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Minutes 2001-09-25 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 25, 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 Dickens, Lubin, Ferrara, and Mayor Lady were present. Council Member Runels was absent. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Chief of Police TerBorch, Director of Public Works Spagnolo, Director of Parks, Recreation & Facilities Hernandez; Community Development Director McCants; and Associate Planner Heffernon. 3. FLAG SALUTE Mayor Lady led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh Day Adventist Church, delivered the invocation. 5. SPECIAL PRESENTATIONS S.a. Proclamation - "Constitution Week". Mayor Lady presented an Honorary Proclamation proclaiming the week of September 17-23,2001 as Constitution Week. Patty Redding accepted the Proclamation. S.b. Proclamation. Miss Teen Arroyo Grande 2000, Katie Kwast. Mayor Lady presented an Honorary Proclamation to Miss Katie Kwast, who served the City of Arroyo Grande as Miss Teen during the past year. Katie Kwast accepted the Proclamation. S.c. Presentation of Award to City from Integrated Waste Management Authority. Bill Worrell, representing San Luis Obispo County Integrated Waste Management Authority, presented an Award of Achievement extending IWMA's appreciation to the City of Arroyo Grande for its commitment to reduce, reuse, and recycle, which resulted in a 52% diversion rate, exceeding the State goal of 50%. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 2S, 2001 PAGE 2 S.d. Brief Update from Chief of Police Regarding Local Issues Related to September 11, 2001 Terrorism Attack. Chief of Police TerBorch distributed to Council a copy of a Memorandum of Understanding executed between the Governor of the State of California and the Attorney General of the State of California which signifies an agreement to work together toward the mutual goal of combating terrorism by establishing a California Anti- Terrorism Infonnation Center. Chief TerBorch stated that the City Police Department was on alert for identifying any local hate crimes related to the recent terrorism attack. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Lubin moved, Mayor Pro Tem 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 AI Prince, 335 Old Ranch Road, referred to the Reservoir No.1 replacement project that had been postponed and inquired whether the Planning Commission had reviewed the project. Bee Beeman, 1275 Branch Mill Road, spoke in favor of protecting the land, and spoke about preserving the last five-acre parcel of the Greenwood tract. She stated that further development in the area would create an additional burden on traffic and additional children would impact Branch Elementary School. Bill Beeman, 1275 Branch Mill Road, spoke regarding the update of the City's General Plan, referring to the overwhelming opinion expressed in past workshops that farmland should be preserved. He also expressed concerns with further development of the Greenwood tract. John Keen, 298 N. Elm, asked the Council to remember Karl Hogan, a former Council Member who passed away last week. 8. CONSENT AGENDA Council Member Lubin pulled Item 8.b. for discussion. Mayor Pro Tem Ferrara pulled Item 8.h. for discussion. Council Member Lubin moved and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.b. and 8.h., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the periods August 16, 2001 through August 31, 2001 and September 1, 2001 through September 15, .2001. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 3 8.c. Consideration of Approval of Minutes. Action: Approved minutes as submitted for the Special City Council Meeting of August 23, 2001; the Regular City Council Meeting of August 28, 2001; and the Special City Council Meeting of September 4, 2001. 8.d. Rejection of Claims Against City. Action: Rejected claims submitted by F. Travis, D. Pulskamp, and CNA Commercial Insurance. 8.e. Authorization for Huasna Road Pavement Overlay Project, City Project No. PW-2001-3, Progress Payment No.1. Action: 1) Authorized Progress Payment No.1 in the amount of $177,507.90 to Madonna Construction Company for work completed on the Huasna Road Pavement Overlay Project. 8.f. Authorization for Fair Oaks AvenueNalley Road Traffic Signal, City Project No. PW-2000-7, Progress Payment No.2 and Notice of Completion. Action: 1) Authorized Progress Payment No.2 in the amount of $15,723.00 to Lee Wilson Electric Company for work completed on the Fair Oaks AvenueNalley Road Traffic Signal project; 2) Directed staff to file a Notice of Completion; and 3) Authorized the release of the retention of $12,939.17, thirty- five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.g. Consideration of Award of Bid - Parks Division Riding Mower. Action: Awarded the bid to Bob Hicks Turf Equipment for the purchase of a riding mower in the amount of $39,127.76. 8.i. Authorization to Participate in the California Law Enforcement Equipment Purchase (CLEEP) Program. Action: Approved the expenditure of $34,962 as authorized by the State for acquisition of enhanced technology and other equipment under the Fiscal Year 2001-02 CLEEP Program. 8.j. Consideration of Paulding Middle School Bicycle Lanes Project, City Project No. PW-2001-2, Progress Payment No.1. Action: Authorized Progress Payment NO.1 in the amount of $41,342.85 to R. Burke Corporation for work completed on the project. 