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Minutes 2009-11-24 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 24, 2009 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor /Chair Ferrara called the Regular City Council /Redevelopment Agency meeting to order at 7:00 p.m. 2. ROLL CALL City Council /RDA: Council /Board Member Chuck Fellows, Council /Board Member Jim Guthrie, Mayor Pro TemNice Chair Joe Costello and Mayor /Chair Tony Ferrara were present. Council /Board Member Ed Amold was absent. City Staff Present: City Manager Steven Adams, City Attomey Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Chief of Police Steve Annibali, Fire Chief Michael Hubert, Community Development Director Teresa McClish, and Planning Manager Jim Bergman. 3. FLAG SALUTE Mayor Ferrara led the Flag Salute. 4. INVOCATION Pastor Randy Ouimette, Saint John's Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Proclaiming November 2009 as "Alzheimer's Awareness Month ". Mayor Ferrara presented an Honorary Proclamation declaring November 2009 as "Alzheimer's Awareness Month ". Sara Bartlett, Area Director for the Central Coast Alzheimer's Association, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Mayor Pro Tem Costello moved, Council Member Guthrie seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Buddy Jaquith, Myrtle Street, referred to the recently approved Cherry Creek project which includes a regional drainage solution and expressed concerns about the project being delayed due to the development moratorium. He requested the Council to do everything it could to move the project forward as the regional drainage solution is a major priority for the City. Minutes: City Council /Redevelopment Agency Meeting Page 2 Tuesday, November 24, 2009 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. No public comments were received. Council Member Fellows requested Item 8.g. be pulled for questions. Action: Council Member Guthrie moved, and Mayor Pro Tem Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: Arnold 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 1, 2009 through November 15, 2009. 8.b. Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits for the period of October 31, 2009. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of November 10, 2009 and the Regular City Council /Redevelopment Agency Meeting of November 10, 2009, as submitted. 8.d. Consideration of Cancellation of December 22, 2009 City Council Meeting. Action: Canceled the regularly scheduled Council meeting of December 22, 2009 due to the holiday. 8.e. Consideration of Permission for Absences from City Council Meetings by Council Member Arnold. Action: Approved absences by Council Member Arnold from City Council meetings from October through December 2009. 8.f. Consideration of a Resolution Adopting an Amendment to the Full Flex Cafeteria Plan Section 125. Action: Adopted Resolution No. 4231 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AN AMENDMENT TO THE FULL FLEX CAFETERIA PLAN SECTION 125 TO UPDATE THE CAFETERIA PLAN RATES FOR 2010 ". ITEMS PULLED FROM THE CONSENT AGENDA 8.g. Consideration of Temporary Use Permit Case No. 09 -024 Authorizing the Closure of City Streets for the 7 Annual Arroyo Grande Village Improvement Association Christmas Parade, November 29, 2009. Recommended Action: Adopt a Resolution approving Temporary Use Permit 09 -024 for the 7th Annual Arroyo Grande Village Improvement Association Christmas Parade. Minutes: City Council /Redevelopment Agency Meeting Page 3 Tuesday, November 24, 2009 Council Member Fellows referred to the proposed water filled barricades, expressed concem with the disposal of the water following the event, and asked how many gallons of water the barricades hold, how many would be used, and how the water would be drained. Chief Annibali explained the benefits of using this type of barricade as an effective public safety measure; stated there would be 31 barricades used along the parade route; that each barricade holds 138 gallons of water; and that when the water is drained the majority of the water would flow to the bioswale. He stated if the barricades were not used, the alternative would be to utilize additional police officers on an overtime basis. City Manager Adams acknowledged that the City is sensitive to the concerns expressed; however, he believed that this was a valuable use of the water in this case. Action: Council Member Fellows moved to adopt Resolution No. 4232 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 09-024 AND AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE 7TH ANNUAL ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION CHRISTMAS PARADE, NOVEMBER 29, 2009 ". Council Member Guthrie seconded, and the motion passed on the following roll -call vote: AYES: Fellows, Guthrie, Costello, Ferrara NOES: None ABSENT: Arnold 9. PUBLIC HEARINGS: 9.a. Continued Public Hearing - Consideration of a Resolution Amending a Condition of Approval for Tentative Tract Map No. 2792 (VTTM 05 -003 and PUD 05 -007) for Property Located near Fair Oaks Avenue (East of Arroyo Grande Community Hospital), Applied for by Innovative Housing Solutions, Inc. City Manager Adams recommended the Council continue this item to the next regular City Council meeting of December 8, 2009 to allow staff and the applicant additional time to agree on the appropriate reimbursement for their proportional share of the South Alpine Water Main project. Action: Mayor Pro Tem Costello moved to continue the public hearing to the next regular City Council meeting of December 8, 2009. Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Costello, Fellows, Guthrie, Ferrara NOES: None ABSENT: Arnold 9.b. Consideration of Preliminary Approval of Community Development Block Grant Projects for Year 2010. Planning Manager Bergman presented the staff report and recommended the Council provide preliminary approval of proposed projects to be funded with the City's allocation of CDBG funds for the Year 2010. Minutes: City Council /Redevelopment Agency Meeting Page 4 Tuesday, November 24, 2009 Mayor Ferrara opened the public hearing. The following members of the public addressed the Council, thanking them for their past support, considering this year's funding request, and speaking briefly about their respective organizations: Pearl Munak, representing Transitional Food and Shelter, Inc. Della Wagner, representing the Maxine Lewis Memorial Shelter Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments included support for the proposed public service grants to be funded with the City's 2010 allocation of CDBG funds; acknowledgement that it is always difficult to fully accommodate all of the requests for grants; some continuing concern that the City's Facade Grant program is not requiring matching funds; thanks to staff for applying the criteria fairly; and thanks to the non - profit representatives for attending the meeting. 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 2010. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Ferrara NOES: None ABSENT: Arnold 9.c. Consideration of Redevelopment Agency Five -Year Implementation Plan. [CC /RDA] City Manager /Executive Director Adams presented the staff report and recommended the Council adopt a Resolution approving the proposed new Redevelopment Agency Five -Year Implementation Plan. Mayor /Chair Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council /Board comments included support for the proposed Five -Year Implementation Plan; that the Redevelopment Agency is a useful tool for the gradual elimination of substandard properties and for improving housing opportunities in the City; that preparation and approval of the Plan will comply with State law requirements; that the Plan identifies proposed projects within the redevelopment project area boundaries and includes most of the projects the City is currently working on; and acknowledgement of City Manager /Executive Director Adams for his extensive efforts and good work to make the Redevelopment Agency more viable. In response to a question regarding the map of the redevelopment area contained in the proposed plan, City Manager /Executive Director Adams explained that the map will be updated to reflect the current boundaries. Minutes: City Council /Redevelopment Agency Meeting Page 5 Tuesday, November 24, 2009 Action: Council /Board Member Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY ADOPTING THE 2009 -10 THROUGH 2013 -14 FIVE YEAR /MPLEMENATION PLAN FOR THE ARROYO GRANDE REDEVELOPMENT PROJECT AREA ". Council /Board Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Fellows, Costello, Ferrara NOES: None ABSENT: Arnold 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Fiscal Year 2009 -10 First Quarter Budget Status Report. [CC /RDA] Director of Administrative Services Kraetsch presented the staff report and recommended the Council approve Carryover Appropriations as shown on Schedule A and approve budget adjustments and recommendations as listed in the Quarterly Financial Report and shown on Schedule A. In response to a question by Council /Board Member Fellows regarding credit card fees, Director Kraetsch explained that the City accepts credit card payments for utility bill payments and that the credit card fees imposed on the City by the credit card companies cannot be passed on to the customer. She stated, however, that she would verify this information as it relates to current law. In response to a question by Council /Board Member Guthrie regarding the variances in the City Manager's budget, Director Kraetsch explained that a correction had been made to the budget so that the appropriate employee payroll expenditures are now being charged to the Legislative and Information Services budget, and that the correction would be reflected in the second quarter budget. Additionally, in response to a question about property tax savings, Director Kraetsch clarified that there was a significant savings in the City's property insurance and that a portion of those funds were transferred to the Police Department for the increase in the Animal Services contract. Mayor /Chair 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. Council /Board comments ensued in support of the First Quarter Budget Status Report; support for the proposed budget adjustments; acknowledgement for staffs efforts in controlling costs during difficult economic times; and that there are still many unknowns concerning the State budget. Minutes: City Council /Redevelopment Agency Meeting Page 6 Tuesday, November 24, 2009 Action: Council /Board Member Guthrie moved to approve Carryover Appropriations as shown on Schedule A and approve budget adjustments and recommendations as listed in the Quarterly Financial Report and shown on Schedule A. Mayor Pro TemNice Chair Costello seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: Arnold 11.b. Consideration of a Proposed Ordinance Adding Chapter 9.28 Entitled "Graffiti Abatement" to the Arroyo Grande Municipal Code. Chief of Police Annibali presented the staff report and recommended the Council introduce an Ordinance adding Chapter 9.28 entitled "Graffiti Abatement" to the Arroyo Grande Municipal Code. Council and staff comments and questions ensued concerning the graffiti removal program; that City staff is working with the County Sherriff's office to implement a graffiti removal truck which will be available for use by the City; clarification on how various graffiti implements are defined; required timeframes for removal of graffiti; and whether property owners can be reimbursed for graffiti removal in the event of vandalism. City Attorney Carmel referred to Section 9.28.140 of the proposed ordinance which includes provisions for reimbursing owners cost of graffiti abatement when funds are collected from the person creating the graffiti. 