Loading...
Minutes 2004-05-25 . MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, MAY 25,2004 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 7:00 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Dickens, Costello. Mayor Pro TemNice Chair Lubin, and Mayor/Chair Ferrara were present. Council/Board Member Runels was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Financial Services Snodgrass, Assistant City Engineer Linn, Director of Building and Fire Fibich, Community DeveJopment Director Strong, and Associate Planner Heffernon. 3. FLAG SALUTE Dan Cashier, President of the Rotary Club of Arroyo Grande, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS Mayor Ferrara requested, and the Council concurred, to adjourn the meeting in honor and memory of Private First Class MicheJangelo Mora. MichelangeJo was raised in Arroyo Grande, attended 10caJ schools, and was popular and well known in the community. He joined the Army and was assigned to a Fort Polk, Louisiana unit, but had been accepted to attend the elite 101st Army Airborne training after returning from Iraq. Michelangelo was scheduled to retum home from Iraq before his unit's tour of duty was lengthened last month. Sadly, he suffered a head injury in a vehicle accident while on patrol with his unit and passed away on May 14, 2004. On behalf of the City CounciJ and the City of Arroyo Grande, Mayor Ferrara expressed deepest sympathies to Michelangelo's parents, Maria and Mike. and their extended families. He also announced that in the near future, the City of Arroyo Grande would be planting and dedicating a tree at Rancho Grande Park in MicheJangelo's name. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Title Only Mayor Pro Tem Lubin moved, Council Member Costello 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. 8. CONSENT AGENDA CounciJ Member Costello requested that Item a.b. be pulled for separate roll-call vote. ----_.- _._~ , CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 2 Council Member Costello moved, and Mayor Pro Tern Lubin seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the exception of 8.b., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Costello, Lubin, Dickens, Ferrara NOES: None ABSENT: Runels 8.a. Cash Disbursement Ratification. Action: Approved the Jistings of cash disbursements for the period May 1, 2004 - May 15, 2004. 8.c. Consideration of Fiscal Year 2004-05 Appropriation Limit. Action: Adopted ResoJution No. 3750 establishing the appropriation limit from tax proceeds for fiscal year 2004-05. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of May 11, 2004 8.e. Consideration of Authorization to Solicit Proposals for Environmental Services for Creek Cleaning Work. Action: Authorized the solicitation of proposaJs for environmentaJ services to be provided in conjunction with cleaning the creeks. 8.f. Consideration of Disadvantaged Business Enterprise (DBE) Program for Federal Fiscal Year (FFY) 2004-2005. Action: 1) Approved the submittal of the FFY 2004/05 DBE Program with "proposed" Overall AnnuaJ. DBE Goal and submit to Caltrans by June 1, 2004; 2) Directed the Director of Administrative Services to publish a public notice in the JocaJ media in accordance with Section XIV of the Program; and, 3) Directed staff to return to the Council with a summary of public comments and approval to submit the FFY 2004/05 DBE Program with "established" Overall Annual DBE GoaJ to Caltrans by September 1, 2004. 8.g. Consideration of Acceptance of the Crown Hili Sewer Lining Project, PW 2003-06. Action: 1) Accepted the project improvements, a~ constructed by Sancon TechnoJogies, Inc., in accordance with the plans and specifications for the Crown Hill Sewer Lining Project; 2) Directed staff to file a Notice of CompJetion; and, 3) Authorized release of retention of $6,823.85, thirty-five (35) days after the Notice of CompJetion has been recorded, if no liens have beenfiJed. 8.h. Consideration of Authorization to Use City Property, Close City Streets, and Waive Permit Fees and a Portion of Police Service Fees for the Annual Arroyo Valley People's Choice Car Show on July 31, 2004; Temporary Use Permit No. 04-005. Action: Adopted Resolution No. 3751 authorizing the use of City property, closure of City streets, and waiver of permit fees and a portion of police service fees for the Annual Arroyo Valley People's Choice Car Show on July 31, 2004. Council Member Costello declared a conflict of interest on Item 8.b. due to ownership of real property and stepped down from the dais. _ .__ ~.~____n_.. ___ CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 3 S.b. Consideration of Confirmation of Assessments. Recommended Action: 1) Adopt ResoJution confirming landscaping assessments of forty dollars ($40) for all parceJs within Tract 1158; and, 2) Adopt ResoJution confirming landscaping and lighting assessments of one hundred dollars ($100) for all parceJs within Tract 1769. Mayor Pro Tern Lubin moved to approve staff's recommendations, CounciJ Member Dickens seconded, and the motion carried on the following roll-call vote: AYES: Lubin, Dickens, Ferrara NOES: None ABSENT: RuneJs, Costello 9. PUBLIC HEARING 9.a. Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow Financial Institution to Occupy Building uJ" of the Five Cities Shopping Center; 911 Rancho Parkway; Wells Fargo Bank. Associate PJanner Heffernon presented the staff report and stated the Planning Commission recommended the CounciJ adopt a ResoJution approving the proposed project. She responded to questions from Council regarding future occupancy in Phase II, traffic generation figures, empJoyee parking, automatic teller machine (A TM) lighting standards, loss of saJes tax revenue, and overall parking impacts. Mayor Ferrara opened the public hearing. Susan Ambrosia, Wells Fargo Bank Project Manager, stated this wouJd be a traditionaJ bank and responded to questions regarding employee parking, ATM lighting standards, the issue of sales tax revenue. and stated that banks typically locate in shopping centers and Wells Fargo would offer banking services for businesses Jocated in the Five Cities Center. Dave Pintard, Jnvestec, stated that the use wouJd be an asset to the Center and stated retailers currently located in the Center supported a bank at this Jocation. Craia Machado,. Via BandoJero, stated that the project impacts his home; spoke about the existing excessive noise leveJ at Trader Joe's; opposed any use that intensifies the traffic and noise levels; and stated he would like to see a new traffic study conducted and the noise issues addressed before approving this project. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Costello stated that Wells Fargo wouJd probabJy be a good addition to the Center that wouJd service the existing commercial facilities in the Center; however, there would be a trade-off with the loss of saJes tax revenue. He stated the bank wouJd draw customers to the existing retail stores in the Center. He expressed concerns about the project related traffic and its impact on Rancho Parkway, and stated that he would like to see a new traffic study before considering the project further. Council Member Dickens referred to the current projections for saJes tax revenue and stated that a bank could be a benefit to the Center. He stated that he sees a bank as a better use in Phase --~~_._--- ~'~""-,,,~..~, ....,-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 4 1 of the Center due to the traffic and parking problems the use wouJd create in Phase 2. He stated that there was a need to conduct a traffic analysis and that he was not prepared to make a decision until further information was received. Mayor Pro Tem Lubin stated that Wells Fargo wouJd not be a high volume bank; commented that the A TM lighting issue was based on State regulations; commented that the building proposed for occupancy by Wells Fargo has been vacant for more than five years; said he did not want to assume that this use wouJd impact Pad I; and that the existing parking was adequate. With regard to the noise factor, he agreed that there were ordinances in pJace to address high noise level impacts and that these issues should be referred to the Police Department or City Manager. Jn response to questions regarding past and current saJes tax revenue projections, City Manager Adams reported the figures provided by the FinanciaJ Services Director for fiscal years 2002-03 and 2003-04. Mayor Pro Tem Lubin acknowledged that traffic issues exist and stated that the issue was whether a bank wouJd benefit the City. He said the bank wouJd benefit the City in this Jocation, on this side of the freeway. He commented that the traffic generation and parking impacts would be the same or Jess compared to any retail use. Mayor Ferrara stated that a bank wouJd be more suitably located in other locations within Phase 1 of the Center and not at the proposed location in Phase 2. He spoke about the traffic probJems and impacts going across Rancho Parkway from Phase 1 to Phase 2. He suggested that Investec taJk to Wal-Mart representatives for locating a bank in Phase 1 in the empty space next to WaJ-Mart. He said there was a need for Jow intensity uses in Phase 2. He aJso requested that an expanded traffic study be conducted for the entire Center that included driveway counts at peak periods. CounciJ Member Costello moved that consideration of Amended ConditionaJ Use Permit Case No. 04-001 to allow a financial institution to occupy Building J of the Five Cities Shopping Center; 911 Rancho Parkway, Wells Fargo Bank be postponed to a date uncertain untiJ such time a traffic study is conducted of conditions on Rancho Parkway and W. Branch Street that takes into consideration impacts from the proposed project. Council Member Dickens seconded the motion, and requested further discussion. He stated he had concerns with parking and stated he would like to see the traffic analysis for Phase 1/ include assumptions for Pad I, as well as include parking assumptions for Pad I. Council Member Costello agreed to amend his motion to include a review of traffic and parking issues based upon a pJan for the entire Phase 1/ site. including proposed modifications to Pad I. CounciJ Member Dickens seconded the amended motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Lubin