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Minutes 1998-12-08 ... -, 4 . i- ~ CITY COUNCIL MINUTES TUESDAY, DECEMBER 8,1998 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 7:40 p.m. 2, FLAG SALUTE Mayor Michael A. Lady led the Pledge of Allegiance. 3, INVOCATION Reverend Paul Bautts, Bethel Baptist Church, Grover Beach, delivered the invocation 4, ROLL CALL Council/Board: X. Lady X Ferrara X. Runels X Tolley X. Dickens STAFF PRESENT. X. City Manager X. City Attorney X City Clerk X. Chief of Police X. Director of Building and Fire X. Director of Community Development X. Director of Public Works X. Director of Parks and Recreation X. Director of Financial Services - Other 5. SPECIAL PRESENTATIONS a. Lori Rai said Miss Teen Pismo Beach Brandi Dias, who lives in Arroyo Grande, was unable to be present but would attend at a later date. b. Mayor Lady announced the Arroyo Grande High School championship football ' game would be televised at 7:30 p.m, December 11th on Channel 6. 6, AGENDA REVIEW None _._-.------ ---~~_.-._- -----"- r --- . , '.)0, " CITY COUNCIL MINUTES DECEMBER 8, 1998 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Runels moved, Council Member Tolley 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.A. PUBLIC HEARING- TO CONSIDER THE PLANNED SIGN PROGRAM NO. 98- 128 AND VARIANCE CASE NO. 98-212 FOR THE SIZZLER RESTAURANT,. LOCATED AT 1170 WEST BRANCH STREET. Council Member Ferrara read a statement into the record clarifying his position relative to a potential conflict of interest regarding the Sizzler Restaurant and other sites located within the boundaries of the commercial property known as the 5-Cities Center in the City of Arroyo Grande. He said he would be participating in the Council discussion and voting on the matter. Council Member Tolley said this matter also did not constitute a conflict of interest for him. Staff said the Planning Commission recommended the City Council adopt the. resolution approving Planned Sign Program No. 98-128 and Variance No. 98-212. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady declared the hearing open and said all persons would be heard regarding the matter. The following member of the public spoke to the Council: Kirk Scott of 520 Via Vaquero said there was no need for a fourth sign, that the new sign ordinance should apply to a fourth sign, and a fourth sign would not meet the sign ordinance's parameters. When no one further came forward to speak, the Mayor closed the hearing to the floor. Council discussion: Council Members Runels, Tolley, and Dickens said they agreed with the Planning Commission recommendation. Mayor Pro Tern Ferrara said no other property in the Center had as much signage and the proposed signage is in violation of the City sign ordinance. Mayor Lady said he agreed that no additional signs were needed. Council Member Runels moved and Council Member Tolley seconded the motion to approve the Planning Commission recommendation. . 2 . ~ ~ CITY COUNCIL MINUTES DECEMBER 8, 1998 - Voice Vote X. Roll Call Vote N2.. Lady tm. Ferrara An Runels ~ Tolley ~ Dickens There being 3 A YES and 2 NOES, the motion is hereby declared to be passed. 8. PUBLIC COMMENT PERIOD The following members of the public spoke to the City Council: Keith Storton of 403 Beech Street said the new City Council is making no attempt at unity; that Council Members Runels and Tolley were experienced and deserved to be Mayor Pro Tern; and if this lack of respect for fellow Council Members continues, it will be detrimental to the Council and the City. Mike Fuller of 131 Callie Court said the actions at the December 3i'd meeting of the Council divided the City at more levels. He urged Council Members to refer back to their campaign brochure promises and work to unite the City. He said he had heard rumblings of Brown Act violations. Jan Scott of 520 Via Vaquero said Council Member Tolley was not elected as Mayor Pro Tern because he had too many conflicts of interests. Otis Page of 606 Myrtle said former Council Member Fuller was creating division in the City. He said he stood behind his EI Campo memorandum to the Council. Tim Brown of 125 Allen Street praised former Mayor Dougall for his professional attitude; was sorry to see Council Member Tolley leave the December 3rd meeting; and praised Mayor Pro Tern Ferrara for his statement on Conflict of Interest. He said the vote on the Sizzler signage shows a wedge has not been driven in the Council. Terri Johnson of Arroyo Grande said the new Council should be given time to see if it will be divided. She encouraged the members to do their best. She said both the present and former Council Members were good men who had integrity. Mayor Lady said he appreciated the comments, both positive and negative. 