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Minutes 2002-01-08 __.__.-n._ . """'\ I MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 8, 2002, 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 Lubin, Dickens, Ferrara, Mayor Pro Tern Runels, and Mayor Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; City Clerk Nancy Davis; Director of Public Works Spagnola; Director of Parks, Recreation, and Facilities Hernandez; Director of Community Development Strong. 3. FLAG SALUTE Mayor Lady led the Pledge of Allegiance of ou.r Flag. 4. INVOCATION Pastor George Lepper of Peace Lutheran Church of Arroyo Grande delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Ferrara moved, Mayor Pro Tern 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. 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS William McCann, 575 Crown Hill, Chair of the Citizens' Committee for the Conservation of Local Agriculture; Sharlotte Wilson, Arroyo Grande; Carie Randolph, 1310 Sierra Drive; Nanci Parker, Arroyo Grande; and Ella Honeycutt, 560 Oak Hill Road, all asked the Council to reconsider its actions with regard to rezoning in the General Plan of a parcel of agricultural land off Branch Mill Road. They asked for a public discussion of the matter. They said they had circulated Referendum Petitions against the Council action in good faith and felt the petitions had been wrongly --' ----- ~, , - City Council Minutes January 8, 2002 Page 2 rejected. They referred to a letter from the CCCLA's law firm of Shute, Mihaly & Weinberger stating, "The City Clerk has a ministerial duty to accept the Referendum Petition because it complies with all procedural requirements of the Elections Code." Mr. McCann submitted his statement for the record. Paul Thorvaldsen, 538 Ide Street, spoke on behalf of the Arroyo Grande Chamber of Commerce Board of Directors, and said City Manager Steve Adams and Economic Development Director Diane Sheeley were recipients of the Chamber's Annual "Directors Award." He said the award showed the Chamber's appreciation to the City of Arroyo Grande for collaborative efforts in the past year and for being instrumental in promoting business growth and teamwork between the City and the Chamber. I Colleen Martin, 855 Olive Street, asked Council to revisit three issues that were part of the General Plan actions. They were rezoning of property in the Lierly Lane/East Cherry area, rezoning agricultural land off Branch Mill Road, and Tract 1998. She also asked the Council to listen to the proponents to the Referendum petitions. Otis Page, 606 Myrtle Street, submitted a statement for the record concerning the Referendum Petitions. He said the.petitions were misleading tothe signers. He said he had made a formal complaint to the Secretary of State regarding the Referendum Petitions. He read the law regarding petitions and said there was complete obfuscation of facts. 8. CONSENT AGENDA Council Member Lubin moved and Council Member Runels seconded the motion to approve Consent Agenda Items 8 a.m. through 8.g., with the recommended courses of action. 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period December 1, 2001 through December 31,2001. . 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of December 31, 2001. 8.c. Consideration of Approval of Minutes. Action: Approved minutes of the Special and Regular City Council Meetings of October 9, 2001, and the Special and Regular City Council Meetings of November 27, 2001, as submitted. 8.d. Consideration of Adoption of Resolution in Support of Proposition 42. Action: Adopted a Resolution in Support of Proposition 42, the Transportation Congestion Improvement Act. - -~- ----.~---- ---._,-.. - ". City Council Minutes January 8, 2002 Page 3 8.e. Consideration of Award of Contract for the Oak Park Boulevard Widening Project, Project No. PW-00-01. Action: (1) Awarded a construction contract to Souza Construction in the amount of $192,904; (2) Authorized the City Manager to approve change orders not to exceed the contingency of $23,000 for use only if needed for unanticipated costs during the construction phase of the project; and (3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary contract documents. 8.f. Consideration of Award of Contract for the March 2001 Storm Restoration Project at Rodeo Drive - Project No. PW-01-04. Action: (1) Awarded. a construction contract to Papich Construction in the Amount of $60,514.10; (2) Authorized the City Manager to approve change orders not to exceed 10 per cent of the contract amount ($6,051) 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. 8.g. Authorization to Refund Application Fees for Central Coast Salmon Enhancement Creek Clean-up and Watershed Education Fair. Action: Approved the request to waive the fees for Temporary Use Permit 01- 020. AYES: Lubin, Runels, 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. Consideration of Resolution Abandoning a 1.40-Acre Portion of Rancho Grande Park. . Mayor Lady opened the Public Hearing and said it had been duly noticed and all members of the public were invited to come forward and speak on the matter. Council Member Lubin said he had a potential conflict of interest on the issue and left the dais. Parks, Recreation, and Facilities Director Hernandez presented the staff report and said pursuant to Government Code Section 38501 et. seq., before abandoning a portion of property originally dedicated for park purposes, the City must adopt a resolution of intention describing the portion of the park to be abandoned. The City Council must also fix a time, at least 30 days