ABSENT: RuneJs There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 5 10. CONTINUED BUSINESS 10.a. Consideration of the Arroyo Grande Creek Habitat Conservation Plan. Assistant City Engineer Mike Linn introduced Doug Bird, Project Manager, and Kate Ballantyne, Environmental Resource Specialist, who gave a PowerP6int presentation on the Flood Control Zone 3 Lopez Project relating to water rights and endangered species. Mr. Bird stated that the presentation would explain what a Habitat Conservation Plan (HCP) is, why an HCP was prepared, and what the benefits and burdens of an HCP are. Ms. Ballantyne gave an overview of the HCP, events leading to the preparation of the Arroyo Grande Creek HCP, proposed mitigation, and the HCP review and approval process. Mr. Bird explained the HCP's anticipated results, gave an overview of the concerns relating to water suppJy and financial impacts, reviewed the HCP schedule of costs, reviewed penaJties for violation of the Endangered Species Act, and expJained the next step was to enter into a formaJ public review and comment period. Following the presentation, Mr. Bird and Ms. Ballantyne responded to questions from Council. Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public comment period. There was no action on this item. The Council received and accepted the San Luis Obispo County staff presentation on the Arroyo Grande Creek Habitat Conservation Plan. Mayor Ferrara called for a break at 9:35 p.m. The Council reconvened at 9:45 p.m. 11. NEW BUSINESS 11.a. Consideration of a Cooperative Fire Services Agreement with the City of Grover Beach and the Reorganization of Code Enforcement. Director of Building and Fire Fibich presented the staff report and recommended the Council accept and conceptually approve entering into a cooperative agreement that will allow the sharing of the Fire Chiefs and the Administrative Captain's functions and reorganizing the Code Enforcement function into the Department of Building and Fire. He introduced City of Grover Beach Interim Fire Chief Doug Hamp and stated they were available to answer questions. City Manager Adams then gave an overview of the proposaJ to transfer code enforcement operations to the Fire Department. Director of Building and Fire Fibich responded to questions from Council Members regarding the code enforcement function and responsibilities. Mayor Ferrara opened the item for public comment. Dave Crockett, Arroyo Grande Code Enforcement Officer, spoke in opposition to the proposed restructuring of the Code Enforcement function, gave a presentation and submitted materials for the record regarding the elimination of the code enforcement officer position (hard copy on file in the Administrative Services Department). CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 6 Rick Searcy, representing Oceano Community Services District (OCSD), commented that OCSD and the City of Grover Beach have a current agreement in place to share services. He requested that as the Arroyo Grande City CounciJ considers entering into an agreement with Grover Beach, that OCSD wants to continue to b8f1voJved in joint training opportunities. He supported Arroyo Grande's efforts for shared services and concluded his comments by suggesting an oversight committee be created to consist of representatives from each Council and Board. Bruce Corsaw, representing SEIU Local 620, spoke in opposition to the proposal regarding the reorganization of code enforcement and requested the Council not accept or approve that portion of the proposal. Peaav Wilson, Oceano resident, supported the City's efforts regarding the joint agreement for fire services. She also supported the expertise of the current Code Enforcement Officer. Hearing no further public comments, Mayor Ferrara closed the public comment period. . CounciJ Member Costello asked questions of staff regarding the benefits to the City of sharing fire services; how the code enforcement duties will be managed within the Fire Department; clarification regarding citation authority; and clarification regarding approvaJ of the proposaJ by the Grover Beach City Council. He commented that a cooperative agreement with Grover Beach is a positive move; encouraged OCSD involvement; and expressed some reservation about code enforcement; however, he supported staffs recommendation. Council Member Dickens stated he supported the operational changes with fire services; however, he was not satisfied that the proposed restructuring of Code Enforcement would adequately address the expectations of Arroyo Grande residents. He commented that if the code enforcement component was removed from the proposal, he could support the plan. He stated that code enforcement requires certain training and expertise. He said there was a lack of accountability for code enforcement in the proposed reorganization. He suggested moving forward with the conceptual plan minus the transfer of code enforcement. Mayor Pro Tem Lubin favored the proposed agreement between the two cities. He stated that OCSD should be considered, especially for training opportunities. He asked if the proposed