8.k. Authorization to Purchase Police Traffic Motorcycle. Action: Authorized staff to purchase a BMW Motorcycle, Model R1100RT- P/CHP Version, from A & S BMW Motorcycles for a total cost of $18,784. COUNCIL AYES: Lubin, Dickens, Ferrara, Lady NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 4 B.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of August 31,2001. Council Member Lubin asked the Financial Services Director to address the safety of the City's investments due to the recent 1,000 point drop in the stock market. Financial Services Director Snodgrass explained that the City currently invests all short-term excess cash in the Local Agency Investment Fund (LAIF) which is administered by the State Treasurer. She reported that this is a very high quality investment in terms of safety, liquidity, and yield. S.h. Consideration of Approval of Professional Services Agreement With Rosenow Spevacek Group, Inc. [COUNCIURDA] Action: Approved a Professional Services Agreement with Rosenow Spevack Group (RSG), Inc. and authorize the Mayor and the Chairman of the Redevelopment Agency to execute the Agreement. Mayor Pro Tem Ferrara expressed concern with the way Exhibit A to the Agreement was laid out. He asked how the $13,000 was going to be allocated as there was no clear statement of work to be performed. Economic Development Director Sheeley explained that the Consultant would be working on an hourly basis and that the City was not committed to spending the entire $13,000. She stated that the Agreement included a detailed, yet general, list of services. She also explained that it was an annual contract and would have to be renewed by the Council every year. Mayor Pro TemNice-Chair Ferrara moved and Council/Board Member Lubin seconded the motion to approve Consent Agenda Items a.b. and a.h. with the recommended courses of action. COUNCIL AYES: Ferrara, Lubin, Dickens, Lady NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. RDA AYES: Ferrara, Lubin, Dickens, Lady NOES: None ABSENT: Runels CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 5 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS 9.a. Public Hearing Concerning the Use of State 2001-02 Citizens Option for Public Safety (COPS) Funds. Chief TerBorch highlighted the staff report. Staff recommended the Council conduct the required Public Hearing, make modifications as appropriate, and approve the expenditure of $100,000 as authorized by the State for law enforcement services under the Citizens Option for Public Safety (COPS) Program. Council Member Lubin asked what happens when the funding was no longer available. Chief TerBorch replied that it would be a Council policy decision during the annual budget process on whether to continue funding the positions. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. There was no response and he closed the public hearing. Mayor Pro Tem moved to approve the expenditure of $100,000 as authorized by the State for law enforcement services under the Citizens Option for Public Safety (COPS) Program. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Dickens, Lubin, Lady NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Consideration of Planned Sign Program Case No. 01-002, 880 Oak Park Boulevard; Russ Sheppel. Associate Planner Heffernon highlighted the staff report. She explained that the signs are for the two new office buildings located in the Oak Park Professional Plaza on the corner of James Way and Oak Park Blvd and would consist of 20 tenant wall signs, four (4) building identification wall signs, two (2) directory signs, and the existing monument sign would be relocated to the new driveway entrance. She stated the proposed signage met all the sign requirements of the Development and that the Planning Commission recommended approval of the Planned Sign Program as proposed. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 6 Council Member Dickens asked if the Architectural Review Committee had reviewed the proposal. Associate Planner Heffernon responded the ARC unanimously recommended approval. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. There was no response and he closed the public hearing. Council Member Dickens moved to adopt a Resolution approving Planned Sign Program Case No. 01-002. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Lubin, Ferrara, Lady NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.c. Consideration of Amended Conditional Use Permit 01-001, Five Cities Center, Phase II; Nadel Architects, Inc. Associate Planner Heffernon highlighted the staff report. She explained that the applicant had submitted an amendment to the Five Cities Center Conditional Use Permit to change the allowable uses and footprints of certain buildings located in Phase II, as follows: 1. Modify the land use designation of Building L from restaurant to commercial retail, and move it approximately 40 feet closer to West Branch Street; 2) Allow 4,095 square feet of restaurant space in building J with patio seating located between Buildings J and K; 3) Decrease the size of Building M from 6,500 to 5,000 square feet; and 4) Allow an outdoor patio seating area for Building M. The Planning Commission recommended that the Council adopt a Resolution approving