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. Council comment ensued in support of the proposed ordinance to establish a graffiti abatement program; acknowledgement of coordination with neighboring cities to have similar programs; that the proposed ordinance will allow the City better control of cost recovery to abate graffiti; and acknowledgement of staffs quick response to past graffiti complaints. Action: Council Member Fellows moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 9.28 ENTITLED "GRAFFITI ABATEMENT" TO THE ARROYO GRANDE MUNICIPAL CODE ". Mayor Pro Tem Costello seconded, and the motion passed on the following roll call vote: AYES: Fellows, Costello, Guthrie, Ferrara NOES: None ABSENT: Arnold 11.c. Consideration of a Proposed Ordinance Repealing and Replacing Chapter 5.56 of the Arroyo Grande Municipal Code in its Entirety Regarding Massage Establishments. Minutes: City Council /Redevelopment Agency Meeting Page 7 Tuesday, November 24, 2009 Chief of Police Annibali presented the staff report and recommended the Council: 1) Introduce an ordinance repealing and replacing Chapter 5.56 of the Arroyo Grande Municipal Code in its entirety regarding massage establishments; and 2) Repeal fees for the massage establishment permit and the massage technician permit from the City's Master Fee Schedule upon the effective date of the ordinance. Chief Annibali referred to supplemental information distributed to Council prior to the meeting which included a modification to Section 5.56.080(F) of the proposed ordinance. Council and staff comments and questions ensued concerning inspections and associated fees; that there would be a designated City contact person coordinating efforts with the California Massage Therapy Council; that a State database would be available for tracking licensed massage therapists and establishments; and that the proposed ordinance does not preclude the Police Department from following up on potential crime in the City related to massage therapy practices. 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. Council comments included support for the proposed ordinance; acknowledgment that State law now fully regulates massage therapy technicians and establishments; and that there would be no duplicative efforts. Action: Mayor Pro Tem Costello moved to introduce an Ordinance, as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING AND REPLACING CHAPTER 5.56 OF THE ARROYO GRANDE MUNICIPAL CODE IN ITS ENTIRETY REGARDING MASSAGE ESTABLISHMENTS ", as modified to include the revision to Section 5.56.080(F). Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellows, Ferrara NOES: None ABSENT: Amold Action: Mayor Pro Tem Costello moved to repeal fees for the massage establishment permit and the massage technician permit from the City's Master Fee Schedule upon the effective date of the Ordinance. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellows, Ferrara NOES: None ABSENT: Arnold 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA). SLOCOG meets next week; unable to attend the SLORTA meeting due to a League of California cities function. Minutes: City Council /Redevelopment Agency Meeting Page 8 Tuesday, November 24, 2009 (2) South San Luis Obispo County Sanitation District (SSLOCSD). Held special meeting to address a number of administrative items; announced that the District's co- generation facility will be dedicated formally on December 16 between 3:00 and 4:00 p.m. (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee. Still waiting for feedback from the consultant. (4) Recreation Center Subcommittee. The subcommittee is currently dark. (5) Other. None. b. MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board. 1) Discussed the State's water request and how it fits into the strategies for identifying additional water supply sources and needs of the County and Cities; a letter is being prepared for Mayors to sign. 2) Received information on the process for receiving approval of the Habitat Conservation Plan. 3) Received Quagga mussel update; no positive identifications have been made at Lopez Lake to date. (2) Air Pollution Control District (APCD). Has not met since the last report; however, there was an informational meeting for the APCD members in the South County on the technical results of the study that was done on particulate matter. There will be two public workshops held in South County in the near future on the matter. (3) Fire Oversight Committee. Has not met since the last report. (4) Other. None. c. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). Has not met since the last report. (2) Community Action Partnership. Received review of their Energy Conservation Department which weatherized over 4,000 homes using Federal stimulus funds; reported that the Health Center on E. Grand Avenue is just short of breaking even for the first time in ten years and should break even next year. (3) California Joint Powers Insurance Authority (CJPIA). No report. (4) Homeless Services Coordinating Council (HSOC). Discussed funding of the Executive Director position and will be moving forward with the funds that were directed for that purpose and cannot be used on other efforts. Mayor Ferrara mentioned he received a call from Assembly Member Blakeslee's staff in Sacramento regarding use of redevelopment funds for the homeless facility in San Luis Obispo County. City Manager Adams commented that there are efforts to draft legislation to allow the use of redevelopment funds outside of the City's borders. (5) Tourism Committee. Has not met since the last report. (6) Other. None. d. COUNCIL MEMBER ED ARNOLD: (ABSENT) (1) Integrated Waste Management Authority Board (IWMA). (2) Economic Vitality Corporation (EVC). (3) Other. Minutes: City Council /Redevelopment Agency Meeting Page 9 Tuesday, November 24, 2009 e. MAYOR PRO TEM CHUCK FELLOWS: (1) County Water Resources Advisory Committee (WRAC). Reported that 686 boats have entered into Lopez Lake and no Quagga mussels have been identified; and the lake is at 48.9% capacity. (2) Other. Attended the IWMA meeting as the Alternate; reported that the landfill has a 67% diversion rate and the IWMA Manager believes up to 90% can be achieved if trash is burned for energy. Santa Barbara City Council and the County have recently voted to enter into a cost sharing agreement in order to select a vendor to convert some of their trash into energy at the landfill. Also reviewed program objectives status as of October 2009. 13. CITY COUNCIL MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: ' None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara reminded the public about the Christmas Parade in the Village on Sunday, November 29, 2009 at 5:00 p.m. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 8:40 p.m. Tony Ferr yor /Chair ATTEST: / �� i // iii /0 Wetmore, #ty Clerk/Agency Secretary (Approved at CC jot )