Minutes 2002-07-09
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JULY 9, 2002
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CAUfORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council meeting to order at 7:05 p.m.
2. ROLL CALL
City Council: Council Members Dickens, Ferrara, Lubin,. Mayor Pro T em Runels,
and Mayor Lady were present.
City Staff Present: City Manager Adams; City Attomey Carmel; Director of
Administrative Services Wetmore; Director of Parks, Recreation, &
Facilities Hemandez: Director of Public Works Spagnolo; and
Director of Community Development Strong.
3. FLAG SALUTE
Members of Knights of Columbus led the Flag Salute.
4. INVOCATION
Mayor Lady requested a moment of silenc~ in memory of Lawrence E. "Van"
Vandeveer, who served as Mayor Pro Tem and Council Member from April, 1980 -
December, 1984, and passed away on July 8, 2002.
Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Proclamation. Attained the Rank of Eagle Scout: James Tringham.
Mayor Lady presented a Proclamation to James Tringham congratulating him for
achieving the rank of Eagle Scout and recognizing his commitment, diligence, and
dedication in undertaking and completing his Eagle Scout project.
6. AGENDA REVIEW
Council Member Ferrara reported he would be attending a SLOCOG meeting tomolTOW,
which would require action of the Board, that the need to consider the item arose
subsequent to posting of the agenda, and made a motion to add an item to the Agenda
[pursuant to Govemment Code Section 54954.2(b)(2)] to obtain Council direction
regarding the issue. Council Member Dickens seconded the motion, and on the
following roll-call vote, to wit:
AYES: Ferrara, Dickens, Lubin, Runels, Lady .
NOES: None
ABSENT: None
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There being 5 AVES and 0 NOES, the motion is hereby declared to be passed. Added
to the Agenda is Item 11.a., Consideration of Opposition to HCD's Proposed Housing
Allocation Formula.
6.a. Resolutions and Ordinances Read In Title Only
Council Member Dickens moved, Council Member Lubin 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.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Patty Welsh, 1151 Pradera Court, referred to Huasna'Road>and.commentedthat the
street was becoming a used car lot with many people parking cars with "for sale" signs
on them, and asked if something could be done. .
Rena Spooner, Grover Beach, announced that the Arroyo Grande Watershed ,Forum
and Central Coast Salmon Enhancement would be conducting can informational public
meeting regarding the flood control channel on July 24th from 6:00 to 8:00 p.m. at the
Arroyo Grande Association Hall located at Highway 227 and Lopez Drive.
8. CONSENT AGENDA
Council Member Ferrara and Mayor Pro Tern Runels asked. questions of staff for
clarification regarding Items 8.d. and 8.e. Following discussion, staff was directed to
better track data on the direct benefits received from the Economic Vitality.Corporation
and Visitors & Conference Bureau.
Council Member Ferrara moved and Council Member Lubin seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the recommended courses of
action:
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period June 16, 2002
through June 30, 2002.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of June 30,
2002.
8.c. Consideration of Approval of Minutes.
Action: Approved minutes for the Special and Regular City Council Meetings of
June 11, 2002 as submitted.
8.d. Consideration of Agreement with Economic Vitality Corporation of San Luis
Obispo County.
Action: Approved an Agreement with the Economic Vitality Corporation of San Luis
Obispo County.
8.e. Consideration of Agreement with San Luis Obispo County Visitors and
Conference Bureau.
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Action: Approved an Agreement with the San Luis Obispo County Visitors and
Conference Bureau.
8.f. Purchase of Replacement Police Radio Repeater.
Action: Approved the purchaseofa Motorola. Midtier UHF radio repeater for the
. Police Department from Sterling Communications for $12,639.31.
8.g. Authorization to Solicit Bids - Parks Division Vehicle.
Action: Authorized staff to solicit bids for a 1-ton dump truck.
8.h. Consideration of Public Works Fees and Service Charges.
Action: Adopted Resolution No. 3608 approving the 2002-03 Public Worlts Field
Division Fees and Service Charges.