the proposed amendments to Conditional Use permit 96-541 subject to the conditions of approval. Council Member Dickens asked for clarification that this was Phase II of the project, whether or not it included Building I, and asked for more details on the proposed uses. Associate Planner Heffernon replied it was Phase II, and that it did not include Building I. She explained that any proposed changes to Building I would have to come back as another amendment request. She stated that a proposed Seafood/Italian restaurant was being proposed for Building M and an investment firm was interested in Building L. Council Member Dickens inquired about a previous Planned Sign Program approval allowing signs facing the freeway. Associate Planner Heffernon replied that the Council had approved Trader Joe's request to place signs on the rear of the building; however, she had spoken to the proposed tenants and advised them it was not a precedent setting decision and recommended they not apply for this exception. She indicated the CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 7 tenant did not express interest in pursuing the placement of signs on the rear of the building. Mayor Pro Tem Ferrara expressed concerns about reducing the size of Building M because it may restrict space for another potential tenant in the future which could be a larger chain restaurant. Community Development Director McCants stated that the Planning Commission had asked the same question; however, the proposed tenant needs less space. He indicated the tenant expected to hold a long-term tenancy. Further Council and staff discussion included issues related to shared parking and the benefits of converting Building L to office space. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. There was no response and he closed the public hearing. Council Member Lubin moved to adopt a Resolution approving Amended Conditional Use Permit Case No. 01-001, located at the Five Cities Center, Phase II. Mayor Pro Tem Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Ferrara, Dickens, Lady NOES: None ABSENT: Runels There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.d. Consideration of a Request by South County Sanitary Services for an Increase in Rates for Integrated Solid Waste Collection. City Manager Adams introduced Mr. Bill Statler, City of San Luis Obispo Finance Director. Mr. Statler gave a brief presentation of the Integrated Solid Waste Rate Review report. He explained that South County Sanitary Service requested a rate review as it had not had a general purpose rate increase in Arroyo Grande since 1994. He stated that rate increases had been granted in 1998 for expanded green waste service and in 1999 for added recycling services; however during that time, there had been legitimate cost increases in operations and significant increases in tipping fees. He reviewed the recommended rate increase; Franchise Agreement terms; the City's rate history; cost accounting findings; comparison factors of rates in surrounding jurisdictions; cost trends; and explained the rate setting methodology and findings in the report. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 8 Mr. Statler then responded to questions from Council regarding tipping fees; landfill ownership and management; South County Sanitary operating costs; and how he implementation of the recycling programs has affected operating costs. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. Wayne Frisbee, 291 Canyon Way, stated he had observed the sanitation workers lifting the recycling wastewheelers and expressed concerns that the City may be liable for injuries. Tom Martin, Controller for South County Sanitary Service, addressed the concerns expressed by Mr. Frisbee. He reported that this situation would be remedied, as the company was moving toward full automation with its trucks and the workers would no longer have to lift the cans. He further addressed the company's operating ratio and the cost increases associated with implementing the greenwaste and recycling services. In response to Council concerns expressed about the affect of the increase on individuals on fixed incomes, Mr. Martin also reported that there was a refuse rate discount program available for low-income households. Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Members expressed concerns about approving a big increase at one time. In response to the presentation and review of the rate increase request from South County Sanitary Service, Council directed staff to conduct further review of the formal rate review study; determine how retroactivity is being addressed; bring forth information regarding a potential change to the rate structure to a more volume-based approach, comparable to the rate structure in place for the City of Pismo Beach; and provide options for phasing the rate increase in over a period of time. Council further directed staff to bring this additional information back to the Council meeting of October 23, 2001 for consideration. There was consensus of the Council to continue the public hearing and bring it back to the Regular City Council Meeting of October 23, 2001. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Policy on Fee Waivers for Temporary Use Permits. City Manager Adams highlighted the staff report. Staff recommended the Council approve the proposed policy for waiving fees for temporary use permits. