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Minutes 2007-08-28MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 28, 2007 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:02 p.m. 2. ROLL CALL City Council: Council Members Chuck Fellows, Jim Guthrie, Joe Costello, Mayor Pro Tem Ed Arnold, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works Don Spagnolo, Interim Chief of Police Steve Andrews, and Director of Building and Fire Mike Hubert. 3. FLAG SALUTE Members of Arroyo Grande Police Department Explorer Post 542 led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Oath of Office Administered to Chief of Police Steve Annibali. City Clerk Wetmore administered the Oath of Office to the City's new Chief of Police, Steve Annibali. Chief Annibali then briefly addressed the City Council, staff and members of the community. S.b. Mayor's Commendation -Jeremy Kaufman, Public Works Maintenance Worker. Mayor Ferrara announced that this item would be postponed to a future meeting as Mr. Kaufman could not be present tonight. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Mayor Pro Tem Arnold seconded, and the motion passed unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Lori Wells, a resident since 1981, stated that she was moving out of State and she presented the Council with a panoramic photo taken from the top of the Mesa overlooking the City of Arroyo Grande. 8. CONSENT AGENDA Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. Minutes: City Council Meeting Tuesday, August 28, 2007 Page 2 Harry Goodnight, representing Oak Park Estates Homeowners Association, referred to Item 8.n. and spoke in support of the proposed letter from the City to the Local Agency Formation Committee (LAFCO) in response to the Draft Supplemental Environmental Impact Report for the Los Robles Del Mar project. No further public comments were received. Council Member Fellows pulled Item 8.i. Mayor Ferrara referred to Item 8.n. and noted a minor modification in the letter to LAFCO to correct all references of "DEIR" to "DSEIR" which is the correct acronym for Draft Supplemental Environmental Impact Report. Action: Council Member Fellows moved to approve Consent Agenda Items 8.a. through 8.n., with the exception of Item 8.i., with the recommended courses of action. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Fellows, Costello, Guthrie, Arnold, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 1, 2007 through August 15, 2007. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of July 31, 2007. 8.c. Consideration of a Resolution Authorizing the Fire Station Expansion General Obligation Bond Property Tax Levy Rate. Action: Adopted Resolution No. 4033 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FY 2007-08 PROPERTY TAX LEVY RATE APPROVED BY VOTERS ON NOVEMBER 5, 2002': 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of July 10, 2007 as submitted. 8.e. Authorization to Reject Claim Filed Against the City -Claimant: State Farm Insurance (Dias). Action: Rejected claim and authorized the City Clerk to send a standard rejection letter to the claimant. 8.f. Consideration of Approval of Agreement for Legal Services. Action: 1) Approved the revised Agreement for Legal Services with Carmel & Naccasha; and 2) appropriated an additional $15,000 for legal services. 8.g. Consideration of Salary and Benefit Adjustments for Management Employees. Action: Adopted Resolution No. 4034 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING SALARY ADJUSTMENTS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEAR 2007-08 AND FISCAL YEAR 2008-09". Minutes: City Council Meeting Page 3 Tuesday, August 28, 2007 8.h. Consideration of Compensation Adjustments for Part-time Employees. Action: Adopted Resolution No. 4035 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A SALARY AND BENEFIT PROGRAM FOR PART-TIME EMPLOYEES FOR FISCAL YEAR 2007-08 AND FISCAL YEAR 2008-09". 8.j. Consideration to Approve an Interagency Agreement between City of Grover Beach, Oceano Community Services District, and the City of Arroyo Grande for the South San Luis Obispo County Desalination Funding Study. Action: 1) Approved an Interagency Agreement in regard to the South San Luis Obispo County Desalination Funding Study; and 2) authorized the Mayor to execute the agreement. 8.k. Consideration of Authorization to Purchase Replacement Fire Base Station Radios and Communication Equipment. Action: Authorized staff to purchase replacement base station radios and communication equipment for the Fire Department from Sterling Communications for $12,169. 8.1. Consideration to Award a Contract to Toste Grading and Paving for Resurfacing Portions of Fair Oaks Avenue and Nevada Street. Action: Awarded a contract to Toste Grading and Paving in the amount of $27,000 for resurfacing portions of Fair Oaks Avenue and Nevada Street. 8.m. Consideration of Approval of Land Lease Agreement with Clearwire US, LLC. Action: Approved and authorized the Mayor to execute a Land Lease Agreement between the City and Clearwire US, LLC, for use of approximately eighty-three (83) square feet of property located at 200 Hillcrest, Arroyo Grande, California (the "Reservoir Site"). 8.n. Consideration of Comments to the Local Agency Formation Committee (LAFCO) in Response to the Draft Supplemental Environmental Impact Report (DSEIR) for the Los Robles Del Mar Project. Action: Approved and authorized submittal of the attached letter providing comments to LAFCO in response to the DSEIR for the Los Robles Del Mar project. 