after adoption of the resolution, when it -- . ~ City Council Minutes January 8, 2002 Page 4 will meet to take final action. He said the City satisfied this requirement on November 13, 2001. He said construction is anticipated to begin in April 2002. There was a Council question about what process would be used to sell the property, and Director Hernandez said the City would handle the sale. Another question concemed appraisal of the property and if a "first right of refusal" is involved. Director Hernandez said there would be a new appraisal and that a "first right of refusal" affects two of the three parcels. No one from the public came forward to speak. The Mayor closed the Public Hearing. Mayor Pro Tem Runels said he could not support the sale of parkland. He said the sale might jeopardize future City requirements of developers to donate parkland for money for a park as part of a project. Council Members Dickens, Ferrara and Mayor Lady said the City would remain with an 8.6 acre park; with the sale there would be money to build the park; the park would bE! built sooner; and most citizens want the. entire to be park built as soon as possible. It was moved by Council Member Ferrara and seconded by Council Member Dickens to approve a Resolution Abandoning a 1.40-Acre Portion of Land Designated for the Development of Rancho Grande Park, and on the following roll call vote, to wit: AYES: Ferrara, Dickens, Lady NOES: Runels ABSENT: Lubin There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. . Council Member Lubin returned to the dais. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS: 11.a. Consideration of Approval of Third Amendment to the Street Sweeping Service Agreement with Daystar Industries. . '1 City Council Minutes January 8, 2002 Page 5 Public Works Director Spagnolo presented the staff report. He discussed funding; the history of the contract, which was approved November 24, 1998; a reduction of street sweeping complaints of 23 percent; contract amendments; changes made in street sweeping days, and an analysis of the costs of in-house street sweeping seNices. He said the staff report included projected costs for street sweeping broken down into various categories. He said staff recommended approval of the amended seNice agreement for one year with the option of one additional one-year extension (subject to the prior written approval of the parties as to terms and conditions) so that the City has the ability to review the contractor's performance after each year. Mayor Pro Tem Runels asked about the dumping area used by the contractor and City Attorney Carmel s.aid the City is protected in that the contract states the dumping must be in a licensed facility and in a manner prescribed by law. City Attorney Carmel also said Section XI B. 1. 2. and 3. should be amended toincrease Comprehensive General Liability, Automobile Liability, and Workers' Compensation and Employers' Liability from $1,000,000.00 to $2,000,000.00 each. Council Members' questions included the contract increase from last year. Public Work!! Director Spagnolo said it would be approximately $2,200 annually. Mayor Pro Tem Runels asked about sweeping for newly developed areas of the City and Director Spagnolo said the potential is there for an increase after the contract is signed. No one from the public came forward to speak. Council Members said they would approve the Third Amendment to the Street Sweeping Contract on the basis of the facts that the number of complaints is down; complaints are handled satisfactorily; it would be cost-prohibitive to do sweeping in- house, and the contract can be rebid next year. It was moved by Council Member Lubin and seconded by Council Member Dickens to approve the Third Amendment to the Street Sweeping SeNice Agreement with. Daystar Industries, including the increases in insurance coverage suggested by the City Attorney; authorizing the Mayor to execute the Agreement, and on the following roll call vote, to wit: AYES: Lubin, Dickens, Ferrara, Runels, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. . . ~ City Council Minutes - January 8, 2002 Page 6 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Members Dickens said he had attended the League of California Cities Annual Conference. He distributed literature to the Council from the Friends of Action for Better Cities. He said he had copies of resolutions approved at the conference if anyone was interested. He suggested sponsoring a student delegate from the City next year. Council Member Ferrara said this was the first year for LOCC grass roots advocates and suggested inviting the City's advocate to the next joint City/County meeting. He also said he would be attending the San Luis Obispo Council of Governments meeting on January 9, 2002, and money would be reserved at this time for City improvements at Brisco Road, Highway 227, and East Grand Avenue. Mayor Pro Tem Runels and Mayor Lady said they attended. a groundbreaking ceremony for the new sheriffs' substation in Oceano. 15. STAFF COMMUNICATIONS City Manager Adams said the South County Sanitary Service (San Luis Garbage Company) had been sold recently to Waste Connections. He said San Luis Obispo County Integrated Waste Management would assist the City with the revision of the Franchise Agreement. The City Manager said the joint meeting date with Lucia Mar Unified School District and the date for a meeting of the joint cities are being worked out. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 8:25 p.m. ATTEST: Ltl~ a. fJrvH~) Nancy A. vis, City Clerk -.-.---.- -~-~- --,----