Loading...
Minutes 2004-07-13 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JULY 13,2004 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the ReguJar City CounciVRedeveJopment Agency meeting to order at 7:11 p.m. 2. ROLL CALL City CounciVRDA: CounciVBoard Members Runels, Lubin, Dickens, and Mayor/Chair Ferrara were present. Council/Board Member Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnofo, Director of Financial Services Snodgrass, Community Development Director Strong, and Associate PJanner Heffernon. 3. FLAG SALUTE Bob Carr, representing Arroyo Grande Lions CJub, led the FJag Salute. 4. INVOCATION Pastor Paul Jones delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Presentation of Mayor's Commendation to Fred Sweeney. Mayor Ferrara presented a Mayor's Commendation to Fred L Sweeney for outstanding contributions to the community through coordination of the City Hall Feasibility Study and Needs Assessment. 5.b. Presentation by Ride-On Transportation. Mark Shaffer, Executive Director, gave a presentation regarding Ride-On Transportation, a non- profit organization that provides transportation services within San Luis Obispo County. He gave an overview of the transportation services available to City of Arroyo Grande residents. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Title Only CounciVBoard Member Runels moved, Mayor Pro TemlVice Chair Lubin seconded, and the motion passed unanimously that all resoJutions and ordinances presented at the meeting shall be read in titJe onJy and all further reading be waived. CounciVBoard Member Dickens requested that the Council adjourn tonight's meeting in memory of Craig Kaiser, former Senior Advisory Commissioner, who recently passed away. 7. CITIZENS'INPUT. COMMENTS. AND SUGGESTIONS Vern Frederick. Pismo Beach, expressed concerns that the City is accessing his property adjacent to Reservoir No. 4 without first obtaining permission. Mayor Ferrara asked if staff is - ~---_.._...~--- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 2 following up on this issue. City Manager Adams responded that he believed the issue has been resolved. 8. CONSENT AGENDA Council/Board Member Runels requested that Item 8.k. be pulled for comment. Mayor/Chair Ferrara requested that Item 8.L be pulled for discussion. Council/Board Member Runels moved, and Council/Board Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of items 8.L and 8.k., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Runels, Dickens, Lubin, Ferrara NOES: None ABSENT: Costello 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period June 16, 2004 through June 30, 2004. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of June 30, 2004. 8.c. Consideration of Award of Contract to MAXIMUS for Mandated Cost Recovery Services. Action: Adopted Resolution No. 3759 authorizing the City Manager to enter into a binding agreement with MAXJMUS for mandated cost recovery services. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of June 22, 2004 as submitted. 8.e. Consideration of a Resolution Establishing Policy to Waive Permit Application Fees for Certain Annual Temporary Use Permits. Action: Adopted Resolution No. 3760 modifying the policy and procedure regarding waiving permit application fees for certain annual Temporary Use Permits. 8.1. Consideration of Compensation Adjustment for Part-Time Employees. Action: Adopted Resolution No. 3761 approving a 3% Cost of Living (COLA) adjustment for Part-time Employees for FY 2004-05 and a 5% COLA for Police Reserve positions. 8.g. Consideration of Compensation Adjustment for Fire Volunteers and the Fire Mechanic Position. Action: Adopted Resolution No. 3762 approving a Cost of Living Adjustment (COLA) of 5% for the Fire Volunteers Stipend Program and for the Fire Mechanic part-time pay for FY 2004-05. 8.h. Consideration of Annual Agreement with the San Luis Obispo County Visitors & Conference Bureau. [COUNCIURDA] Action: Authorized the Mayor to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (SLOCVCB). 8.j. Consideration of Management Salary Range for the Accounting Supervisor Position. Action: Adopted Resolution No. 3763 establishing the management salary range for the position of Accounting Supervisor. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 13, 2004 PAGE 3 8.i. Consideration of Annual Agreement with the Economic Vitality Corporation of San Luis Obispo County. [COUNCIURDA] Recommended Action: Authorize the Mayor to execute the annual Agreement with the Economic Vitality Corporation of San Luis Obispo County (EVCSLOC). Mayor/Chair Ferrara requested whether information from the EVC was available detailing the direct benefits the City receives from the EVC, such as recipients of the Small Business Loan Program, and the number of business referrals to the City. Mayor Pro TemNice Chair Lubin explained that information was provided on a monthly basis and that the Council/RDA could be provided with an annual report from the EVC identifying referrals to the City and participants in the Small Business Loan Program. Staff was directed to follow up on this item. 8.k. Consideration to Approve a Revised Consultant Services Agreement with Tenera Environmental to Provide Services in Conjunction with the Annual Creek Cleaning Program. Recommended Action: 1) Approve a revised consultant services agreement with Tenera Environmental for services in conjunction with the annual creek cleaning program in the amount of $13,925.00; and 2) Authorize the