restructuring of code enforcement had been discussed with the fire personnel and what their response was. Director of Building and Fire Fibich responded that there had not been any negative reaction. Mayor Pro Tem Lubin said that from an economic and workload standpoint, he supported transferring code enforcement to the Fire Department. He acknowledged that it was difficult to eliminate a position; however, in light of budgetary shortfalls, he supported staffs recommendation. He supported the fire organization proposal, moving code enforcement to the Fire Department, and elimination of the code enforcement position. Mayor Ferrara acknowledged that as far as code enforcement, it is clear that it will continue to required continuing education and training. He stated that standardization would be required to maintain a JeveJ of proficiency of enforcement. He supported following through with the conceptual framework as proposed and stated he would like to see in place an established procedure for code enforcement which includes training, standardization, and accountability. He emphasized that he would like to see that code enforcement efforts are proactive instead of complaint driven. . CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 7 Following further discussion, CounciJ Member Dickens moved to accept and conceptually approve staff's recommendation to enter into a cooperative agreement with the City of Grover Beach that will allow the sharing of the Fire Chiefs and the Administrative Captain's functions and direct staff to return to the CounciJ after one year following the reorganization to revisit the code enforcement function and determine how it could be transferred into the Dept of Building and Fire. CounciJ Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Costello NOES: Lubin, Ferrara ABSENT: Runels There being 2 AYES, 2 NOES, and 1 ABSENT, the motion was lost on a tie vote. Mayor Pro Tem Lubin moved to accept and conceptually approve staff's recommendation to enter into a cooperative agreement with the City of Grover Beach that will allow the sharing of the Fire Chiefs and the Administrative Captain's functions and reorganize the Code Enforcement function into the Department of Building and Fire. Mayor Ferrara seconded the motion, and on the following roll-call vote: AYES: Lubin, Ferrara, Costello NOES: Dickens ABSENT: Runels There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. 11.b. Consideration of Third Quarter Budget Status Report [COUNCIURDA]. Director of Financial Services Snodgrass presented the staff report and recommended the CouncillRDA Board: 1) Approve detailed budget adjustments and recommendations as shown on Schedule B; and, 2) Approve Schedules A through E incJuded in the Third Quarter Budget Status Report. Mayor/Chair Ferrara opened the item for public comment, and hearing none, he closed the public comment period. Mayor Pro TemlVice Chair Lubin moved to approve detailed budget adjustments and recommendations as shown on Schedule B; and approve Schedules A through E included in the Third Quarter Budget Status Report. Council/Board Member Dickens seconded the motion, and on the following roll-call vote: AYES: Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: Runels There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. ---- ---. - ~ CITY COUNCIUREDEVELOPMENT AGENCY MINUTES MAY 25, 2004 PAGE 8 11.c. Consideration of Ten Year Financial Plan, Phase III. Director of Financial Services Snodgrass gave a presentation of the City of Arroyo Grande General Fund Ten Year Financial Plan, Phase III. She gave an overview of the FinanciaJ PJan objectives, reviewed components of the three phase PJan, gave an update on Phase II of the Plan, and presented needs, goaJs, and funding strategies for Phase III of the Plan. Staff recommended the Council receive, provide comments, and accept the Ten Year FinanciaJ PJan, Phase III - Future Needs and Objectives. Staff responded to questions from Council. Mayor Ferrara opened the item for public comment, and hearing none, he cJosed the public comment period. Council Member Dickens moved to accept the Ten Year FinanciaJ Plan, Phase III - Future Needs and Objectives. Mayor Pro Tern Lubin seconded the motion, and on the following roll-call vote: AYES: Dickens, Lubin, Costello, Ferrara NOES: None ABSENT: Runels There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. Pursuant to Council policy, at 12 midnight Mayor Ferrara asked if there was unanimous consensus of the Council to compJete the items on the Agenda. Council Member Dickens moved to adjourn the meeting and continue Item 11.d. Consideration of Initiating a General PJan A!'nendment for Property Located on Noyes Road (APN's: 007-781-055 & 007-781-056) Planned Development (1.2), City of Arroyo Grande (CastJerock Development), and Item 12. City Council Repo$ to the next regular meeting. Mayor Pro Tern Lubin seconded the motion, and the motion carried unanimousJy. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 12:06 a.m. Ton~ A TTEST./ ~/M~ Kelly tm e, Director of Administrative Servlcesl Deputy City Clerk/Agency Secretary (Approved at CC Mtg (;"/'l~O1) --