Minutes 2001-06-12
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JUNE 12, 2001
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Members Runels, Dickens, Lubin, Mayor Pro Tem Ferrara,
and Mayor Lady were present.
Redevelopment
Agency: Board Members Runels, Dickens, Lubin, Vice-Chair Ferrara, and
Chair Lady were present.
City Staff Present: City Manager Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Director of Financial Services
Snodgrass; Community Development Director McCants; Director of
Building and Fire Fibich; Director of Public Works Spagnolo; and
Chief of Police TerBorch.
3. FLAG SALUTE
Melinda Hanson, Rotary Club of Arroyo Grande, led the Flag Salute.
4. INVOCATION
Mayor Lady delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Proclamation - "Mid-State Bank & Trust "40th Anniversary".
Mayor Lady presented the Proclamation recognizing Mid State Bank & Trust's 40th
Anniversary. Jim Lokey, President of Mid State Bank, accepted the Proclamation.
5.b. Proclamation - Attained the Rank of Eagle Scout: Peter Macy, Daniel
Mannon, Todd Vansteenwyk, Jacob Weintraub.
Mayor Lady presented the Proclamations recognizing Peter Macy, Daniel Mannon,
Todd Vansteenwyk, and Jacob Weintraub for their commitment, diligence, and
dedication in undertaking and completing their Eagle Scout projects and for attaining the
rank of Eagle Scout.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
Council Member Dickens 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
JUNE 12, 2001
PAGE 2
7. CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS
Otis Page, 606 Myrtle, read into the record portions of e-mail correspondence sent to
and received from Mayor Pro Tem Ferrara.
8. CONSENT AGENDA
Council/Board Member Runels moved and Council/Board Member Lubin seconded the
motion to approve Consent Agenda Items 8.a. through 8.j., with the recommended
courses of action. City Attorney Carmel read the title of Ordinance No. 526 C.S. in Item
8.f.
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period May 16, 2001
through May 31,2001.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of May
31,2001.
8.c. Award of Contract to DMG-Maximus for Mandated Cost Recovery.
Action: Adopted Resolution No. 3532 authorizing the City Manager to enter into
a binding agreement with DMG-M,A.XJMUS for mandated cost recovery services.
8.d. Mileage Reimbursement Rate for Employees and Volunteers.
[COUNCIURDA]
Action: Established 34.5~ per mile as the employee/volunteer mileage
reimbursement rate for FY 2001-02.
8.e. Approval of Minutes.
Action: Approved minutes as submitted for Special City Council Meeting of May
31, 2001; Special City Council Meeting of May 22, 2001; and Regular City
Council/Redevelopment Agency Meeting of May 22, 2001.
8.f. Adoption of Ordinance Modifying the California Public Employees'
Retirement System (CaIPERS) Contract.
Action: Adopted Ordinance No. 526 C.S. amending the contract with California
Public Employees' Retirement System.
8.g. Confirmation of Assessments~
Action: 1) Adopted ResoJution No. 3533 confirming landscaping assessments of
forty dollars ($40) for all parcels within Tract 1158; and 2) Adopted Resolution
No. 3534 confirming landscaping and lighting assessments of one hundred
dollars ($100) for all parcels within Tract 1769.
8.h. Consideration of Salary/Benefit Adjustments for Management and Part-time
Employees.
Action: Adopted Resolution No.'s3535 and 3536 approving saJary and benefit
adjustments for management employees for FY 2001-02; salary and benefit
adjustments for part-time employees for FY 2001-02; adjusting the pay rate for
the Fire Department's Fire Mechanic; and establishing two new engineering
position classifications.
CITY COUNCIL MINUTES
JUNE 12,2001
PAGE 3
8.i. The Scenic Creekside Walk Through the Historic Village of Arroyo Grande -
Phase II, Progress Payment No.5.
Action: Authorized progress payment in the amount of $100,260.94 to R.
Simons Company, Inc. for work completed on the project.
8.j. Award of Contract for the Paulding Middle School Bicycle Lanes Project,
City Project No. PW-2001-2.
Action: 1) Awarded the construction contract for the Paulding MiddJe School
Bicycle Lanes project to R. Burke Corporation in the amount of $41,736.50; 2)
Authorize the City manage to ~pprove change orders not to exceed the
contingency of $4,200 for use only if needed for unanticipated costs during the
construction phase of the project; and 3) Direct staff to issue the Notice of Award
and Notice to Proceed with other necessary contract documents. .
Council
AYES: Runels, Lubin, Dickens, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
RDA
AYES: Runels, Lubin, Dickens, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARINGS
9.a. Conditional Use Permit Case No. 99-013 to Construct Five (5) Professional
Office Buildings, and Variance Case No. 01-001 to Deviate from the
Maximum Wall Height Requirement; Northwest Corner of Camino Mercado
and West Branch Street; Stephen Cool and Gary White.