3 - ----_._.~._._---_..- ~--~---"---_....,--------"~- ------------.,.--,-- . '---- CITY COUNCIL MINUTES DECEMBER 8, 1998 9. CONSENT AGENDA Mayor Pro Tem Ferrara had a question concerning Consent Item 9.i. and Mayor Lady recommended he meet with the Director of Financial Services. Council Member Runels moved and Council Member Tolley seconded the motion to approve the following Consent Agenda Items 9.a. through 9.J., with the recommended courses of action. _ Voice Vote x.. Roll Call Vote A'JJ! Lady A'JJ! Ferrara A'JJ! Runels A'JJ! Tolley An Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. a. Cash Disbursement Ratification b. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility .EY.nd c. Statement of Investment Deposits d, Cancellation of December 22.1998 City Council Meeting e. Authorization to Make an Emergency Purchase of Two Computer Printers f. Award of Bid - Don Roberts Field Backstop g. Authorization to Solicit Bids - Hydroseed of Volunteer and Ikeda Fields , . h. Revised Contract with California Men's Colony (CMC) for Community Service Crews i, Report of Project Development (AB-1600) Fees - Resolution No. 3342 j. Tract 2190 (Bowen) Final Map Approval 10. CONTINUED BUSINESS: None 4 ---.-.,..- ~ CITY COUNCIL MINUTES DECEMBER 8, 1998 11.A. PROPOSED 1998 STATE TRANSPORTATION IMPROVEMENT PROGRAM (STIP) AMENDMENT TO FUND LOCAL STREETS/ROADS REHABILITATION AND RECONSTRUCTION PROJECTS Staff recommended Council: a. Approve the 1998 State Transportation Improvement Program (STIP) Amendment Program of Projects; and, b. Direct the Director of Public Works to forward the approved Program of Projects to the San Luis Obispo Council of Governments (SLOCOG). Council questions of staff: Council Members questioned the order in which the projects were listed; the possibility of the 5-Cities Center developer paving West Branch Street from Oak Park Boulevard to Camino Mercado; if there was enough money in the Sewer and Water Funds to do the Grand Avenue Phases 2 and 3, and the reliability of the various State funding sources for the street work. The' City Manager reviewed the funding sources and explained how the City planned to use the monies. Council discussion: Council Member Tolley said he agreed with Mayor Pro Tern Ferrara that Grand Avenue should be at the top of the list. He said his priorities would be Grand Avenue and Tally Ho Road. Council Member Runels said that Grand Avenue (Phase 2 before Phase 3), Tally Ho Road, and Fairoaks Avenue at Valley Road should be the priorities. He said the City should not delay three years to do the Grand Avenue work. Council Member Dickens said he would choose Tally Ho Road and Grand Avenue Phases 2 and 3, Mayor Pro Tern Ferrara said he would agree to Tally Ho Road as well as Grand Avenue. Mayor Lady said perhaps Grand Avenue Phases 2 and 3 could be done together to save money. It was moved by Council Member Tolley and seconded by Council Member Runels to move Tally Ho Road, Le Point Street to Route 227, and Fairoaks Avenue at Valley Road to the top of the priority list; and direct staff to study piggybacking Grand Avenue Phases 2 and 3. City Manager Hunt said there is a SLOCOG deadline of December 18th. He recommended authorizing staff to submit Tally Ho Road, Fairoaks Avenue, and Grand Avenue Phase 3 to SLOCOG and work out the numbers. 5 -- - -_._~---- - ------------- ~ - -.-.. - - CITY COUNCIL MINUTES DECEMBER 8, 1998 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. 