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25. 2001 PAGE 9 Mayor Lady invited comments from those in the audience who wished to be heard on the matter. There was no response and he brought the issue back to Council for consideration. Council Member Lubin moved and Council Member Dickens seconded to approve the proposed policy guidelines on waiving fees for temporary use permits. The motion was carried unanimously by voice vote. 12. CITY COUNCIL REPORTS a. MAYOR MICHAEL LADY (1) South San Luis Obispo County Sanitation District (SSLOCSD). Reported on the status of the chlorine contact chamber project; the tri- annual ocean outfall monitoring report; the availability of bio-solids for the community's use in landscaping and gardening; and further reported that the Board held a Closed Session. (2) Other. b. MAYOR PRO TEM TONY M. FERRARA (1) Integrated Waste Management Authority Board (IWMA). Award presented to the City by IWMA for exceeding the recycling diversion goal; reported that Arroyo Grande, along with Morro Bay and San Luis Obispo, led the way with implementing innovative recycling programs. The Board also looked at work plan objectives for the coming year. (2) Air Pollution Control District (APCD). No report. Meets tomorrow. (3) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORT A). Received presentation by SLORTA Executive Officer regarding legal case in Contra Costa County with regard to a juvenile struck by an automobile as a result of a bus stop placed in mid-block between two signaled controlled intersections with no crosswalk. Suggested that the placement of mid-block bus stops be kept in mind when looking at streetscape designs for East Grand Avenue. With regard to SLOCOG, reviewed Assembly Constitution Amendment 4 (ACA4), which would provide as a funding mechanism a permanent gas tax that would provide the State a regular allocation of highway improvement funds. Suggested that the Director of Public Works look into the status of this bill. Also reported on the STIP funding status for 2002 and encouraged staff to submit applications in a timely manner. (4) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS (1) Zone 3 Advisory Board. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 10 d. COUNCIL MEMBER JIM DICKENS (1) Community Recreation Center Subcommittee. Meets tomorrow; will be reviewing staff report that will be presented to Council in a few weeks. (2) Economic Opportunity Commission (EOC). No report. (3) South County Youth Coalition. No report. Meets next week. (4) Other. Attended the Zone 3 Water Advisory Board meeting; reported that the October 5, 2001 Lopez Dam Seismic Remediation Project groundbreaking ceremony is open to the public; a timeline was received for the project; truck traffic is scheduled to be coming through the Village starting in January and going through July. e. COUNCIL MEMBER SANDY LUBIN (1) South County Area Transit (SCAT). Cancelled contract with Student Transportation of America (STA) and will take over operation of the SCAT system in-house for the next six months. Contract was cancelled due to inability to meet contract requirements, safety issues, management, maintenance; and insurance. Also, based on a recommendation by the Senior Advisory Commission, a request was made that SCAT issue a request for proposals for the senior taxi program so that all taxi companies have an opportunity to bid on the program. (2) Economic Vitality Corporation. The transition team put into place when the Executive Director resigned has determined its goal will be to determine whether a replacement should be made; what type of replacement it should be; what the role of the EVC is; and whether the EVC should stay in existence. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS (a) Request for Directional Traffic Sign at Halcyon Near East Grand Avenue (Ferrara) Mayor Pro Tern Ferrara requested the Council look for any way to relieve some of the traffic at Brisco and Halcyon and suggested the placement of directional signs. He proposed that a freeway alternate sign be placed on Halcyon, south of Grand Avenue, directing traffic to Highway via Grand Avenue. Following Council discussion, it was agreed to forward the suggestion to the Traffic Commission. (b) Televising of October 9, 2001 Regular City Council Meeting if General Plan Adoption is on the Agenda (Ferrara) Mayor Pro Tern Ferrara suggested taking the necessary steps to ensure televising of the October 9, 2001 City Council. Following Council and staff discussion, it was agreed to place an item on the October 3, 2001 City Council meeting agenda to consider CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 25, 2001 PAGE 11 televising the October 9, 2001 meeting if adoption of the General Plan Update is scheduled. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS Mayor Lady requested that the October 3, 2001 City Council Meeting be adjourned in honor and memory of Karl Hogan, a former City Council Member. 16. STAFF COMMUNICATIONS None. 17. ADJOURNMENT Mayor Lady adjourned the meeting at 10:36 p.m. to a Special Meeting on Wednesday, October 3, 2001, at 7:00 p.m. in the Council Chambers, 215 E. Branch Street. M.;:'.~~'i' ATTEST: iLfJ.tr..JL-- re, Director of Administrative Servicesl Deputy City Clerk -----