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Minutes 2005-07-12 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, JULY 12, 2005 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 7:05 p.m. 2. ROLL CALL City Council: Council/Board Members Dickens, Guthrie, Arnold, and Mayor/Chair Ferrara were present. Mayor Pro TemlVice Chair Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore; Director of Public Works/City Engineer Spagnolo, Director of Financial Services Pillow, Director of Building and Fire Fibich, Director of Community Development Strong, and Assistant Planner Bergman. 3. FLAG SALUTE Mayor/Chair Ferrara led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATION 5.a. Mayor's Commendation Recognizing Greg Nester, Nester Construction for Contribution to the "Let There Be Lights" Program. Mayor Ferrara deferred consideration of the scheduled presentation as Mr. Nester was not present. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read In Title Only. Council Member Arnold moved, Council Member Guthrie 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 Steve Thaver, representing Big Brothers & Big Sisters of San Luis Obispo County, gave a brief background of the organization and presented a plaque on behalf of the Board of Directors, staff, and youth to the Mayor and City Council thanking the City for its service and support. 8. CONSENT AGENDA Mayor Ferrara requested that item 8.g. (Consideration to Approval of a Services Agreement with Tuckfield & Associates to Prepare a Storm Water Study) be pulled for questions. Mayor Ferrara asked if the proposed study could be performed in-house and asked if there was potential grant money available to fund the study. . Director Spagnolo responded that $30,000 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 12, 2005 PAGE 2 had been budgeted for the Water Master Plan Update and that some of those monies would be used to fund the storm water study. City Manager Adams added that the study would also consider the establishment of a new development impact fee and that State law requires a comprehensive study to be completed prior to establishment of any new development impact fees. CounciVBoard Member Dickens moved, and Council/Board Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Dickens, Guthrie, Arnold, Ferrara None Costello S.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period June 1, 2005 through June 30, 2005. S.b. Consideration of Rejection of Claim Against City - S. Bundren. Action: Rejected claim. S.c. Consideration of Authorization to Solicit Bids for 4x4 Utility Passenger Vehicle and to Declare Surplus and Sell Used Command Vehicle to Templeton Fire Department. Action: Authorized the solicitation of bids for new vehicle and adopted Resolution No. 3862 declaring surplus property to be transferred to the Community Services District of Templeton consisting of one 1995 Chevrolet Suburban Fire Command Vehicle. S.d. Consideration of a Resolution Revising the Job Description for the Fleet Maintenance Coordinator Position. Action: Adopted Resolution No. 3863 revising the job description for the Fleet Maintenance Coordinator position. S.e. Consideration of Agreement with Rutan & Tucker, LLP to Provide Special Counsel Legal Services to the City and Redevelopment Agency. [COUNCIURDA] Action: 1) Authorized the City Manager/Redevelopment Agency Executive Director to terminate the existing contract; and 2) Authorized the Mayor/Redevelopment Agency Chair to execute the Agreement with Rutan & Tucker, LLP for redevelopment special counsel legal services. S.t. Consideration of an Award of a Consultant Services Agreement with Tenera Environmental to Provide Services in Conjunction with the Annual Creek Cleaning Program. Action: 1) Approved a Consultant Services Agreement with Tenera Environmental for services in conjunction with the annual creek cleaning program in the amount of $14,260; and 2) Authorized the Mayor to execute the Consultant Services Agreement. S.g. Consideration to Approval of a Services Agreement with Tuckfield & Associates to Prepare a Storm Water Study. Action: 1) Approved a Services Agreement with Tuckfield & Associates in the amount 01 $19,900 to prepare a Storm Water Study; and 2) Appropriated $19,000 from the Drainage Fund for the Storm Water Study. - S.h. Consideration of Acceptance of the Creekside Path, Phase III LIghting Project, PW 2004-03. Action: 1) 'Accepted the project improvements, as constructed by Lee Wilson Electric, Inc. in accordance with the plans and specifications; 2) Directed staff to file a Notice 01 CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 12, 2005 PAGE 3 Completion; and 3) Authorized release of retention thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.i Consideration of Approval of Final Tract Map 2310 - Phase I (S&S Homes); Subdividing 2.1 Acres into Thirteen Residential Parcels. Action: Approved Final Tract Map 2310 - Phase I, subdividing 2.1 acres into thirteen (13) residential parcels. 5. SPECIAL PRESENTATION 5.a. Mayor's Commendation Recognizing Greg Nester, Nester Construction for Contribution to the "Let There Be Lights" Program. Upon the arrival of Mr. Greg Nester, Mayor Ferrara presented him with a Mayor's Commendation for his generous contribution to the "Let There Be Lights" Program. 9. PUBLIC HEARINGS 9.a. Consideration of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code Entitled "Historical Resources Committee," and Amending Chapter 16.04 "Definitions" and Adding Section 16.16.211 to Title 16 of the Arroyo Grande Municipal Code Entitled "Minor Use Permit - Historical Resource Determination" and a. Resolution Establishing Appointment Procedures for the Historical Resources Committee (HRC), Establishing a Historic Resources Committee and a Historic Designation Process. Assistant Planner Bergman presented the staff report and recommended that the Council continue the public hearing item to the Regular City Council meeting of August 9, 2005 so that additional notice could be provided. 