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Minutes 1997-12-09 I . , MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 9,1997 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A. K. "Pete" Dougall presiding. He said nothing reportable occurred in Closed Session. 2, AND 3. FLAG SALUTE AND INVOCATION Earl Gustafson, Treasurer of Five Cities Toastmasters Club 4603, led the Pledge of Allegiance to our Flag. The Rev. Robert Burnett, Oak Park Foursquare Church of Arroyo Grande, delivered the invocation. 3, ROLL CALL Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council Members Michael Fuller and Steve Tolley. Council Member Thomas A. Runels was absent. Staff members present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, Public Works Director John Wallace, Financial Services Director Lynda Snodgrass, and Public Works Supervisor Shane Taylor. 4, SPECIAL PRESENTATIONS (a) Mr. Gustafson accepted a letter of appreciation from Mayor Dougall and told about the activities of Toastmasters. (b) Lori Rai, Executive Director of the Miss Teen and Miss Pismo Beach contest, introduced Alison Ventura of Arroyo Grande. The Mayor welcomed Miss Ventura. (c) Mayor Dougall said Laraine Kashima, who is retiring from her position with the City, was unable to attend the meeting and, at a later date, would be given a Proclamation for her service to the City. 5, AGENDA REVIEW City Manager Hunt said a supplement to Agenda Item 10.b. was distributed to the Council. 6,A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY It was moved by LadylTolley 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. . , . , CITY COUNCIL MINUTES DECEMBER 9, 19972 7.A, PUBLIC HEARING - CONSIDERATION OF JUNIOR LlEN-HOLDER'S ACKNOWLEDGMENT AND CONSENT AND SUBORDINATION AGREEMENT IN FAVOR OF CALIFORNIA COMMUNITY REINVESTMENT CORPORATION AND RELATED LOAN DOCUMENTS FOR THE OAK FOREST APARTMENTS City Attorney Carmel said staff recommended the Council authorize the City Manager to execute a Junior Lienholder's Acknowledgment and Consent, Permanent Loan Subordination Agreement, Estoppel Certificate, and Modifications to the City's CDBG Deed of Trust for the Oak forest Apartments. Mr. Carmel explained the legal aspects and implications of the actions the Council was requested to take. He said Barry Efrem, project manager, Peoples' Self-Help Housing, was at the meeting to answer questions. 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 regarding the matter. Mr. Efrem told the Council about the Oak Forest Apartment project, which is a 20-unit multifamily affordable housing development located at 163 S. Elm Street. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. It was moved by Lady/Fuller and the motion passed unanimously to approve staff recommendations. 8. PUBLIC COMMENT PERIOD Otis Page, 606 Myrtle, commented on communications between San Luis Obispo Council of Governments and the City of Arroyo Grande regarding a traffic study. 9. CONSENT AGENDA Council Member Tolley said he had a potential conflict of interest on Item 9.j.and would not be voting on that item. It was moved by Fuller/Lady (4-0-1 with Fuller, Lady, Tolley, and Dougall voting aye and Runels absent) to approve Consent Agenda Items 9.a. through 9.i. and 9.1, with the recommended courses of action. 9.a. Cash Disbursement Ratification. Approved. 9.b. Statement of Investment Deposits. Received and filed. 9.c. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility Fund. Cash report accepted. Interfund Advance approved. 2 . , CITY COUNCIL MINUTES DECEMBER 9, 19973 9.d. Minutes of Special City Council Meeting of October 29, 1997. Approved. 9.e. Adoption of Ordinance Amending Title 4, Chapter 2 of the Arroyo Grande Municipal Code Regarding Fireworks. Ordinance 492 C. S. was adopted. 9.f. Adoption of an Ordinance Amending Section 6-7.04 of the Arroyo Grande Municipal Code Pertaining to Delinquent Utility Bills. Ordinance No. 493 C. S. was adopted. 9.g. Amended Agreement for Maintenance of State Highways in the City 0 Arroyo Grande. Resolution No. 3263 was adopted. 9.h. City Council Meeting of December 23, 1997. Council cancelled the meeting. 9.i. Rejection of Claim Against City: Norma D. Rodier. Claim rejected. 9.1. Don Roberts Field Project No. 80-96-05 - Final and Retention Payments to A. J. Diani Construction Co., Inc. and Contract Change Order No.3. Staff recommendations approved. It was moved by Lady/Fuller and the motion passed (3-0-1-1 with Lady, Fuller, and Dougall voting aye, Tolley abstaining, and Runels absent) to approve Item 9.j., with the recommended course of action. 9.j. Tract 2220, Central Coast Town Center Water Neutralization Proposal. Council Member Fuller requested more information on landscaping and irrigation improvement costs inside the concrete island on Grand Avenue at Halcyon Road. It was moved by Tolley/Fuller and the motion passed unanimously to approve Item 9.k., with the recommended course of action. 