8.1. Consideration of Progress Payment No. 4 for the OakPwk BouIev8rd
Widening Project, Project PW-2000-01.
Action: Authorized Progress Payment No.4 in the amount of $33,557.54 to Souza
Construction, Inc. for worlt completed on the Oak Parlt Boulevard WJdenIng project.
8.j. Consideration to Award a Contract for Geographic Infonnlltlon ServIcea (GIS)
to Applied Geodetlcs, Inc.
Action: 1) Awarded a Consultant Services Agreement for Geographic . Information
Services (GIS) to Applied Geodetics, Inc. in the amount of $59,800; and 2)
Authorized the City Manager to approve change orders not to exceed the
contingency of $2,200 for use only if needed for unanticipated costs during the
project.
8.k. Consideration of Compensation Adjustment for the Fire Mechanic Position.
Action: Adopted Resolution No. 3609 approving acompensatlonedjustment of 3%
for the Fire Mechanic for Fiscal Year 2002-03.
AYES: Ferrara, Lubin Dickens, Runels, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARING
None.
10. CONTINUED BUSINESS
Council Member Lubin declared a conflict of interest on Agenda Item 10.a. and stepped
down from the dais.
10.a. Consideration to Award a Contract for the Rancho Grande Park Project -
Project No. PW 2002-03.
Director of Public Works Spagnolo presented the staff report and recommended the Council
1) Award a construction contract for the Rancho Grande Park Project to Herrera
Engineering, Inc. in the amount of $1,082,345.00; 2) Authorize the City Manager to approve
change orders not to exceed the contingency o( $1 08,235.00 for use only if needed for
unanticipated costs during the construction phase of the project; 3) Direct staff to issue the
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Notice of Award and Notice to Proceed with other necessary contract documents; 4)
Authorize staff to install a temporary meter on an existing fire hydrant and provide potable
construction water for the duration of the project; and 5) Approve an additional appropriation
of $437,500 of California State Parks Department grant money to be used on the project.
Director of Parks, Recreation, and Facilities Hernandez raviewec:Mhefunding sources for
the Rancho Grande Park project and announced a groundbreaklng: ceremony to be held on
July 22nd at 1:00 p.m. at the park site.
Mayor Lady asked for an update on the status of the three lots for sale. . Director Hem8l'ldez
responded that the lots were being approved for inclusion Into. the ,Homeowners
Association, the parcel map has been finalized, and estimated that the lots would ,be offered
for sale to the public within the next 30 days.
Mayor Lady invited comments from those in the audience who wished to be heard on
the matter, and upon hearing none, closed the public comment period and brought the
issue back to Council for consideration.
Council Member Dickens commented he was pleased with the grant funds that had been
received for the project; appreciated the breakdown of the funding sources to be used for
the project; suggested the use of any surplus funds to finish the park or for use In other park
areas in the City. He supported the award of contract.
Council Member Ferrara referred to the additional information provideclon the contractor's
experience and background (on file) and stated he was impressed With. the park projects
completed by JD Humann Landscaping, which is the firm Herrera Engineering would be
using to do the landscaping for the park. He supported the award of contract.
Mayor Pro Tern Runels and Mayor Lady expressed support for awarding the contract as
proposed.
Mayor Pro Tern Runels moved to approve staff's recommendations as proposed. Councii
Member Ferrara seconded the motion, and on the folloWing roll-call vote, to wit:
AYES: Runels, Ferrara, Dickens, Lady
NOES: None
ABSENT: Lubin
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed.
Council Member Lubin returned to the dais.
10.b. Consideration of Elect/on Issues Pertaining to the November 5,2002 Special
Municipal Election on a Bond Measure for the Expansion and Improvement of
the Fire Stat/on.
