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Minutes 2002-09-10 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 10, 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 7:03 p.m. 2. ROLL CALL City Council: Council Members Dickens, Ferrara, Mayor Pro Tern Runels, and Mayor Lady were present. Council Member Lubin was absent. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Community Development Strong; Assistant City Engineer Linn; and Chief Building Inspector Schmidt. 3. FLAG SALUTE Wayne Dempster, representing the Knights of Columbus, led the Flag Salute. 4. INVOCATION Pastor Robert Underwood, First United Methodist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation - Constitution Week, September 16-22, 2002, Mayor Lady presented a Proclamation recognizing September 16-22, 2002 as "Constitution Week ". Patti Reding and government students representing Arroyo Grande High School accepted the Proclamation. S.b. Proclamation - Arroyo Grande Creek Celebration and Clean Up, October 12, 2002. Mayor Lady presented a Proclamation proclaiming October 12, 2002 as "Arroyo Grande Creek Celebration and Clean Up" Day n. Rena Spooner, representing Central Coast Salmon Enhancement, accepted the Proclamation. 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 None. ------ ----.__..---- CITY COUNCIL MINUTES SEPTEMBER 10, 2002 PAGE 2 8. CONSENT AGENDA Council Member Dickens noted that amended minutes had been submitted for the Special Meeting of August 27, 2002 (Item 8.c.), to reflect that he stepped down from Closed Session Item 3.b. Mayor Pro Tem Runels moved and Council Member Ferrara seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period August 16, 2002 through August 31, 2002. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of August 31, 2002. 8.c. Consideration of Approval of Minutes. Action: Approved minutes for the Regular City Council Meeting of August 13, 2002, and the Regular City Council Meeting of August 27, 2002 as submitted; and approved the minutes for the Special City Council Meeting of August 27,2002 as amended. 8.d. Consideration of Progress Payment No.1 (Final) - Spring 2001-02 Slurry Seal Project - PW 2002-01. Action: 1) Authorized Progress Payment No.1 in the amount of $122,837.30 to Intermountain Slurry Seal, Inc. for the Spring 2001/02 Slurry Seal Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention of $13,653.03, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.e. Consideration of Modification to Fire Engineer Position Salary Range. Action: Modified the Fire Engineer position salary range from Range 35 to 34. 8.f. Consideration of Contract Part-time Planning Positions. Action: Approved the part-time employment contracts for one Associate Planner and one Assistant Planner, replacing one full-time Associate. AYES: Runels, Ferrara, Dickens, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Adoption of an Ordinance Amending Section 15.04.010 of the Arroyo Grande Municipal Code Regarding Update of the Uniform Building and Related Codes. Chief Building Inspector Schmidt presented the staff report and recommended the Council adopt the Ordinance amending Section 15.04.010 of the Arroyo Grande Municipal Code. ----...-- - ---- CITY COUNCIL MINUTES SEPTEMBER 10, 2002 PAGE 3 Mayor Lady opened the public hearing and upon hearing no comments, closed the public hearing. Council Member Ferrara moved to adopt the Ordinance amending Section 15.04.010 of the Arroyo Grande Municipal Code adopting by reference the 2000 Editions of the "Uniform Administrative Code," "Uniform Building Code," (Volumes 1, 2 And 3) and its Appendix, "Uniform Mechanical Code," "Uniform Code for Building Conservation," "Uniform Plumbing Code," and the 1999 Edition of the "National Electric Code". Mayor Pro Tem Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Runels, Dickens, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Adoption of an Ordinance Amending Section 8.04.010 of the Arroyo Grande Municipal Code Regarding Update of the Uniform Fire Code. Chief Building Inspector Schmidt presented the staff report and recommended the Council adopt the Ordinance amending Section 8.04.010 of the Arroyo Grande Municipal Code. Mayor Lady opened the public hearing and upon hearing no comments, closed the public hearing. Council Member Ferrara moved to adopt the Ordinance amending Section 8.04.010 of the Arroyo Grande Municipal Code adopting by reference the 2000 Edition of the "Uniform Fire Code," and its Appendix. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Dickens, Runels, Lady NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.c. Consideration of the Amended Conditional Use Permit Case No. 02-003 and Variance Case No. 02-004; 1530 East Grand Avenue. Mayor Lady announced that this item would be postponed and the Public Hearing rescheduled for consideration at the next regular City Council meeting of September 24, 2002. -----.. ----,- ----------- CITY COUNCIL MINUTES SEPTEMBER 10, 2002 PAGE 4 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS a) Update on SLOCOG action regarding Draft Regional Housing Needs Plan (FERRARA). Council Member Ferrara distributed copies of and presented an overview of the staff report and subsequent addendum issued for the September 4, 2002 SLOCOG Board Meeting regarding a recommendation to accept the State's allocation of 18,035 housing units for San Luis Obispo County. He stated that the representatives from the majority of the member agencies felt that the respective City Councils should have greater iAput and that he made a motion at the Board Meeting to postpone a vote to allow each respective agency an opportunity to further analyze and address this critical matter. There was discussion regarding the interpretation and internal conflict between certain provisions found in Government Code sections 65580-65589.8, with specific reference to sections 65580 (d) and (e). He reported that SLOCOG Counsel Crawford was requested to draft a letter to the Attorney General for an opinion on sections 65580(d) and (e). In addition, it was requested and unanimously approved by the SLOCOG Board to postpone the item until after the September 12th workshop on housing mandates in San Luis Obispo County. Council and staff discussion ensued regarding the benefits and concerns of challenging the proposed housing unit numbers in conjunction with other member agencies, including collaborative strategies, sharing of legal costs, and potential penalties for non- compliance. Council Member Ferrara proposed that a position letter be drafted and signed by the Mayor including a statement that there is a clear understanding that the City may have to contribute funds to support this effort. Following Council comments, staff was directed to prepare a letter for submittal to SLOCOG expressing the City's opposition to the existing State regional housing allocation figures, support for joint legal action with the other cities of the County if necessary, and if unsuccessful, to pursue re-allocation of the housing figures. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. CITY COUNCIL MINUTES SEPTEMBER 10, 2002 PAGE 5 16. ADJOURNMENT Mayor Lady adjourned the meeting at 8:06 p.m. Michael A:ladM ATTEST: ~!/U-- , Director of Administrative Servicesl Deputy City Clerk -----