9.k. Grand Avenue - Halcyon Road .to Barnett Street, Project No. 60-70-90-96-7 - Progress Payment No. 5 to Whitaker Constractors, Inc. and Contract Change Order NO.4. 1 O.A. APPOINT COMMUNITY REPRESENTATIVE FOR PAVEMENT MANAGEMENT SYSTEM FUNDING AL TERNA TIVES SUBCOMMITTEE Public Works Director Wallace said on October 14, 1997, the City Council directed staff to issue a Press Release soliciting volunteers to serve on a subcommittee to overview and investigate alternative funding sources for road update and maintenance and to make recommendations to the City Council on funding alternatives. He said Richard Franks, 879 Fair Oaks Avenue, had expressed an interest in serving. It was moved by LadylTolley and the motion passed unanimously to appoint Mr. Franks to the subcommittee. 3 CITY COUNCIL MINUTES DECEMBER 9,19974 Other Subcommittee Members are: Council Member (Council Member Runels), Planning Commissioner (Fran Rondeau with Del Haney as alternate), Long Range Planning Committee Member (Bill Filippin), and Traffic Commissioner (Derril Pilkington). 10.B. APPOINT COMMUNITY REPRESENTATIVES FOR RANCHO GRANDE PARK SITE SUBCOMMITTEE Community Development Director Liberto-Blanck said on October 28, 1997, the City Council directed staff to issue a Press Release soliciting volunteers to serve on an expanded Rancho Grande Park Site Subcommittee. She said the existing Subcommittee consists of a Council Member (Mayor Dougall), Parks and Recreation Commission Member (Keith Storton), and a representative of the Rancho Grande Homeowners' Association (a nomination will be made by the Association). She said the expanded Subcommittee would consider and make recommendations to the Council on a proposed ballot measure for the June, 1998 Primary Election and related issues. Ms. Liberto-Blanck said the individuals submitting Reservoir of Citizens to Serve forms were: Velma Harris, 677 Woodland Drive; Barnett David Sachson, 391 Chaparral Lane; Tracy D. Thomas, 1152 Outland Court; Nanci Parker,129 E. Cherry Ave.; Anita Shower, Grover Beach; Holly Black, 122 Avenida De Diamante; Anthony Detweiler, 202 Avenida De Diamante, and Maurice Philips, 158 Avenida De Diamante. Council Members discussed the Subcommittee. Mayor Dougall said the members' duties would be to formulate wording for a ballot measure. Council Member Fuller said just one more person should be appointed to the Subcommittee, a time frame should be set, and Council should set the scope. Mayor Pro Tem Lady and Council Member Tolley concurred. Mayor Dougall thanked those who applied and said he agreed the scope should be limited. It was moved by Fullerffolley (3-1-1 with Fuller, Tolley, and Dougall voting aye, Lady voting no, and Runels absent) to appoint Edward F. Mullahey, 110 Rodeo Drive, as the Community Representative to the Subcommittee. Mayor Pro Tem Lady said he had voted no on Mr. Mullahey's nomination to the Subcommittee because he believed someone should serve who lives on the west side of Highway 101. 10,C. POLICY/PROCEDURE FOR CONDUCTING COUNCIL BUSINESS City Manager Hunt said at the October 14th Council meeting, Mayor Pro Tem Lady requested the Council review the City's current procedures regarding the conducting of Council business. He said staff was directed by the Council to return with a revised policy/procedure, using the City's current Rules of Procedure and material received from the League of California Cities. He said 4 CITY COUNCIL MINUTES DECEMBER 9, 19975 the proposed Policy/Procedure specifically addresses the issue of a tie vote - a tie vote is a lost motion and tie votes on the appeal of a Commission/Board/Committee or staff decision sustains the action of the Commission/Board/Committee or staff. It was moved by LadylTolley (4-0-1 with Lady, Tolley, Fuller, and Dougall voting aye and Runels absent) to adopt Resolution No. 3264 Rescinding Resolution No. 2273 and Adopting a New Policy/Procedure for the Conducting of City Council Business. 