11.B. MODI FICA TION TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) CONTRACT Staff recommended introducing the Ordinance amending the contract for a first reading and approving and authorizing the Mayor to sign a Resolution of Intention to amend the PERS contract. Finance Director Lynda Snodgrass said the proposal involved providing service credit under PERS for military service. Council Members asked questions concerning the cost to the City and paying PERS beyond retirement. Director Snodgrass said there is no cost to the City and the City does not pay after retirement. I Council discussion: None. Mayor Pro Tern Ferrara moved and Council Member Tolley seconded the motion to adopt a Resolution of Intention to Approve an Amendment to Contract Between . the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Arroyo Grande. _ Voice Vote X. Roll Call Vote AD. Lady ~ Ferrara ~ Runels AD. Tolley AD. Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. It was moved by Council Member Runels, seconded by Council Member Tolley, and passed unanimously to hold the first reading of the Ordinance Amending the 6 ~__"'.""'-'.._______'-'''"_,,. .n -------~----_._-----~-~_..,,-" -- CITY COUNCIL MINUTES ~ DECEMBER 8, 1998 " Contract Between the City and the Board of Administration of the Public Employees' Retirement System. 11.C. APPOINTMENT OF COUNCIL MEMBERS TO VARIOUS BOARDS. COMMISSIONS, AND COMMITTEES Staff recommended Council make appointments to the City Boards, Commissions, and Committees with Council representation. Council questions of staff: None. The following appointments were made: AGENCY PRIMARY ALTERNATE South County Area Transit (SCAT) Jim Dickens Steve Tolley Staff Representative: City Manager Council' of Governments/.!giOnal ;:,.:t.., Stev~t~lley Jim Dickens Transit Authority (SLOCOG/SLORT A) Staff Representative: Public Works Directorl Community Development Director City Selection Committee (Mayors') Mike Lady Tony M. Ferrara Staff Representative: Not AppliC?able \7 "'J:":....'... j(~ Mikelady Thomas A. Runels South San Luis Obispo County Sanitation District (SSLOCSD) Staff Representative: Not Applicable Integrated Waste Management Tony M. Ferrara Thomas A. Runels Authority Board (IWMA) Staff Representative: Community Development Director Zone 3 Water Advisory Board Thomas A. Runels Jim Dickens Staff Representative: Public Works Director County Water Resources Advisory Thomas A. Runels Jim Dickens Committee (WRAC) Staff Representative: Public Works Director Economic Vitality Corpon{iion (EVC) :~i~ -', ;.:. l - f- ,~ Jim Dickens Tony M.'Ferrara Staff Representative: City Manager {~, Air Pollution Control Board (APCD) Tony M. Ferrara Thomas A. Runels Staff Representative: Not Applicable 7 . - .--'.'.'._-----,---- -'-'---- ----- . . - - CITY COUNCIL MINUTES DECEMBER 8,1998 AGENCY PRIMARY ALTERNATE South County Youth Coalition Steve Tolley Jim Dickens Staff Representative: Chief of Police/ Parks and Recreation Director Long Range Planning Committee Steve Tolley Tony M. Ferrara Staff Representative: Community Development Director Economic Development Committee Jim Dickens Mike Lady Staff Representative: Economic Development Director/Community Development Director 12. COUNCIL COMMUNICATIONS Council Member Tolley read a letter he wrote to the Council regarding the selection of Mayor Pro Tern at the December 3rd Reorganization meeting and the importance of the Council Members working together for the good of the City. " Council Member Runels spoke about the agricultural land issue, showed the tax bill for his farmland, and said the land had been purchased from developers. Council Member Dickens said he has deep regard and respect for the other Council Members. He said the Council Member's job is to collect information and make the best decisions he can. Mayor Pro Tern Ferraro said he liked Council Member Tolley's commitment to moving forward as a Council. He said he was still committed to uniting the community and working with the other four Council Members. Mayor Lady said he was proud to be part of this Council and the former Council. He commended Council Member Tolley for his letter. 13. STAFF COMMUNICATIONS None, I i 8 .' .. . ~ . ' CITY COUNCIL MINUTES DECEMBER 8, 1998 " 14. ADJOURNMENT Council Member Runels moved, Mayor Pro Tem Ferrara seconded, and the motion passed unanimously to adjourn the meeting. Time: 9:03 p.m. ~~ " . MICHAELA. LADa-V R il~a.~ NANCY A. D IS, CITY CLERK 9 -.------ - ..-._------------ - ~--,--_.~._.- ----------..-