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Minutes 2008-12-09MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, DECEMBER 9, 2008 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:11 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Jim Guthrie, Ed Arnold, Chuck Fellows, and Mayor/Chair Tony Ferrara were present. Mayor Pro TemNice Chair Joe Costello was absent. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Financial Services Angela Kraetsch, Director of Building and Fire Mike Hubert, Director of Parks, Recreation and Facilities Doug Perrin, Director of Public Works Don Spagnolo, Director of Community Development Rob Strong, Associate Planner Teresa McClish, Assistant Planner Jim Bergman. 3. FLAG SALUTE Glen Herman, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute. 4. INVOCATION Rev. Dr. Valerie A. Valle from St. Barnabas Episcopal Church delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation Recognizing Mark Vasquez. City Manager Adams announced that Mark Vasquez could not be present to accept the Proclamation. Mayor Ferrara recognized Mr. Vasquez and expressed appreciation for his assistance with updating the Historic District Design Guidelines. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Guthrie moved, Council Member Fellows seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS None. 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. There were no public comments received. Minutes: City Council Meeting Tuesday, December 9, 2008 Page 2 Action: Council Member Fellows moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8. k., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Fellows, Guthrie, Arnold, Ferrara NOES: None ABSENT: Costello 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 16, 2008 through November 30, 2008. S.b. Consideration of Acceptance of the Redevelopment Agency's Annual Financial Reports. [COUNCIURDA] Action: Received and filed the Redevelopment Agency's Annual Financial Reports for the Fiscal Year Ended June 30, 2008. 8.c. Consideration of Cancellation of December 23, 2008 City Council Meeting. Action: Canceled the regularly scheduled Council meeting of December 23, 2008 due to the holiday. 8.d. Consideration of Extension of Agreements with Grande Mobile Manor and Halcyon Estates for Temporary Water Service. Action: Approved a second amendment to the existing Agreements with Grande Mobile Manor and Halcyon Estates extending temporary water service for an additional 3-month period. 8.e. Consideration to Authorize an Award of Bid for the Police Radar Lease Program. Action: 1) Authorized the award of bid to purchase eleven Stalker DSR 2X Multi- Directional Sensing Radar from Applied Concepts, Inc. of Plano Texas in the amount of $27,261.29; and 2) Authorized the award of bid to finance the radar units through a municipal lease with First Star Capital of Walnut Creek, California at a rate of 7.78%. 8.f. Consideration of Temporary Use Permit Case No. 08-025 Authorizing the Closure of a City Street and Parking Restrictions to Dedicate and Celebrate the Relinquishment of Portions of Highway 227 from the California Department of Transportation (CalTrans) to the City, January 4, 2009. Action: Adopted Resolution No. 4145 as follows: "CONSIDERATION OF TEMPORARY USE PERMIT CASE NO. 08-025 AUTHORIZING THE CLOSURE OF A CITY STREET AND PARKING RESTRICTIONS FOR THE DEDICATION CEREMONY OF THE RELINQUISHMENT OF PORTIONS OF HIGHWAY 227 FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) TO THE CITY, JANUARY 4, 2009." 8.g. Consideration of a One-Year Time Extension for Conditional Use Permit 08-005; 231 South Halcyon Road. Action: Adopted Resolution No. 4146 as follows: "A RESOLUTION OF THE C/TY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING HONE-YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT 06-005, APPLIED FOR BY JEFF HOLLISTER, LOCATED AT 231 SOUTH HALCYON ROAD." Minutes: City Council Meeting Page 3 Tuesday, December 9, 2008 8.h. Consideration of a Resolution Granting aOne-Year Time Extension for Vesting Tentative Tract Map No. 04-002 and Planned Unit Development No. 04-002; Applied for by Creekside Estates of Arroyo Grande, LLC; Location - 9 Acres Located East of Noguera Place and North of East Cherry Avenue Extension (Cherry Creek Project). Action: Adopted Resolution No. 4147 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING HONE-YEAR TIME EXTENSION FOR VESTING TENTATIVE TRACT MAP NO. 04002 AND PLANNED UNIT DEVELOPMENT NO. 04002; APPLIED FOR BY CREEKS/DE ESTATES OF ARROYO GRANDE, LLC FOR A 9-ACRE PROPERTY LOCATED EAST OF NOGUERA PLACE AND NORTH OF EAST CHERRY AVENUE EXTENSION (CHERRY CREEK PROJECT)." 8.i. Consideration of a Program of Projects for the City's FY 2008-09 Share of Proposition 1B Funds. Action: 1) Approved a program of projects for the City's FY 2008-09 share of Proposition 1 B funds; and 2) Directed staff to submit the City's program of projects to the California Department of Finance. 