Minutes 2002-03-26
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 26, 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 7:14 p.m.
2. ROLL CALL
City Council: Council Members Dickens, Ferrara, Lubin, Mayor Pro Tem Runels
and Mayor Lady were present.
City Staff Present: City Manager Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Community Development
Director Strong; Chief of Police TerBorch; Director of Building and
Fire Fibich; Director of Financial Services Snodgrass; Director of
Parks, Recreation & Facilities Hernandez; and Director of Public
Works Spagnolo.
3. FLAG SALUTE
Members of Boy Scout Troop 234 led the Flag Salute.
4. INVOCATION
Pastor Paul Jones delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Proclamation - Month of the Young Child.
Mayor Lady presented a Proclamation to Maddy Quaglino, representing the Family
Child Care Association of San Luis Obispo County, recognizing April 2002 as "Month of
the Young Child".
5.b. Presentation - League of California Cities Grassroots Effort.
David Mullinax, Channel Counties Division Regional Representative for the League of
California Cities Grassroots Program, gave a presentation on the new grassroots
program. As the Grassroots Program representative for the Channel Counties Division
of the League, Mr. Mullinax stated he would be working to build a coalition in support of
more participation in the Channel Counties Division, and encouraged elected and
appointed officials to take part in Legislative Action Days in Sacramento to create
strategic alliances with State legislators. He explained that the League of California
Cities would also be working toward total constitutional protection of city revenues.
Chief of Police TerBorch reported that he attended a presentation by the Governor in
Sacramento and met with him and his staff afterward to discuss the State budget. He
gave an overview of the status of task forces being formed to protect local revenues.
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6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Dickens moved, Council Member Ferrara 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
Claire Vollmer, 338 Village Glen Drive, representing Big Brothers Big Sisters of San
Luis.Obispo County, gave an overview of the youth mentoring organization and invited
the Council to its annual "Bowl for Kids' Sake" to be held on April 27-28, 2002 to benefit
the kids in the program.
Steve Mathieu, AGP Video, apologized to the Council and public for the government
access channel being offline last week and explained the issue.
Ed Dorfman, 285 La Cresta, expressed concerns regarding the. ongoing litigation
involving the Referendum.
Karen Lange, 146 Avenida de Diamante, inquired about the status of the Rancho
Grande Park issue. Mayor Lady acknowledged the inquiry and gave .abriefupdate on
the project. City Manager Adams reported that staff would be requesting authorization
to solicit bids at the next regular City Council meeting.
Bruce Vanderveen, 1273 Branch Mill Road, stated he felt Council Member Dickens had
a conflict of interest with regard to the litigation against the City involving the
Referendum and requested that he step down from the issue.
Dale Gropp, 246 Walnut, read a definition of prime farmland and stated he felt that the
land in question met that definition. He urged the Council to keep the definition in mind
when considering future development proposals.
Bill McCann, 575 Crown Hill, stated there were many misconceptions with regard to the
Referendum. He stated he was pleased with the actions of Council and he wanted the
public to know that the Council was not a part of the lawsuit. He reported that he felt the
issue would be resolved soon.
Otis Page, 606 Myrtle, spoke regarding the pending litigation against the City involving
the Referendum.
Wayne King, Pismo Beach, reported he had attended the majority of the General Plan
Update meetings and stated the proponent who spoke previously had not participated in
those meetings.
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8. CONSENT AGENDA
Mayor Lady invited public comments on any items on the Consent Agenda.
Council Member Lubin declared a potential conflict of interest due to real property
ownership on Consent Agenda Item 8.1. and stepped down from the dais.
Council Member Ferrara reported he had received a second letter from Andre, Morris &
Buttery, the firm representing Castlerock Development, related to Item Sol. He stated he
reviewed the letter carefully, reviewed the conflict of interest . laws in depth again,
consulted with the City Attorney, and reported it was his position that he did not have a
conflict of interest with regard to Item 8.1. as his residence was located over a half a mile
away from the subject.
Bob Brownson referred to previous comments made by the developer's representative
and said he wanted to make it clear that all the talk about entitlements has not been
resolved, and said that there was contention about those entitlements. He said that the
upcoming CEQA review and Environmental Impact Report would tell how many
environmental constraints there are on the property and what is and is not appropriate
for the parcel.
Dean Coker, Land Planner representing Castlerock Development, commented on the
commencement of the Subsequent Environmental Impact Report. for Castlerock's
proposed project called "The Meadows". He stated that as the project enters a
technical phase of the processing of the tract application,. he would.. be .introducing
various consultants and advisors that Castlerock would be utilizing to provide
assistance, answer questions, and eventually offer expert testimony. He introduced
Dennis Law as Castlerock's legal counsel.