Mayor to execute the agreement. Council Member Runels expressed concerns regarding the purpose of this proposal, as well as the costs to the City. Director Spagnolo gave an overview of the process required by the City prior to commencing the creek cleaning program. Council Member Runels moved, and Mayor Pro Tem Lubin seconded the motion to approve staff's recommendations for Jtems 8.i and 8.k. The motion carried on the following roll-call vote: AYES: Runels, Lubin, Dickens, Ferrara NOES: None ABSENT: Costello 9. PUBLIC HEARINGS 9. Consideration of Adoption of Ordinance and Resolution Regarding Underground Utilities and the Establishment of an Underground Utility In-Lieu Fee. City Manager Adams introduced Administrative Jntern Jon Ansolabehere. Mr. Ansolabehere presented the staff report and recommended the Council: 1) Adopt the Ordinance amending Arroyo Grande Municipal Code Section 16.68.050 regarding underground utilities; and 2) Adopt a Resolution establishing an underground utility in-lieu fee. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Council Member Dickens moved to adopt an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL CODE SECTION 16.68.050 REGARDING UNDERGROUND UTILITIES AND THE ESTABLISHMENT OF AN UNDERGROUND UTILITY IN LIEU FEE". Council Member Runels seconded the motion, and on the following roll-call vote: ,.,...-.........-..-- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 13, 2004 PAGE 4 AYES: Dickens, Runels, Lubin, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Dickens moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING FORTH THE AMOUNT OF THE CITY OF ARROYO GRANDE'S UNDERGROUND UTILITY IN-LIEU FEE". Council Member Runels seconded the motion, and on the following roll-call vote: AYES: Dickens, Runels, Lubin, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.b. Continued Public Hearing - Consideration of Tentative Tract Map Case No. 04-001; Condominium Tract Map for a Previously Approved 60-Unit Senior Apartment Complex; 579 Camino Mercado; Camino Mercado Partners, LP. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving Tentative Tract Map 04-001. She responded to questions from Council regarding mitigation for oak tree removal; clarification of staff's recommendations regarding fee credits; conditioning the project so that the Senior Center was dedicated in perpetuity; how the Senior Center would be managed and maintained; whether or not the Homeowners Association fee would be same for all residents; clarification regarding the type of housing and the applicant's rationale for converting from apartments to condominiums; and whether a comprehensive survey was conducted of seniors concerning ownership versus renting. Jason BlankenshiD, representing the applicant, distributed results of two surveys conducted regarding rent versus ownership. He explained that one survey was conducted at an AARP meeting and the other was conducted at a Five Cities Senior meeting. He expJained that while not too scientific, the survey results showed a preference among seniors for ownership. Mayor Ferrara opened the public hearing. Rav Abdun-Nur, Via Las Aguilas, expressed concerns that fuel modification and weed abatement had not been completed on the subject property and inquired why the City was not enforcing its regulations. He expressed concerns about the future conversion of the proposed Senior Center to another use and who would clean and maintain the Senior Center. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Dickens addressed the issue of rental units versus condominiums. He referred to the Courtland senior housing project which will provide rental units and stated that this project would help serve other segments of the senior population. He commented that this project meets the goals of the City's Housing Element. He requested language be added in the conditions of approval that the Senior Center be dedicated in perpetuity for general public use by -.._--~~. ~,--. ~,,~'''''._''.'<- ."'--' -~."' "-"'-~~ -".,.-..,- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 13, 2004 PAGE 5 South County seniors, and assurances that it will be adequately maintained. He acknowledged . that the concerns expressed regarding weed abatement would be referred to staff for follow-up. He concluded by supporting the proposed condition regarding affordable housing units as recommended by staff and agreed with the proposed fee credits. Council Member Runels agreed that this was a worthy project; supported the staff proposed affordable housing unit allocation; supported a condition that requires dedication of the Senior Center for use by South County seniors in perpetuity; and supported inclusion of a provision concerning continued maintenance of the Senior Center. He supported the project as proposed. In response to Mayor Pro Tern Lubin's questions concerning maintenance responsibilities, City Attorney Carmel referred to the proposed Conditions, Covenants & Restrictions (CC&Rs) for the project that include provisions for maintenance responsibilities. Mayor Pro Tern Lubin asked if there was any benefit for using a deed restriction. City Attorney Carmel explained that there was adequate protection in place and there was no need for a deed restriction. Mayor Pro Tem Lubin supported the recommended condition for affordable housing units; expressed concern about daily maintenance of the Senior Center; favored the project, stating that the seniors need the housing and a senior center; stated