
(a) Assess the survey and workshop results.
(b) Based on that assessment, create a single land use plan, using as a
starting point Map A,
(c) Have the Community Development Director act as a facilitator in leading
the Long Range Committee and Core Outreach Team in drafting the
plan. The group should report back to the Council in 60 days.
(d) Assuming the plan is approved by the City Council, give it to the General
Plan Update consultants for a final draft of the General Plan.
(e) If the Long Range Committee and Core Outreach Team cannot draft a
plan, let the consultants prepare a land use plan acceptable to Council.
(3) Nan Fowler, 630 Cerro Vista Circle, Chair of the board of the Chamber of
Commerce and a Grand Avenue business owner, said the Chamber suggested that
while the Council is discussing the ongoing Update of the General Pla.n it look at
the area of the Fiscal Economic Analysis, She said $50,000 already has been
allocated to develop a Fiscal Economic Analysis for the City. She said there would
be merit in expanding that scope of study to include the development of an
economic strategy. She said with all the background available from numerous prior
studies, it would be cost effective to have the consultants compile the existing data
4
_.._-----~~~-_.._..~-- -._-
CITY COUNCil MINUTES
APRil 13, 1999
into not only a fiscal analysis but also to develop an economic strategy. She said
there has been thousands of dollars spent on these studies and it would be a waste
not to use them. She said it would be an efficient way to get added value for the
dollars we are spending for this General Plan Upda~e. She gave the Council a
memorandum from the Chamber on this subject.
(4) Kevin Ferguson, 605 Village Court, said he was concerned with some of the
zoning proposed for the Arroyo Linda project,
Council Member Tolley questioned Mr. Brown about his suggestions and whether a
staff member or the consultant should facilitate the long Range Committee/Core
Outreach Team discussions. Mr. Brown said his main concern was to save the City
time and money.
(5) Kirk Scott of Arroyo Grande said he also was concerned about how much
money was being spent.
(6) Mike Titus, 404 Lierly, said there is plenty of data to update the land use element
and he was reluctant to spend more funds on the consultants.
(7) Colleen Martin, 855 Olive Street, and Dr. Ed Gordon, 272 Tempus, said they
agreed with Mr. Titus,
(8) Otis Page, 606 Myrtle, said consultants were not needed and that if the
CommitteelTeam group "gets it wrong," it will hear about it.
-
(9) Howard Mankins, 200 Hillcrest Drive, said the real issues will come out when the
hearing process beings, He said the remainder of the money should be used in
getting to the hearing stage, He said the Council should carefully consider Ms.
VonAchen's remarks,
(10) Mr. Titus asked if the consultants had been moving ahead on the other
elements.
Mayor lady closed the discussion to the public and the Council began
consideration of the General Plan Update process.
In response to questions from 'Council Members Tolley and Runels, the City
Manager described the economic development portion of the consultants'
proposed work program, He said if the City directed the consultants to develop a
specific economic development strategy, it would require a modification to the
Envicom contract.
Council Member Dickens said the long Range Planning Committee and the Core
Outreach Team need to decide what the land Use Element will contain. He posted
a map of the City on the wall with blue areas representing indecisive issues. He
5
CITY COUNCIL MINUTES
APRIL 13, 1999
said he had seen a General Plan prepared by Envicom for the City of American
Canyon and it was well-written and professional.
Mayor Pro Tern Ferrara, Mayor Lady, and Council Member Dickens said they
believed the Committee, Team, and staff could do the work on the Land Use Plan.
Council Member Dickens said other members of the public should be welcomed at
the CommitteelTeam meetings, He said objectives should be identified first.
Council Member Tolley said he favored having the consultant facilitate the
discussions. All Council Members said it was necessary to stick to a time frame
and move forward in a timely manner. Council Member Runels said the economic
issue should not delay the update.
In response to a Council question, Interim Director Engen said he would not have
time to act as facilitator. City Manager Hunt said the process would not move
expeditiously if staff were to draft the elements.
After considerable discussion, Council Member Tolley moved and Council Member
Runels seconded the motion to send the matter back to the Long Range Planning
Committee/Core Outreach Team to meet within the next three weeks to discuss the
role of the consultant, ask the consultant for a revised scope of work, and report
back to the Council on the status of the CommitteelTeam's effort within
approximately 60 days.
- Voice Vote
JL Roll Call Vote -
-
-AysJ. Lady
....An Ferrara
-An Runels
-An Tolley
~ Dickens
There being 4 A YES and 1 No, the motion is hereby declared to be passed.