Dennis Law, from the Law Office of Andre, Morris & Buttery, representing Castlerock,
commented that the item on the Agenda tonight is the first item that is directly involved
in the processing of Tract 1998. He said while there has been a substantial amount of
public comment and discussion in the past on Tract 1998, it has related to matters other
than the direct processing of Tract 1998. He stated that the Tentative Map that is
currently under process is directly related to the Rancho Grande Master Plan, and that
the SEIR would take into account the prior studies and existing site conditions. On
behalf of Castle rock Development, he expressed a willingness and desire to work
cooperatively and professionally with the City and the community on this process.
Council Member Lubin returned to the dais.
Council Member Dickens moved and Council Member Ferrara seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the recommended courses of
action:
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8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period March 1,
2002 through March 15, 2002.
8.b. Consideration of Authorization to Examine State Board of Equalization
Records.
Action: Adopted Resolution No. 3582 granting the City Council, City Manager,
Financial Services Director, Economic Development Director, City Council, and
the firm of Hinderliter, de Llamas and Associates the authority to examine the
records of the State Board of Equalization pertaining. to sales and use taxes
collected by the Board for the City.
8.c. Cost Allocation Plan Update.
Action: Adopted the Fiscal Year 2002-03 Cost Allocation Plan.
8.d. Annual Review of City Investment Policy.
Action: Approved without changes the City of Arroyo Grande Investment Policy.
8.e. Consideration of Approval of Minutes.
Action: Approved minutes for the Special City Council and Regular City Council
Meetings of March 12, 2002 as submitted.
8.f. Rejection of Claims Against City - E. Ramos, M.Shower, M.Wlswell.
Action: Rejected claims.
8.g. Consideration of Progress Payment No. 1 for the Oak Park Boulevard
Widening Project, City Project No. PW-oO-o1.
Action: Authorized Progress Payment No. 1 in the amount of $40,950.04 to
Souza Construction for work completed on the Oak Park Boulevard Widening
project.
8.h. Consideration of Program Supplement Agreement for the Scenic Creekside
Walk Through The Historic Village of Arroyo Grande, Phase III Project.
Action: 1) Adopted Resolution No. 3583 authorizing the Mayor to execute
Program Supplement Agreement No. M007; and 2) Directed the Director of
Administrative Services to submit Program Supplement Agreement No. M007
and authorizing Resolution to Caltrans.
8.i. Consideration of Progress Payment No.1 (Final), Notice of Completion, and
Release of Retention for the March 2001 Storm Restoration at Rodeo Drive
Project, No. 2001-04.
Action: 1) Authorized Progress Payment No. 1 in the amount of $55,253.83 to
Papich Construction; 2) Directed staff to file a Notice of Completion; and 3)
Authorized release of retention of $6,139.31, thirty-five (35) days after the Notice
of Completion has been recorded, if no liens have been filed.
8.j. Authorization for the Lease/Purchase of Interspiro Self-Contained
Breathing Apparatus (SCBA).
Action: Authorized the City Manager to enter into agreement and approve the
payment to Municipal Finance Corporation in the amount of $24,991 for the first
of five equal annual payments for the lease-purchase of Interspiro Self Contained
Breathing Apparatus (SCBA), spare bottles, and masks.
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8.k. Authorization to Add Part-Time Senior Head Teacher for the Children in
Motion Program.
Action: Authorized staff to add a part-time Child Care Coordinator and
authorized a change of title to Senior Head Teacher for the Children in Motion
Program.
AYES: Dickens, Ferrara, Runels, Lubin, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Council Member Lubin stepped down from voting on Item 8.1.
Mayor Pro Tem Runels moved and Council Member Dickens seconded the motion to
approve Consent Agenda Item 8.1., with the recommended course of action:
8.1. Consideration of the EIR Consultant Selection for Rancho Grande (Tract
1998).
Action: 1) Approved and authorized the Mayor to execute the Consultant
Services Agreement; and 2) Approved and authorized the Mayor to execute the
Applicant Agreement.
AYES: Runels, Dickens, Ferrara, 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 and clarified that Tract 1998 is located
approximately 476 feet from his property line and the law concerning distance of
projects from real property was changed last year from 300 feet to 500 feet, therefore
he is no longer able to participate with regard to this project.
9. PUBLIC HEARING
None.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of FY 2002.2003 Budget Goals and Long-Range Financial
Plan, Phase II.
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City Manager Adams and Financial Services Director Snodgrass gave an overview of
the FY 2002-03 budget goals and an overview of Phase II of the Long-Range Financial
Plan, and responded to questions from Council.
Mayor Lady invited comments from those in the audience who wished to be heard on
the matter. Hearing none, Mayor Lady brought the item back.to Council for
consideration.
Council Member Ferrara moved to approve the proposed. budget goals "and the 10-Year
Financial Plan Phase II. 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.
At the request of a citizen, Mayor Lady reopened the Citizens' Input, Comments, and
Suggestions portion of the Agenda. He indicated that hewould'allow, public. comment
this time; however, he was not setting a precedent for reopening the public comment
period after it had been closed.
Ella Honeycutt, 560 Oak Hill Road, responded to public comments made earlier by Mr.