8.j. Consideration of a Consultant Services Agreement with North Coast Engineering, Inc. for the Design of the EI Camino Real Retaining Wall, EI Camino Real Resurfacing, and EI Camino Real/Chiiton Street Waterline Capital Improvement Projects. Action: 1) Approved a consultant services agreement with North Coast Engineering, Inc. in the amount of $68,620 for the design of the EI Camino Real Retaining Wall, EI Camino Real Resurfacing, and EI Camino Real/Chiiton Street Waterline Capital Improvement Projects (PW-2008-09); 2) Authorized the Mayor to execute the Agreement; and 3) Authorized the City Manager to approve contract amendments not to exceed 10% of the $68,620 for unanticipated costs during the design phase of the project. 8.k. Consideration of Appropriation of Funds for Water Conservation Rebate Programs. Action: Appropriated $50,000 from the Water Neutralization Fund to initiate water conservation rebate programs for high efficiency washing machines, irrigation controllers, and turf removal. 9. PUBLIC HEARINGS Mayor Ferrara referred to Item 9.c. as follows: 9.c. Continued Public Hearing -Consideration of a Vesting Tentative Tract Map and Planned Unit Development Case No. 01-001 (Otherwise known as Tract 1998) to Subdivide a 26.9-Acre Property into Fifteen (15) Residential Lots and aTwenty- Two (22) Acre Permanently Preserved Open Space Parcel. Recommended Action: Consider Addendum No. 2 to the previously certified Revised Final Subsequent Environmental Impact Report and project plans for the revised 15-lot subdivision and planned unit development. The Planning Commission recommends that the Council adopt a Resolution approving Vesting Tentative Tract Map and Planned Unit Development Case No. 01-001 to subdivide a 26.9-acre property into fifteen (15) Minutes: City Council Meefing Tuesday, December 9, 2008 Page 4 residential lots and atwenty-two (22) acre permanently preserved open space parcel with the included CEQA and project findings, conditions of approval and mitigation monitoring and reporting requirements. Mayor Ferrara announced the Council had received a request to continue the public hearing to a date when the full Council was present. He noted that Mayor Pro Tem Costello was not present tonight due to illness. Staff recommended the Council continue the item to the January 27, 2009 Council meeting. Action: Council Member Guthrie moved to continue the public hearing to the January 27, 2009 Regular Council Meeting. Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Arnold, Fellows, Ferrara NOES: None ABSENT: Costello 9.a. Consideration of Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2009. Assistant Planner Bergman presented the staff report, referred to the supplemental report (on file in the Administrative Services Department) which included an additional application for CDBG funds from Transitional Food and Shelter, Inc., and gave an overview of the modified recommendations for public service funding. He then recommended the Council provide preliminary approval of proposed projects to be funded with the City's allocation of CDBG funds for the Year 2009. Council asked questions of staff regarding the recommended funding for Transitional Food and Shelter and the service population it serves. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. The following members of the public addressed the Council, thanking them for consideration of each funding request and briefly spoke about their respective organizations: Sara Red Lawler, representing Big Brothers/Big Sisters Pearl Munak, representing Transitional Food and Shelter, Inc. Linda McGregor, representing 211 Hotline Rae Fleming, representing EOC Health Services Bernadette Bernardi, representing Literacy Council No further public comments were received and Mayor Ferrara closed the public hearing. Council comments included support for the proposed public services grants to be funded with the City's 2009 allocation of CDBG funds; acknowledgement that it was difficult to fully accommodate all of the requests for grants; that in future years, there will be a need for more coordination among the agencies; clarification concerning the FaQade Grant Program criteria; Minutes: City Council Meeting Tuesday, December 9, 2008 Page 5 and a suggestion to look at trying to distribute the funds more equitably among the age groups in future years. Mayor Ferrara spoke in support of the Fagade Grant Program and noted that there is a commitment in the General Plan and Economic Element to assist businesses, particularly with business retention efforts. Council Member Guthrie expressed concern with the elimination of the matching fund component in the Facade Grant Program and he could not support the recommendation as proposed; however, he supported the funding recommendations for public services. Action: Council Member Fellows moved to provide preliminary approval of proposed projects to be funded with the City's allocation of CDBG funds for the Year 2009. Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Fellows, Arnold, Ferrara NOES: Guthrie ABSENT: Costello 9.b. Consideration of Introduction of a Proposed Ordinance Amending Section 72.20.060 of the City of Arroyo Grande Municipal Code Relating to City Parks. Parks, Recreation, and Facilities Director Perrin presented the staff report and recommended the Council: 1) Introduce an Ordinance of the City Council of the City of Arroyo Grande amending Section 72.20.060 of the Arroyo Grande Municipal Code to ban smoking in City parks; and 2) Approve transfer of $6,000 from Park Improvement Funds that were carried over from FY 2007-08 for turf renovations at the Soto Sports Complex to the Parks Maintenance Grounds account. In response to questions from Council regarding the prohibition of smoking in public open space areas, staff suggested modifying the proposed Ordinance to include open space areas. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Amber Alewine, representing San Luis Obispo County Public Health Department, spoke about the County's Tobacco Control Program and supported the proposed Ordinance. She distributed informational materials concerning tobacco-free outdoor areas and events. Christine Lefevre, representing San Luis Obispo County Public Health Department, spoke in support of the proposed Ordinance. No further public comments were received, and Mayor Ferrara closed the public hearing. Council comments ensued in support of the proposed Ordinance to ban smoking in City parks; modifying the Ordinance to ban smoking on pedestrian bridges, such as the Historic Swinging Bridge; whether smoking in parking lots could be prohibited; and taking an incremental approach to ensure that the City has the ability to enforce the provisions that are put in place. In Minutes: City Council Meeting Page 6 Tuesday, December 9, 2008 response to Council comments, City Attorney Carmel suggested the following modification to the proposed language: °No person using a park shall......Smoke in any active or passive city park, including dedicated public parks, paths, trails, pedestrian bridges. public open spaces and sports facilities." Action: Council Member Arnold moved to introduce an Ordinance, as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 12.20.060 OF THE ARROYO GRANDE MUNICIPAL CODE TO BAN SMOKING IN CITY PARKS", as modified to include the additional language as read by the City Attorney. Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: Costello Mayor Ferrara called a break at 8:17 p.m. The Council reconvened at 8:25 p.m. 9.d. Consideration of Sale of Affordable Housing Property at 252 South Courtland Street to the Housing Authority of the City of San Luis Obispo. [RDA] Executive Director Adams presented the staff report and recommended the RDA Board: 1) Adopt a Resolution approving an Agreement for Purchase and Sale and Escrow Instructions for sale of real property located at 252 South Courtland Street to the Housing Authority of the City of San Luis Obispo for transfer to an income-qualified household at an affordable housing cost; and 2) Appropriate an additional $5,500 for costs associated with the Agency's purchase of the unit. Chair Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Carol Hatlev, representing the Housing Authority of the City of San Luis Obispo, spoke in support of the proposed Agreement. No further public comments were received, and Chair Ferrara closed the public hearing. Board comments ensued in support of the sale of the affordable housing property at 252 S. Courtland Street and that it was important to maintain the City's affordable housing inventory. Action: Board Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR PURCHASE AND SALE AND ESCROW INSTRUCTIONS FOR THE AFFORDABLE HOME LOCATED AT 252 SOUTH COURTLAND STREET". Board Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: Costello Minutes: City Council Meeting Tuesday, December 9, 2008 Page 7 Action: Board Member Arnold moved to appropriate an additional $5,500 for costs associated with the Agency's purchase of the unit. Board Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: Costello 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Formation of a Recreation Center Subcommittee. City Manager Adams presented the staff report and recommended the Council: 1) Approve formation of a Recreation Center Subcommittee to coordinate with the 5 Cities Community Services Foundation on the proposal for a Recreation Center to include the Mayor, one Council Member, the City Manager, the Parks, Recreation and Facilities Director, one member of the Parks and Recreation Commission appointed by the Commission, and one at-large member; and 2) Appoint one Council Member and a member at-large to the Subcommittee. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no public comments, he closed the public comment period. Mayor Ferrara noted that Council Member Arnold had expressed an interest in serving on the Subcommittee. He also recommended that Jim Dickens serve as the at-large member due to his history relating to the proposed Recreation Center project when he was previously serving on the City Council. Brief discussion ensued which included support for formation of a Subcommittee to coordinate with the 5 Cities Community Services Foundation on the proposal for a Recreation Center, and support for Mayor Ferrara's recommended appointments. Action: Council Member Fellows moved to approve formation of a Recreation Center Subcommittee to coordinate with the 5 Cities Community Services Foundation on the proposal for a Recreation Center to include the Mayor, one Council Member, the City Manager, the Parks, Recreation and Facilities Director, one member of the Parks and Recreation Commission to be appointed by the Commission, and an at-large member; and further, to appoint Council Member Arnold, and Jim Dickens as the member at-large to the Subcommittee. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Arnold, Ferrara NOES: None ABSENT: Costello Minutes: City Council Meeting Tuesday, December 9, 2008 Page 8 11.b. Consideration of Appointment of Council Members to Regional and Local Boards, Commissions, Committees, and Subcommittees. City Manager Adams presented the staff report and recommended the Council make appointments to those regional boards, commissions, and committees with Council representation. Mayor Ferrara invited public comments on this item. No public comments were received. The following appointments to regional boards, commissions, and committees were discussed and assigned: AGENCY South County Area Transit (SCAT) Staff Representative: City Manager Council of Governments/ Regional Transit Authority (SLOCOG/RTA) Staff Representative: Public Works Director/ Community Development Director City Selection Committee (Mayors) Staff Representative: Not Applicable South San Luis Obispo County Sanitation District (SSLOCSD) Staff Representative: Not Applicable Integrated Waste Management Authority Board (IWMA) Staff Representative: Community Development Director Zone 3 Water Advisory Board Staff Representative: Public Works Director County Water Resources Advisory Committee (WRAC) Staff Representative: Public Works Director PRIMARY Jim Guthrie Tony Ferrara Tony Ferrara Tony Ferrara Ed Arnold Joe Costello Chuck Fellows SECONDARY Chuck Fellows Joe Costello Joe Costello Jim Guthrie Chuck Fellows Ed Arnold Jim Guthrie Economic Vitality Corporation Ed Arnold Jim Guthrie (EVC) Staff Representative: City Manager/ Economic Development Director Minutes: City Council Meeting Page 9 Tuesday, December 9, 2008 AGENCY PRIMARY SECONDARY Air Pollution Control District Joe Costello N/A Board (APCD) Staff Representative: Not Applicable Economic Opportunity Commission Jim Guthrie Chuck Fellows (EOC) Staff Representative: Parks, Recreation and Facilities Director California Joint Powers Insurance Jim Guthrie Staff Representative Authority (CJPIA) Staff Representative: City Manager/ Human Resources Manager Fire Oversight Committee Joe Costello Tony Ferrara Staff Representative: City Manager/Fire Chief Audit Committee Jim Guthrie Ed Arnold Staff Representative: Financial Services Director San Luis Obispo County 10-Year Plan to Jim Guthrie Chuck Fellows End Homelessness Leadership Council Staff Representative: City Manager Brisco/Halcyon Interchange Subcommittee Tony Ferrara Ed Arnold Staff Representative: Public Works Director Tourism Committee Jim Guthrie Ed Arnold Staff Representative: Associate Planner; Parks, Recreation & Facilities Director Action: Mayor Ferrara moved to approve the appointments to the regional boards, commissions, and committees. Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Ferrara, NOES: None ABSENT: Costello Arnold, Guthrie, Fellows 12. CITY COUNCIL MEMBER ITEMS 12.a. Minutes: City Council Meeting Tuesday, December 9, 2008 Page f0 Mayor Ferrara requested, and the Council concurred, to direct staff to prepare an amicus in support of the City of Irvine's lawsuit challenging the Southern California Association of Government's Regional Housing Needs Assessment (RHNA) allocation, and bring it back to Council at the next meeting for consideration and formal approval. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Arnold wished everyone happy holidays. 15. STAFF COMMUNICATIONS City Manager Adams reminded the Council of its Special Meeting on Thursday, December 18, 2008 at 4:00 p.m. in the Council Chambers. He also reported that staff was working on a special event to be held on Sunday, January 4"' to celebrate the relinquishment of Highway 227. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 9:00 p.m. Tony Ferrar or/Char ATTEST: Kelly Secretary (Approved at CC Mtg l-l.3'aD~ )