11.A. AUTHORIZATION TO FORM AN ECONOMIC TASK FORCE TO DEVELOP AN
ECONOMIC DEVELOPMENT PLAN
City Manager Hunt said staff recommended the City Council authorize the formation
of an Economic Task Force and select a Council Member to serve thereon.
Mayor Pro Tem Ferrara gave background on what has been done in t~e City
concerning Economic Development. He said considerable work has already been
done and there is a foundation for establishing a formal Economic Element of the
General Plan, He said a task force should be developed to work on the Element.
He said David Spaur, president of the Economic Vitality Corporation, was present to
speak about some core values that need to be understood,
6
.~-_._---_..._-_._..._- -
CITY COUNCIL MINUTES
APRIL13,1999
Also speaking to the Council were Heather Jensen, Chamber Executive Director,
who said there is merit in having an Economic Development Task Force, that the
Task Force would benefit from guidance of a professional economic development
director, and that before the Task Force is established there should be specific
policies for the composition of its membership. She said the Chamber
recommended the following:
(a) One City Council representative and one Planning Commissioner
(b) Two representatives from the Chapter Board plus the Chamber CEO
(c) The City manager, Financial Services Director, and Community
Development Director
(d) A School Board Member and the Superintendent of Schools
(e) An Agribusiness representative
(f) A Utilities representative
(g) A Health Care representative
(h) A Financial representative
(i) Two representatives at large
Upon question by Mayor Pro Tem Ferrara, City Manager Hunt said initial steps were
taken to recruit an Economic Development Director for the City but the response to
the recruitment effort was unsatisfactory.
Ms. Jensen said much work has already been done and the Business Plan and the
Marketing Plan could be put into a Strategic Plan.
-
There was discussion of the formation of an Economic Task Force and the work of
the Long Range Planning Committee/Core Outreach Team starting at the same
point in time. Mr. Spaur said the timing was good, that the Economic Development
Plan recommended by the Chamber should be expedited, and the General Plan
Update 'consultant should be asked to work it into the Update.
Council Member Runels said he hoped the Council would be committed to fast
tracking new businesses in the City.
Mr. Brown said the information gathered in past years should reflect the thinking of
the current community at large.
Ms. Jensen said 80 percent of economic development is keeping the current
business community working, Mayor Pro Tem Ferrara said the economic plan
could contain headings on redevelopment, supporting the existing business
community, and things that are important to Arroyo Grande. He said goals could
then be established, and an implementation ~trategy drafted.
Mike Frederick, president of Arroyo Linda Corporation, said he hoped the economic
development proposals would not hinder the progress of his development. Council
7
CITY COUNCIL MINUTES
APRIL 13, 1999
Member Runels said the Frederick development was exempted from the General
Plan Update. Other Council Members agreed that the development should not be
delayed by the economic plan,
City Attorney Carmel said it was up to the Council as to how much it wanted to ,
involve the Frederick annexation in the development of an economic plan process, I
but it would be naive to say there is no relation between the two. He said the
Fredericks are free to move ahead with their application for a General Plan
Amendment but he did not see how Council could separate a proposed annexation
of that level from Council's economic policies and the proposed Economic Task
Force.
It was moved by Mayor Pro Tern Ferrara and seconded by Mayor Lady that Council
recommend the formation of an Economic Task Force, that the City begin with the
recruitment of positions as described in the April 13, 1999 Arroyo Grande Valley
Chamber of Commerce memorandum distributed to Council, that staff be directed
to explore the feasibility and the budget to bring on board an Economic
Development Director, and that there be a connection as soon as possible between
the formation of the Task Force and the General Plan Update process.
- Voice Vote
L Roll Call Vote
..AyjL Lady
.AyJL Ferrara
kJ1i. Runels -
~ Tolley
~ Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
11.B. ADOPTION OF' UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING
PROCEDURES ACT
Public Works Director Spagnolo said staff recommended the Council:
(1) Adopt a Resolution authorizing the City to utilize the California Uniform Public
Construction Cost Accounting procedures;
(2) Introduce for first reading the Ordinance to provide for bidding procedures
pursuant to the Uniform Public Construction Cost Accounting Act; and
(3) Direct the Department of Administrative Services to notify the Office of State
Controller, in writing, of the City's decision to become subject to the Uniform Public
Construction Cost Accounting Act and forward a copy of the adopted resolution.