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Director of Building and Fire/Chief Fibich presented the staff report. Bond Counsel Mark
Huebsch reviewed recommended action requested of Council including 1) adoption of an
Ordinance calling and giving notice of a Special Election on the proposition of whether
bonds shall be issued and sold for the purpose of the fire station expans/onproject, ordering
the submission of a measure to the qualified voters of the Cityata.Consolldated General
Municipal Election, and establishing specifications for the Election.order,.,2)lildoptlon of a
Resolution approving . the Tax Rate Statement; 3) Adoption of a ResoIUtionisettingprioritles
for filing written arguments regarding a City measure and directing the CIty Attorney to
prepare an impartial analysis; and 4) Review, modify as appropriate, and approve the
Argument to be submitted in favor of the measure. Mr. Huebsch responded to questions
from Council regarding the language In the proposed.tax rate. statement and . related
statutory requirements.
In response to concerns expressed by Council regarding the proposed Argument In Favor
of the measure, City Manager Adams presented two additional options for consideration.
Mayor Lady invited comments from those in the audience.who.wished.to be heard on
the matter, and upon hearing none; closed the public comment'period'8nd'brought the
issue back to Council for consideration.
In response to questions from Council regarding terms for the, bond measure, Financial
Advisor Alan Miller explained that the tax rate is based on abestestimat&,aconservative
2% growth rate was used, clarified that the actual interest rates are confirmed at sale of the
bonds; explained that there is a cap on the amount of bonds to be Issued ($1.9 million); and
provided an example of the maximum cost perassessed,valuebased'onthe. maximum
allowed interest rate of 8% as compared to the cost based on the estimated Interest rate of
5.25%.
Council Member Lubin supported the need for the project and the bond measure.
Council Member Dickens commented on the need to educate the public as much as
possible regarding the estimated costs and favored Option B presented for the Argument in
Favor of the bond measure.
Council Member Ferrara expressed support for the project and the bond measure.
Mayor Pro Tem Runels supported Option B presented for the Argument In Favor of the
bond measure.
Mayor Lady supported Option B presented for the Argument In Favor of the bond measure.
Council Member Ferrara moved to adopt Ordinance No. 532 calling and giving notice of a
Special Election on the proposition of whether bonds shall be Issued and sold for the
purpose of the fire station expansion project, ordering the submission of a measure to the
qualified voters of the City at a Consolidated General Municipal Election, and establishing
specifications for the Election order. Council Member Lubin seconded the motion, and on
the following roll-call vote, to wit: .
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AYES: Ferrara, Lubin, Dickens, Runels, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Council Member Ferrara moved to adopt a Resolution approving the Tax Rate Statement
to be mailed to voters in the City of Arroyo Grande pursuant to Section 9401 of the
Elections Code (November 5, 2002, Bond Election). Council Member Lubin seconded the
motion, and on the following roll-call vote, to wit:
AYES: Ferrara, Lubin, Dickens, Runels, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
.
Council Member Ferrara moved to adopt a Resolution setting priorities for filing written
arguments regarding a City measure and directing the City Attomey to prepere an impartial
analysis. Council Member Lubin seconded the motion, and on the followlngroll-callvote, to
wit:
AYES: Ferrara, Lubin, Dickens, Runels, Lady
NOES: None
ABSENT: . None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Council Member Ferrara moved to approve the Argument to be submitted in favor of the
measure, Option B, as modified. Council Member Lubin seconded the motion, and on the
following roll-call vote, to wit:
AYES: Ferrara, Lubin, Dickens, Runels, Lady
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
11. NEW BUSINESS
11.a. ConsIderation of Opposition to HCD's Proposed Housing Altocatlon
Formula and Regional Housing Needs Plan.
Council Member Ferrara requested the Council join the other agencies within San Luis
Obispo in opposjng the adoption of the Regional Housing Needs Plan being proposed
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PAGE 7
by the California Department of Housing and Community Development ("HCD") and
seeking legislative relief. Following discussion, the Council unanimously directed
Council Member Ferrara to oppose the HCD Regional Housing Needs Plan on behalf of
the City.
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
None.
16. ADJOURNMENT
Mayor Lady adjourned the meeting at 8:45 p.m. in memory of Mr. Lawrence E. "Van"
Vandeveer.
ATTEST:
Kelly W~tmofe, Director of Administrative Services/
Deputy City Clerk