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 spoke in support of the proposed establishment of a Historical Resources Committee: Kathleen Sullivan, Gordon Bennett, and Sandra Loomis CabasL . No further public comments were received and the Mayor closed the public hearing. Council discussion and comments ensued concerning the proposed qualifications for members s~rving on the Historic Resources Committee; acknowledgment that there were many people in the South County, especially those belonging to the South County Historical Society, who do not necessarily live within the City limits but have valuable historical knowledge. Additionally, Mayor Ferrara requested that preamble language in the proposed Ordinance be modified to be more definitive since it is not clearly specified who determines feasibility when it relates to preserving historic structures. - Following Council comments in support of the proposed Ordinance, staff was directed to modify the criteria for selecting _ Historical Resources Committee members to require only historical preservation knowledge and/or experience and eliminate requirements for technical experience; CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 12, 2005 PAGE 4 to specify that members are not required to live in the City of Arroyo Grande; and to eliminate any restrictions on members concurrently serving on other boards and commissions. Council Member Guthrie moved to continue consideration of an Ordinance adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code entitled "Historical Resources Committee," and amending Chapter 16.04 "Definitions" and adding Section 16.16.211 to Title 16 of the Arroyo Grande Municipal Code Entitled "Minor Use Permit - Historical Resource Determination" and a Resolution Establishing Appointment Procedures for the Historical ResourcE;ls Committee (HRC), Establishing a Historic Resources Committee and a Historic Designation Process to the Regular City Council meeting of August 9, 2005. Council Member Arnold seconded, and the motion carried on the following roll-call,vote: AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Ferrara None Costello 10. CONTINUED BUSINESS 10.a. Consideration of Fleet Maintenance Study. Director of Public Works Spagnolo presented the staff report which included recommendations and findings from the 2004 Fleet Maintenance Study which was completed to evaluate the City's vehicle maintenance operations. He gave a brief overview of the Alternatives identified in the Study and recommended the Council provide staff with comments or direction. 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 Member Guthrie commented that based on his review of the Study, there was potential for significant cost savings and an improved level of service for the City's fleet. He observed that if the City outsourced fleet maintenance to the City of San Luis Obispo, there would be access to a more sophisticated system at no cost to the City. He referred to the goal of developing a regional program which would provide instant access to equipment and services the City is looking for, such as experienced mechanics, preventative maintenance programs, and a more sophisticated system, and that it would provide an opportunity for the City to be a leader in the South County in establishing such a program. He acknowledged the concern with shuttling cars; however, noted that those concerns were not insurmountable. He suggested that the level of service be reviewed on a broader scale when fleet maintenance is reviewed again in the future. Council Member Dickens agreed that cost savings through consolidation should be reviewed . sometime in the future; however, the City was not there yet. He supported broadening the definition of level of service. He did not support any change in the fleet maintenance program at this time and noted that the recent change of staffing would result in cost savings in the next fiscal year. ( Council Member Arnold suggested that a pilot program for outsourcing to the City of San Luis Obispo be instituted using one specific fleet of vehicles, such as the Parks and Recreation Department vehicles. City Manager Adams responded that the City of San Luis Obispo could be used as an additional vendor for certain vehicles. Council Member Arnold stated that since the CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 12, 2005 PAGE 5 City's goal is to move forward in that direction, he could support using the City of San Luis Obispo as a vendor to test the program on a smaller scale. Mayor Ferrara noted that the City's Public Works Department services all City vehicles except Fire. He supported Council Member Arnold's suggestion for outsourcing on a trial basis in an effort to move toward a regional fleet maintenance' program. He supported leaving the door open to new ideas for fleet maintenance; however, he supported moving forward with the maintenance program currently in place. There was no formal action on this item. 11. NEW BUSINESS 11.a. Consideration of Approval of a Water Wheeling Agreement with the Oceano Community Services District (OCSD) for the Christie Family Subdivision. Director of Public Works Spagnolo presented the staff report and recommended the Council: 1) Approve the Water Wheeling Agreement with the OCSD for the Christie Family Subdivision; and 2) Approve the proposed modifications to the City's Policy regarding water wheeling agreements for future requests to enter into water wheeling agreements. Director Spagnolo responded to questions from Council regarding County zoning on the subject property (RS); future development of the subject property; whether the City was presented with a grading plan (no); staff response to a letter from the County which expressed concerns about available water sources; and clarification regarding fire flow requirements. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Following Council discussion and comments, Council Member Arnold stated he could approve this request as presented with the stipulation that the revised policy is approved so that the City is no longer providing water outside the City's Sphere of Influence. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 12, 2005 PAGE 6 Council Member Dickens noted that there were two issues: 1) fire protection and 2) the City's land use policies. He acknowledged that the City has in place a Mutual Aid Response Agreement for fire services and that it was likely that the City Fire Department would serve the City's fringe areas as a first responder. He felt that the problem could be easier solved because if the applicant was willing to pay for infrastructure to bring in municipal water, then that same infrastructure could be connected to a fire hydrant or water tank. He stated the other issue is that the City's land use policies do not allow this [he cited General Plan LU (Fringe) 1-1]. He stated that the applicant should be required to provide a fire hydrant. He stated he could not support the proposed Water Wheeling Agreement; however, he could support adding the two proposed criteria to the existing policy so that it is more consistent with land use policies concerning the City's fringe areas. Council Member Guthrie asked if there was a cap on the amount of water that Oceano would provide to the property. Staff responded that water supply would be monitored. Council Member Guthrie acknowledged the need to provide fire protection to the City's fringe area to help protect the nearby City residents who would be affected by fire in the area and suggested that a fire hydrant be installed. He also requested clarification regarding the proposed modifications to the policy amendment which states that the property to be served has existing structures. Mayor Ferrara agreed that water being transferred must be monitored closely. With regard to fire protection, he commented that in an emergency situation, the City would connect to the closest water supply. He suggested the use of quick access flow meters on fire hydrants. He stated he could support this request as well as the proposal to modify the City's policy regarding future water wheeling agreements. Council Member Dickens moved to deny the Water Wheeling Agreement as proposed, but direct staff to work with the Christies and other property owners in the area to formulate adequate fire protection. Council Member Guthrie seconded the motion. Council Member Dickens amended the motion to include approval of the proposed modifications to the City's policy regarding water wheeling agreements as follows: 1) The property to be serviced has existing structures; and 2) The request for service is not for the purpose of enabling new development. Council Member Guthrie seconded, and the motion failed on the following roll-call vote: AYES: NOES: ABSENT: Dickens, Guthrie Arnold, Ferrara Costello Council Member Arnold moved to approve the Water Wheeling Agreement as proposed and to approve the proposed modifications to the City's policy regarding water wheeling agreements as follows: 1) The property to be serviced has existing structures; and 2) The request for service is not for the purpose of enabling new development. Mayor Ferrara seconded the motion. City Attorney Carmel indicated that there were some mistakes in the Agreement and requested that the motion be modified to indicate that the Agreement would be subject to modifications and approval by the City Attorney. Council Memb~( Arnold agreed to the amended motion, Mayor Ferrara seconded, and the motion failed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Ferrara Dickens, Guthrie Costello CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 12, 2005 PAGE 7 Council Member Arnold moved to continue this item to the next regular City Council meeting of August 9, 2005: Mayor Ferrara seconded, and the motion failed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Ferrara Dickens, Guthrie Costello Council Member Guthrie moved to continue this item to the next regular City Council meeting of August 9, 2005 with the provision that staff investigate the potential for providing fire service only. Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Arnold, Ferrara Dickens Costello 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Guthrie inquired as to the status of the proposed revised tree ordinance. City Manager Adams responded that the proposed ordinance would be presented to the Parks and Recreation Commission within the next month. Council Member Dickens commended staff for the redraft of the conservation easement letter that will be sent out by the Land Conservancy of San Luis Obispo. Council Member Dickens requested, and the Council concurred, that an item be placed on a future agenda for staff to present issues identified regarding creek setback requirements and policies. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande, commented on Item 9.a. (Historical Resources Committee) and stated it was important to have technical expertise available as a resource to the Committee to assist in determining whether structures are historical. He supported the City's decision to establish a Historical Resources Committee. 17. ADJOURNMENT There being no further business to come before the City Council, Mayor Ferrara adjourned the meeting at 9:35 p.m. - CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 12, 2005 PAGE 8 Tony Ferrara, Ma ATTEST: KellyW (Approved at CC Mtg ? - q - 05 )