that the project provided seniors an opportunity for ownership; and stated that the project would result in a traffic signal at Camino Mercado and W. Branch. Mayor Ferrara asked for an update on the Courtland senior housing project. City Manager Adams gave an update, stating that the applicant has received tax credits for the project. Mayor Ferrara stated that the issue for providing senior rental units at this location was less important now since the Courtland senior housing project would be moving forward and would provide rental units. He supported staff's recommendation for allocation of affordable housing units. Mayor Pro Tern Lubin moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP CASE NO. 04-001, LOCATED AT 579 CAMINO MERCADO, APPLIED FOR BY CAMINO MERCADO PARTNERS, Lpn. Council Member Runels seconded the motion. Council Member Dickens asked staff to review the amendments to the Resolution and whether the motion included the amendments. City Attorney Carmel reviewed the amendments to the Resolution, as follows: Condition #21 to read as follows: "The applicant shall submit CC&Rs that are administered by a subdivision homeowners' association formed by the applicant. The CC&Rs shall include provisions for ownership, maintenance in good condition, and repair of common areas within the subdivision including, but not limited to the Senior Center."; New Condition #62 to read as follows: "Senior Center Agreement - Prior to issuance of the Certificate of Occupancy, the applicant shall enter into an agreement with a private, non-profit entity or public entity for the operation of the Senior Center (currently shown as Lot 62) within the project for the maximum benefit of the Arroyo Grande and South County senior citizen community. The Agreement shall be in perpetuity and shall be subject to the approval of the City Manager and City Attorney."; and existing Condition #62 will be renumbered to Condition #63. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JUL Y 13, 2004 PAGE 6 Mayor Pro Tem Lubin agreed to amend his motion to include the modifications to the Resolution as stated by the City Attorney, Council Member Runels seconded the amended motion, and on the following roll-call vote: AYES: Lubin, Runels, Dickens, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 9.c. Consideration of a Resolution Modifying Development Impact Fees for Low and Very Low Income Affordable Housing Units. . City Manager Adams presented the staff report and recommended the Council adopt a Resolution modifying development impact fees for low and very low-income affordable housing units. In response to a question from Mayor Pro Tem Lubin, City Manager Adams explained that the modification of the development impact fees would appJy to the two senior projects currentJy being proposed. Mayor Ferrara expressed concern regarding potentiaJ fiscal impacts to the City should the RegionaJ Housing Needs Plan numbers change. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Council Member Dickens moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE DEVELOPMENT IMPACT FEE SCHEDULE". Mayor Pro Tem Lubin seconded the motion, and on the following roll-call vote: AYES: Dickens, Lubin, Runels, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Fiscal Year 2004-05 Budget Update. Director of Financial Services Snodgrass presented the staff report and recommended the Council: 1) Approve detailed budget adjustments and recommendations as shown in Schedule B; and 2) Approve ScheduJes A through D included in the Budget Update Report. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 7 Mayor Ferrara opened the item for public comment, and upon hearing none, he closed the public comment period. Council Member Runels moved to approve detailed budget adjustments and recommendations as shown in Schedule B; and approve Schedules A through D included in the Budget Update Report. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Runels, Dickens, Lubin, Ferrara NOES: None ABSENT: Costello There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 11.b. Consideration of Approval of an Agreement with the City of Grover Beach to Provide Joint Street Sweeping Services. Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Approve an Agreement with the City of Grover Beach to provide street sweeping services and authorize the Mayor to execute the Agreement; 2) Authorize. the solicitation of equipment bids; and 3) Authorize one additional maintenance worker position in the Public Works Department. Staff responded to questions from Council concerning maintenance of the in-house equipment; time requirements and scheduling issues; cost savings to the City; and how growth and an increase in curb miles would be accommodated with the proposed resources. Mayor Ferrara opened the item for pUblic comment. Dane PhiIliDS, Arroyo Grande, stated that he was stepping down from Daystar Industries and he introduced Sean St. Denis, SP Maintenance Services, who was taking over his client list and would provide good service to the City. Sean St.Denis, SP Maintenance Services, gave a background of his street sweeping business and confirmed that he had acquired Daystar's customers. He referred to the staff report and disagreed with some of the information presented with regard to labor and equipment costs, based on his experience and observation. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council Member Runels acknowledged that he has been an advocate of bringing the street sweeping service in-house. He commented that this was an opportunity to try it on a trial basis to see if it could be successful. Council Member Dickens expressed concern that the issues were providing satisfactory service to the community and fiscal responsibility. He stated that he was not comfortable that this proposal would have a positive fiscal result. He acknowledged that complaints about street sweeping that he has received have decreased significantly over past years. He recommended giving SP Maintenance. Services a .chance to take over the service and rejecting staffs recommendation. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 8 Mayor Pro Tem Lubin expressed concerns about cost recovery. He stated that he generally prefers to subcontract services of this nature to a professional and that he was not comfortabJe bringing this service in-house based on such a projected small savings to the City. He suggested rejecting staff's recommendation and either soliciting new bids or approving a continuation of the existing month-to-month contract and its assignment to SP Maintenance. Mayor Ferrara asked if the City could conduct a one-year trial and what would happen to the full- time Maintenance Worker the City wouJd hire should the City discontinue the service in-house. He expressed concerns about the fueJ costs and the potential for discrepancy in the proposed figures and aJso expressed concern with equipment downtime. There was further discussion on the benefits to performing the service in-house on a trial basis, and the need to further clarify the discrepancies concerning labor and fuel costs. City Manager Adams asked the Council to continue the item to give staff an opportunity to refine and confirm information in the staff report and to address Council's questions. Mayor Pro Tem Lubin moved to continue the item to a date uncertain. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Lubin, Dickens, RuneJs, Ferrara NOES: None ABSENT: Costello There being 4 AYES and 1 ABSENT, the motion is hereby declared to be passed. 11.c. Consideration of East Grand Avenue Streetscape Enhancement at Courtland Street Intersection Corners, City of Arroyo Grande Proposals. Community Development Director Strong presented the staff report and recommended the Council: 1) Accept the offer of dedication from Gill's Market owners for an Easement; 2) Authorize the Mayor to execute a Certificate of Acceptance and record subject to the terms and conditions outlined, and 3) Appropriate $30,000 for City streetscape enhancements incJuding a low screen wall, elimination of a driveway, new landscaping on the northeast corner and reJocation of signal control equipment boxes on the southeast corner of the site. Mayor Ferrara opened the item for pUblic comment, and upon hearing no public comments, he cJosed the pUblic comment period. Council Member Runels moved to accept the offer of dedication from Gill's Market owners for an Easement; authorize the Mayor to execute a Certificate of Acceptance and record subject to the terms and conditions outlined, and appropriate $30,000 for City streetscape enhancements including a low screen wall, elimination of a driveway, new landscaping on the northeast corner and relocation of signal control equipment boxes on the southeast corner. Mayor Pro Tem Lubin seconded the motion, and on the following roll-call vote: AYES: RuneJs, Lubin, Dickens, Ferrara NOES: None ABSENT: Costello "---- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 13, 2004 PAGE 9 There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS a) Request to place on future agenda consideration of formal City opposition to the Gaming Revenue Act of 2004. (FERRARA) Mayor Ferrara requested, and the Council agreed, to place on a future agenda consideration of a formal position on the Gaming Revenue Act of 2004. b) Request to place on future agenda consideration of formal position on Halcyon/Highway 1 Realignment Project proposed by the County of San Luis Obispo. (DICKENS) Council Member Dickens requested, and the Council agreed, to place on a future agenda consideration of a formal position on the County's Halcyon/Highway 1 Realignment Project proposal. c) Request from Council Member Runels - Orchard Avenue (RUNELS) Council Member Runels requested, and the Council agreed, to place on a future agenda consideration of the proposal by the Busick Tract regarding Orchard Avenue. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara announced that the next League of California Cities Channel Counties Division meeting would be held in Camarillo on Friday, July 23, 2004. Council Member Dickens reported that he would not be present at the next Council meeting of July 27, 2004. 15. STAFF COMMUNICATIONS City Manager Adams announced that the Arroyo Grande Fire Station Dedication and Open House would be held on Saturday, July 24th at 11 :00 a.m. and invited the City Council and members of the public to attend. 16. COMMUNITY COMMENTS AND SUGGESTIONS: Vem Frederick, Pismo Beach, requested that the City notify him before anyone accesses his property to get to the Reservoir No. 4 site. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 10:34 p.m. in memory of Craig Kaiser. -.--- ------ --------------- ------~~-- ----~...,,_.- -- -- ----- ----- CITY COUNCIUREDEVELOPMENT AGENCY MiNUTES JULY 13, 2004 , PAGE 10 J~~~~ Tony rar , Mayor/Chair ATTEST: Kelly~,l~~lveservl~ Deputy City Clerk/Agency Secretary (Approved at CC Mtg 1- ~ 1- c1) I I .--" -