This item was continued to the Regular City Council Meeting of July 10, 2001.
10. CONTINUED BUSINESS
10.a. Adoption of Fiscal Year 2001-02 Budget.
[COUNCIURDA]
City Manager Adams stated the Preliminary Budget for FY 2001-02 was presented and
reviewed at the Special City Council Meeting on May 31,2001. The proposed General
Fund budget is $9,699,955 and the total recommended City budget is $15,110,353. All
funds are balanced. He explained that text corrections identified by the CouncillRDA
had been made and no direction was received to modify the proposed allocations. He
stated the budget presented for City Council/RDA action remained unchanged with the
CITY COUNCIL MINUTES
JUNE 12,2001
PAGE 4
one exception of the Assistant City Engineer position salary inequity adjustment
reviewed by City Council at the May 22, 2001 Special Meeting. Staff recommended the
Council adopt a resolution approving FY 2001-02 AnnuaJ Budget.
Council Member Dickens requested clarification on the types of road segment projects
to be funded by grant funds. City Manager Adams responded that those capital projects
would be selected and prioritized by the Council based on funding available through the
San Luis Obispo Council of Governments (SLOCOG). He clarified that the projects
have to be of regional significance to qualify for the grant funds.
Mayor Lady opened up the discussion for public comments, and hearing none, brought
the issue back to the Council for consideration.
Council Member Lubin moved to adopt a Resolution adopting the Fiscal Year 2001-02
annuaJ budget and making appropriations for the amount budgeted. Council Member
Runels seconded the motion, and on the following roll-call vote, to wit:
AYES: Runels, Lubin, Dickens, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11. NEW BUSINESS
11.a. Request to Waive Water and Sewer Connection Fees for the Clark Center
for the Performing Arts.
Council Member Dickens stated that the Lucia Mar Unified School District (LMUSD) was
the co-applicant for this request, declared a conflict of interest due to his employment
with LMUSD, and stepped down from the dais.
Director of Public Works Spagnolo presented the staff report, highlighting the
alternatives available for consideration by the Council as follows: 1) Approve staff's
recommendation to deny the request to waive the fees; 2) Approve the request to waive
the fees; 3) Waive a portion of the fees based on the reduced fixture units; 4) Direct
staff to prepare an amortization agreement allowing the fees to be paid over time; or 5)
provide direction to staff.
Staff responded to questions and ,comments from Council regarding City sewer
connection fees versus Sanitation District hook-up fees; explained that the water fees
included a meter charge, a Lopez oharge, and a distribution fee; explained the sewer
benefit unit charge; clarified the required number of fixture units for the project and the
costs based on the number of fixture units; explained the City's "hard costs" versus "soft
costs"; and cJarified the Council could determine the terms of an amortization
agreement if the fees were to be paid over a period of time.
CITY COUNCIL MINUTES
JUNE 12,2001
PAGE 5
The following members of the public spoke in support of a waiver of the water and
sewer connection fees:
Clifford Clark, representing the CJark Performing Arts Center
Mike Sears, representing the Lucia Mar Unified SchooJ District
Frank Jarrett, representing the Performing Arts Association
Mike Greenelsh, 453 Tanner Lane
Peter Keith, Grover Beach resident and Arroyo Grande property owner
Hearing no further comments, Mayor Lady brought the issue back to Council for
consideration.
Council Member Lubin stated he was a strong supporter of the project and suggested
reducing the fees substantially by charging the water fees ($5,964) and waiving the
sewer connection fees ($46,474).
Council Member Runels stated that the City of Arroyo Grande was the first municipality
to step up to the plate with a donation. He commented on the intersection signal and
infrastructure improvements the City has made surrounding the project and referred to
past discussion on the issue of fee waivers. He supported Alternative #3 to waive a
portion of the fees based on the reduced fixture units.
Mayor Pro Tern Ferrara suggested approving a combination of Alternatives #3 and #4,
which would reduce the fees and allow the fees to be paid over a period of time through
an amortization agreement.
Mayor Lady commented that the City of Grover Beach had also donated $50,000 to the
project and the City of Pismo Beach may donate as well. He spoke of the benefits of
the project to the City of Arroyo Grande and supported a complete waiver of the fees.
Following further discussion regarding budget impacts, Mayor Lady moved to approve
the request by Lucia Mar Unified School District and the Clark Center to waive the water
fees of $5,964 and the sewer connection fees of $46,474 related to the Clark Center for
the Performing Arts.
Council Member Runels requested an amendment to the motion to include that this
would be the last approvaJ from this Council to waive any other fees reJated to this
project. Mayor Lady agreed to amend the motion. Council Member Lubin seconded the
motion, and on the following roll-call vote, to wit:
AYES: Lady, Lubin, Runels, Ferrara
NOES: None
ABSENT: Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
~.._~._....._..._._.~._"..~---
CITY COUNCIL MINUTES
JUNE 12, 2001
PAGE 6
11.b. League of California Cities Ballot on Grassroots Network.