10,D. APPROVAL OF RALPH ANDERSEN CLASSIFICATION AND COMPENSATION STUDY Financial Services Director Snodgrass said the Classification and Compensation Study was initiated to evaluate the duties and responsibilities of City employees and to determine reasonable compensation based on comparison analysis. She said the Final Classification Manual provides classification levels, a guideline for job titles from clerical to management positions, definitions of the levels of supervision, and a recommended classification plan. She said an important product of the Compensation Study was the establishment of salary ranges for management employees, who were without salary ranges prior to this study. She said beginning and top steps were established to allow changes in compensation to be directly related to job performance. She said implementation of the Andersen compensation schedule will increase City costs by approximately $55,000. She said Sheila Fosberg of Ralph Andersen and Associates was present to answer Council questions. Ms. Snodgrass said staff recommended the Council: 1. Accept the Ralph Anderson Classification component of the study 2. Accept the Ralph Andersen Compensation component of the study 3. Approve, effective January 1, 1998, the Ralph Andersen Cost Implementation Schedule of October 3, 1997 4. Adopt a resolution authorizing the classification of Accounting Supervisor, Associate Planner, and Administrative Secretary positions as Management positions After Council questions of staff, Mayor Dougall invited the public to speak on the study and its proposed implementation. No one came forward to speak. It was moved by Tolley/Lady (4-0-1' with Tolley, Lady, Fuller, and Dougall voting aye and Runels absent) to approve the first three staff recommendations accepting the Classification and Compensation Study and approving the January 1, 1998 Cost Implementation Schedule of October 3,1997. It was moved by LadylTolley (4-0-1.with Lady, Tolley, Fuller, and Dougall voting aye and Runels absent) to adopt Resolution No. 3265 Adding the Positions of 5 ; , CITY COUNCIL MINUTES DECEMBER 9, 19976 Accounting Supervisor, Associate Planner, and Administrative Secretary to the List of Positions Classified as Management. 11.A, COUNTY/CITY SHARING OF DIABLO CANYON USE TAX Financial Services Director Snodgrass said staff recommended the Council authorize the City Manager to enter into an agreement with the County of San Luis Obispo regarding the sharing of use tax revenue from Diablo Canyon refueling operations. She gave background on the agreement and said companies at Diablo Canyon that make purchases from out-of-state vendors pay a use tax to the State of California. She said the use tax was allocated by the State Board of Equalization to the San Luis Obispo cities and the County. She said in 1997 the apportionment of use tax was changed and the County received the full allocation, almost $500,000. She said the City Managers of the cities met with the Interim County Administrator to discuss the situation and an agreement was proposed that would return to the cities some of what was allocated in the past. She said the proposed agreement was a generous offer from the County of San Luis Obispo to share the tax revenue for a two-year period. She said in return the cities are to support the County's effort to mitigate accelerated depreciation at Diablo Canyon. She said all cities will have to sign the agreement for it to go into effect. Council Member Tolley asked if San Luis Obispo County was the only county in the State negatively affected by the reapportionment of tax revenue. Ms. Snodgrass said yes because Diablo Canyon is located in a county area, rather than in a city. Mayor Dougall and City Manager Hunt thanked SLO County Interim Administrative Officer Clark Channing and the County for the cooperation with the Cities. It was moved by Fuller/Lady (4-0-1 with Fuller, Lady, Tolley, and Dougall voting aye and Runels absent) to approve the staff recommendation. 12. COUNCIL COMMUNICATIONS Council Member Tolley said there has been discussion by the Youth Coalition of having youth members serve on the different City Councils in the Five Cities. He said the youth would not be voting but would be involved in discussions and review of the agenda packets. He said Council Members could serve as mentors for the youth. Mayor Pro Tem Lady and Mayor Dougall said they would be interested in reviewing a report on this matter. Council Member Tolley said he would prepare a report. Council Member Fuller said he would write a report for a Council meeting in January or February on sponsoring the Economic Vitality Corporation. 6 , , , CITY COUNCIL MINUTES DECEMBER 9,19977 Mayor Dougall said the City has been active in preparing for the storm season. He said the Council committed $70,000 for creek cleaning, pond draining, and tree trimming. He said the City has had no problems with its creeks or drainage systems thus far in the season. 13. STAFF COMMUNICATIONS City Manager Hunt advised the Council that it may want to adjourn to a joint meeting of the seven City Councils in the County on January 8, 1998 in Atascadero. He said the next Arroyo Grande City Council meeting would be on January 13th. . 14. ADJOURNMENT It was moved by lady/Fuller and the motion passed unanimously to adjourn the meeting at 8:25 p.m. to the January 8, 1998 meeting of the Councils of the seven cities in the County. A, K. "PETE" DOUGALL, AYOR ~~ a- ~-d-I NANCY A. VIS, CITY CLERK 7