Mr. Spagnolo said the Uniform Public Construction Cost Accounting Act allows a
City to increase the amount of construction that can be accomplished using City
8
CITY COUNCIL MINUTES
APRIL 13, 1999
work forces, and also raises the monetary ceiling for projects that must be formally
bid.
After Council questions of staff, it was moved by Council Member Runels and
seconded by Council Member Dickens to approve Resolution No. 3356 Electing to
Become Subject to Uniform Public Construction Cost Accounting Procedures.
Voice Vote
X Roll Call Vote
Aye Lady
Aye Ferrara
Aye Runels
Aye Tolley
Aye Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
Council Member Tolley moved and Mayor Pro Tern Ferrara seconded a motion to
introduce for first reading an Ordinance Repealing and Replacing Section 2-4.02(c)
of Chapter 4 of Title 2 of the Arroyo Grande Municipal Code.
Voice Vote
X Roll Call Vote
X Lady - -
X Ferrara
X Runels
X Tolley
X Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
John Keen of the Planning Commission urged the Council to give preference to
local contractors when the City is not going to do its own work. C.ouncil Members
said that preference was in place already.
11.C. AUTHORIZATION TO ADD AN ASSOCIATE PLANNER POSITIO~ TO THE
COMMUNITY DEVELOPMENT DEPARTMENT
City Manager Hunt said staff recommended the City Council authorize the addition
of an Associate Planner position to the Community Development Department. He
said the position is needed because one of the Associate Planners is on medical
leave.
9
CITY COUNCIL MINUTES
APRIL 13, 1999
Council Member Runels moved and Council Member Tolley seconded the motion to
authorize the addition of an Associate Planner position to the Community
Development Department.
Voice Vote
X Roll Call Vote
X Lady
X Ferrara
X Runels
X Tolley
X Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
12.A. COR~ESPONDENCE FROM OCEANO COMMUNITY SERVICES DISTRICT
REGARDING AN EXPLORATORY COMMITTEE TO EVALUATE THE FORMATION OF
A JPA OR SPECIAL DISTRICT TO OPERATE LOPEZ DAM
(1) Council Member Runels introduced Noel King, Deputy San Luis Obispo County
Engineer-Administration, who referred to a letter to the County from Rick Searcy,
President of the Oceano Community Services District, proposing the fQrmation of a
JPA or Special District to operate Lopez Dam and its associated recreational
facilities.
Mr. King listed concerns about considering the formation of a JPA or Special
District and refuted the points made by Mr. Searcy.
Council Members discussed the proposal with Council Member Runels, who is the
City representative on the Zone 3 Board, Council Member Runels recommended
not going forward on the issue at this time because of the dam retrofit that ,Is
underway, the Arroyo Grande Creek water rights discussion, and the problem with
flow in the main water line.
Mayor Pro Tern Ferrara said there were too many problems Involved with forming a
JPA to operate the dam.
Council Member Tolley made a motion and Council Member Dickens seconded the
motion to file the request from Mr. Searcy and take no further action.
X Voice Vote
Roll Call Vote
. .
X Lady
X Ferrara
X Runels
X Tolley
10
- -----.---..-...-.-- "-~----~~,-,-~,,-"--_.._--
CITY COUNCIL MINUTES
APRIL 13, 1999
X Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
(2) Council Member Tolley requested the City clean up mud on the sidewalks on
Fair Oaks Avenue near the agricultural land.
(3) Mayor Pro Tern Ferrara asked when the draft ordinance brought to the Council
by Chris Ivey was going to be on the Council agenda. Mr. Hunt said the issue was
going to be considered by the Planning Commission at its meeting of May 4th.
(4) Council Member Runels asked that the issue of the canopy over the barbecue pit
at the Community CenterIWoman's Club be revisited.
(5) Council Member Runels asked for consideration of holding the City Council
meetings at an earlier time, The City Manager said he would put the matter on the
next City Council meeting agenda.
(6) Council Member Runels said he and the City Attorney attended a meeting in
Nipomo on ground water, He said there was consensus that the five entities should
form an united legal front. He said the five entities are Arroyo Grande, Oceano,
Grover Beach, Pismo Beach, and the farm community. He suggested the three
South County City'Managers discuss the matter.
14. ADJOURNMENT
-
Council Member Runels moved and Council Member Tolley seconded the motion to
adjourn the meeting,
Time: 10:50 p.rn,
~ /1:54 ~
MICHAEL A. LADY, MAYOR
ATTEST:
'1l~ a.~
NANCY A, DAVIS, ADMINISTRATIVE SERVICES DIRECTOR
11