City Manager Adams presented the. staff report. He explained the primary purpose of
the proposed program was to increase the effectiveness of local govemment advocacy
efforts aimed at better protecting the City's financial resources at the State level. Staff
recommended the Council approve the addition of Article XVI to the League of
California Cities by-laws relating to the establishment of a League Grassroots Network
and direct the City Manager to submit the ballot to the League of California Cities with
the "yes" vote.
Council and staff discussion ensued regarding the League's proposal and cJarification
that there is a sunset provision at which time the full Grassroots Network program will
be evaluated after five years.
Mayor Lady moved to approve the addition of Article XVI to the League of California
Cities by-laws relating to the establishment of a League Grassroots Network and direct
the City Manager to submit the ballot to the League of California Cities with the "yes"
vote. Mayor Pro Tem Ferrara seconded the motion, and on the following roll-call vote,
to wit:
AYES: Lady, Ferrara, Dickens, Runels, Lubin
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
At the request ofa member of the public, Mayor Lady reopened Agenda Item 7.,
Citizens' Input, Comments, and Suggestions.
Bernard Landsman, 579 Newman, spoke regarding the Arroyo Linda Crossroads
project, reading and submitting his correspondence into the record.
Don Gillickson, 513 E. Cherry, referred to the issue of the potential 4/5 Council vote
requirement on certain land use approvals and spoke in opposition.
Lee Webb, 116 Vista Drive, spoke regarding the representative form of government and
clarified his views for the record.
12. CITY COUNCIL MEMBER ITEMS
(a) Consideration of 4/5 City Council vote requirement for major land use changes
and prior City Council direction to refer the matter to the Planning Commission
(Lady).
Mayor Lady stated that at the last City Council meeting, staff was directed to refer this
issue to the Planning Commission for further public hearings. He stated at this time, he
felt there was no need for spending additional staff time on this issue. He spoke of the
CITY COUNCIL MINUTES
JUNE 12,2001
PAGE 7
upcoming public hearings on the General Plan Update, which would provide an
opportunity to hear input on the draft documents. He recommended that staff not
pursue this issue any further. Council Members Lubin and Runels agreed and stated
they had not changed their position on the matter from the previous meeting.
Council Member Dickens stated he had supported investigating the issue of requiring a
4/5 Council vote on major land use amendments; however, he respected the Mayor's
comments and direction. He supported bringing back the issue at a later date.
Mayor Pro Tem Ferrara stated that the priority was getting clear direction on the
General Plan and that the idea was to explore ways on how to protect the new GeneraJ
Plan. He wondered how a 4/5 Council vote was not the best form of representative
government. He stated he hoped that the Mayor would open the issue for discussion in
the future after the General Plan was adopted. He supported tabling the issue until the
completion of the General Plan Update.
Mayor Lady stated there was a significant contribution of the community in the General
Plan Update process and in the future he would be open to ideas on how to protect the
provisions of the new General Plan. There was consensus of the Council to table the
issue.
13. CITY MANAGER ITEMS
(a) Scheduling of pilot telecasts of City Council meetings
City Manager Adams asked for direction from the Council on whether the pilot teJecasts
should be of a regular or special meeting. Following discussion, Council directed staff
to schedule two pilot cable television broadcasts at regular City Council meetings, but to
target meetings with agenda items of particular interest to the public. Staff was further
directed to determine if telecasting operators would be willing to provide two additional
free broadcasts in ord~r to broadcast two GeneraJ Plan public hearings.
(b) East Branch and East Grand SLOCOG Streetscape Funding Requests
City Manager Adams gave an overview of the program, and Council directed staff to
move forward with submitting applications for streetscape funding projects for East
Branch and East Grand Avenues.
14. COUNCIL COMMUNICATIONS
Council Member Lubin thanked City Manager Adams for responding to the issue
regarding recycling for multi-family residential properties. He requested the issue be
further addressed. Mayor Pro Tern Ferrara reported on the IWMA's work plan to add
staff to address the issue. Council Member Lubin suggested that enclosures for
recycling bins should be required for new construction.
Council Member Runels reported on the status and progress of the Lopez Dam
remediation project.
CITY COUNCIL MINUTES
JUNE 12, 2001
PAGE 8
15. STAFF COMMUNICATIONS
None.
16. ADJOURNMENT
Mayor Lady adjourned the meeting at 9:26 a.m.
~ ~;f~
Michael A. Lady, ayor
ATTEST:
~ttJf)/1JL--
e, Director of Administrative Servicesl
Deputy City Clerk
--------..---..----