8.i. Consideration of Proposed Supplemental Environmental Project in Response to the California Regional Water Quality Control Board Administrative Civil Liability Complaint. Recommended Action: Authorize the City Manager to formally submit the supplemental environmental project proposals in response to the Civil Liability Complaint issued by the California Regional Water Quality Control Board. In response to a question by Council Member Fellows about what the City is going to do to prevent future spills of this nature, Director of Public Works Spagnolo gave an overview of the steps taken by the Public Works Department to prevent the possibility of future spills, including an increase in sewer line maintenance in areas adjacent to the creeks; documenting specific procedures regarding response to complaints regarding potential sewer line backups; replacing existing pipes identified in the Capital Improvement Program and Wastewater Master Plan; and capping/bolting manhole covers in certain areas. Action: Council Member Fellows moved to approve Item 8.i. with the recommended course of action. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Arnold, Ferrara NOES: None ABSENT: None Minutes: City Council Meeting Page 4 Tuesday, August 28, 2007 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS ITEMS 10.a. Consideration of the City's Drainage Master Plan. Director of Public Works Spagnolo presented the staff report and recommended the Council approve the 2006 Drainage Master Plan. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Greo Martin, Newsom Springs Road, expressed concern about any impacts to his property from the proposed projects identified in the Plan. Director Spagnolo responded that Mr. Martin's property is located outside the project area and would not be affected. Hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments ensued including support for approval of the updated Drainage Master Plan and acknowledgment of the drainage projects completed since 1999. Action: Council Member Guthrie moved to approve the 2006 Drainage Master Plan. Mayor Pro Tem Arnold seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Arnold, Fellows, Costello, Ferrara NOES: None ABSENT: None 11. NEW BUSINESS ITEMS None. 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). SLOCOG Board discussed STIP funding and criteria for upcoming projects; SLORTA discussion included issues that have arisen concerning the new maintenance facility with regard to substantially increased costs for the tenant improvements. (2) South San Luis Obispo County Sanitation District (SSLOCSD). The Plant is running fine and working well; will be requesting discussion on energy saving measures as a result of information received at the recent Energy Conference. (3) Other. None. b. MAYOR PRO TEM ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. (2) Economic Vitality Corporation (EVC). Attended the subcommittee meeting for the tourism study; will be releasing an RFP for the study within the next month. (3) Other. Attended the Energy Conference held at Cal Poly. Minutes: City Councii Meeting Tuesday, August 28, 2007 Page 5 c. COUNCIL MEMBER JOE COSTELLO: (1) Zone 3 Water Advisory Board. No report. (2) Air Pollution Control District (APCD). No report. (3) Fire Oversight Committee. Reported that the Battalion Chief position should be filled soon; the Cities are preparing to recruit for an Engineer; cooperative efforts between the agencies is going well; there are ongoing efforts to improve training. (4) Fire Consolidation Oversight Committee. No report. (5) Other. Attended the Energy Conference held at Cal Poly. d. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). Has not met; however, new bus route schedule has been implemented; reported that grant funding had been received for bus stop improvements and Arroyo Grande will receive some of those funds for potential improvements in the area of the High School and the Village. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Other. None. e. COUNCIL MEMBER CHUCK FELLOWS: (1) South County Youth Coalition. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. Attended the Energy Conference held at Cal Poly. 13. CITY COUNCIL MEMBER ITEMS: a. Request for staff to prepare analysis and plan for addressing remaining Development Code items that are inconsistent with the General Plan. (GUTHRIE) Council Member Guthrie requested, and the Council concurred, to direct staff to prepare an analysis and plan for completing the Development Code update to achieve consistency with the General Plan. b. Request to place on a future agenda review of the agricultural buffer policy. (FELLOWS) Council Member Fellows stated that he did not wish to unwrap the entire agricultural buffer policy; however, he would like to discuss clarifying the language in the policy and get an update on what other jurisdictions have implemented as a minimum buffer distance. Following brief discussion, the Council concurred to direct staff to place the issue on a future agenda to specifically discuss the minimum buffer distance. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: In response to a request by Mayor Ferrara, Council Member Costello offered to represent the City at a ribbon cutting ceremony for the new youth community center located at New Life Community Church on September 8"'. 16. STAFF COMMUNICATIONS: None. Minutes: City Council Meeting Tuesday, August 28, 2007 Page 6 17. COMMUNITY COMMENTS AND SUGGESTIONS: Nancy Castle, AGP Video, referred to the recent Energy Conference held at Cal Poly and stated it would be rebroadcast on Channel 21 and on the Internet at www.slospan.org. She also noted that the City could program the conference on its local Channel 20. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 7:52 p.m. Tony Ferrar I or ATTESTI: l~ Kelly W moyq City Clerk (Approved at CC Mtg 9' Z5 .ZOO