Page and stated that she fights issues, not people. She spoke further regarding issues
involving the Referendum and pending litigation.
Hearing no further pUblic comments, Mayor Lady closed the floor to public comments.
12. CITY COUNCIL REPORTS
a. MAYOR MICHAEL LADY
(1) South San Luis Obispo County Sanitation District (SSLOCSD).
Reported on biosolids taskforce rulings; approval of a cell phone antenna on
one of the tanks at the plant; and approval for incubator replacement. I
(2) Other. None.
b. MAYOR PRO TEM THOMAS A. RUNELS
(1) Zone 3 Advisory Board. Gave a status update on the Lopez Dam seismic
retrofit project; adopted Zone 3 Budget for next fiscal year; and reported that
the filtration process at the treatment plant was being reviewed.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
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c. COUNCIL MEMBER JIM DICKENS
(1) Community Recreation Center Subcommittee. In process of looking for
further staff direction and discussions regarding strategy on how to proceed.
Canceled meeting for next week.
(2) Economic Opportunity Commission (EOC). No report.
(3) South County Youth Coalition. Reminder that Arroyo Grande Police
Officer lanneo is heading up the "Every 15 Minutes" program that will be
conducted in May at Arroyo Grande High School to educate youth on the
consequences of drinking and driving.
(4) Other. Attended SLORTNSLOCOG meeting as Alternate for Council
Member Ferrara. Received presentation from the State Housing Authority
representative and reported that the concems. regarding State mandated
housing projections were shared by all cities in the County.
d. COUNCIL MEMBER TONY M. FERRARA
(1) Integrated Waste Management Authority Board (IWMA). Met March
13th. Reported that at the State level, the IWMA. awarded jurisdictions which
had exceeded the 50% requirement for curbside'recycling for the year 2000;
the City, as part of the regional JPA, was included in one of 19 jurisdictions
state-wide that was recognized for achieving a 52%. recycling rate. Also
reported that the County's Household Hazardous Waste Program was
featured in the American City and County Magazine; reported on the
campaign to encourage Coke and Pepsi to use a higher level of recycled
materials in their plastic bottles; commented that the City led the County in
establishing a Construction and Demolition Waste Ordinance and
announced that there is now Senate Bill 1374 that is going to promote a
State-wide compliance for C&D Waste and the City's Ordinance would be
used as a model. Finally, the City of Paso Robles wishes to joins the JPA.
(2) Air Pollution Control District (APCD). Met today; it was the first official
meeting for the new APCO, Larry Allen. Discussed items including the Plan I ,
to retrofit some of the diesel engines; retrofitting some of the fishing fleets;
received presentation on organic and material emission standards for
architectural coatings such as paint.
(3) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA). Report given by Council Member
Dickens.
(4) Other. Attended League of California Cities Public Safety Policy Committee;
was appointed by the Channel Counties President to be the Channel
Counties representative on the Committee; discussed, reviewed and made
recommendations for support or opposition of a number of public safety
related legislative items; and received presentation on racial profiling having
to do with law enforcement practices.
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e. COUNCIL MEMBER SANDY LUBIN
(1) South County Area Transit (SCAT). Postponed its meeting last week due
to lack of quorum; and will meet Thursday, March 28th. Gave update on
SCAT operations since contract was cancelled with STA and bus service
was brought in-house. Has turned out to be more expensive than
anticipated. Budget for next year to be discussed at next meeting. Indicated
that service and operation in terms of repair and maintenance has increased
substantially, resulting in a favorable product.
(2) Economic Vitality Corporation. Meets tomorrow; Ray Johnson, Executive
Officer, has been doing an outstanding job in bringing>the visibility of the
EVC to the forefront both locally and internationally via expanded web
services; discussed issues Ielated to the EVC.loan program; explained new
policy of featuring cities and businesses in the area at the monthly
meetings.
(3) Other. Was contacted by SLO County YMCA Board to attend and give
history of past South County participation.
13. CITY COUNCIL MEMBER ITEMS
None.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Mayor Pro Tem Runels reported he had attended a meeting with regard to potential
incorporation of Nipomo and reported there were citizens living in rural Arroyo Grande
who were concerned about the annexation of their area into Nipomo. City Manager
Adams reported that Supervisor Achadjian was organizing a meeting with those
individuals and had asked somebody from the City to give an update on its Sphere of
Influence plans as a result of the General Plan Update.
Council Member Ferrara referred to the public comment portion of the Agenda and
requested that the Council address protocol for the public comment period at a future
meeting.
16. STAFF COMMUNICATIONS
City Manager Adams reported the joint City Council Meeting with Lucia Mar Unified
School District has been scheduled for April 30, 2002.
17. ADJOURNMENT
Mayor Lady adjourned the meeting at 9:20 p.m.
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Michael A. La y, Ma~ r. .
ATTEST:
. ,
, tfilUl.-
etmo e, Director of Administrative Servicesl
Deputy City Clerk
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