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Minutes 2006-02-28 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, FEBRUARY 28, 2006 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 Members Jim Dickens, Ed Arnold. Mayor Pro TemNice Chair Jim Guthrie, and Mayor/Chair TOny Ferrara were present. Council/Board Member Joe Costello was absent. City Staff Present: City Manager Steve Adams. City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Building and Fire Terry Fibich, Chief of Police Tony Aeilts, Director of Public Works/City Engineer Don Spagnolo, Police Commander Craig Hendricks, Assistant Planner Jim Bergman, and Assistant Planner Ryan Foster. 3. FLAG SALUTE Alvin Evenson, representing American Legion Post No. 136, led the Flag Salute. 4. INVOCATION Dr. Mayer-Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendation Presented to Jim Bergman. Mayor Ferrara presented a Mayor's Commendation to Assistant Planner Jim Bergman in recognition of his membership in the City's Platinum Service Club for service above and beyond the call of duty. Jim Bergman accepted the Commendation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only Council Member Dickens moved, Council Member Arnold 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 Otis Paqe, Arroyo Grande, referred to previous Council deliberations on the Brisco/101 Interchange project; acknowledged the funding challenges related to the project; and encouraged the Council to place a measure increasing the City's sales tax rate on the November ballot. He also suggested the Council consider making a final determination on whether the project should include a Halcyon overpass or widening the lanes in the underpass. Mr. Page referred to the City's Agricultural policy and questioned the City Council's intent on whether the policy applied to prime soils or prime soils and those in open space. He suggested that the City CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 28, 2006 PAGE 2 review the meeting tapes from October 9, 2001, December 10, 2002, January 14.2003, and March 23, 2004 and then firmly establish what the agricultural conservation policy is. Ray Montana, representing Five Cities Dog Park Association, spoke about the Association's efforts to establish a dog park in the area. Dennis Murphy, representing South County Youth Coalition, thanked the Council for its generous . donation and briefly explained the activities and scholarships that the Youth Coalition provides to youth in the area. 8. CONSENT AGENDA Council Member Arnold moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.e., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Dickens, Ferrara None Costello 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period February 1, 2006 through February 15, 2006. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of January 31, 2006. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council meetings of January 24, 2006 as submitted. 8.d. Consideration of Acceptance of Audited Annual Financial Report. Action: Received and filed the respective Audited Annual Financial Report for the Fiscal Year ended June 30, 2005. 8.e. Consideration of Award of Consultant Services Agreement to Produce Pre-Disaster Mitigation Plan and Appropriation for Local Matching Funds. Action: 1) Authorized the Mayor to execute a Consultant Services Agreement to produce a multi-agency Pre-Disaster Mitigation Plan to Category Five Professional Consultants, Inc. of San Luis Obispo, for the amount of $65,000; and 2) Approved an appropriation of $11,625 from the General Fund Unappropriated Fund Balance. 9. PUBLIC HEARINGS 9.a. Consideration of Approval of the 2005 Urban Water Management Plan. Director of Public Works Spagnolo presented a brief status report regarding the preparation of the 2005 Urban Water Management Plan and requested the City Council continue the public hearing to the Regular City Council Meeting of March 14, 2006. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 28, 2006 PAGE 3 Council Member Arnold moved to continue the public hearing to the next. Regular Meeting of March 14, 2006, Council Member Dickens seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Dickens, Guthrie, Ferrara None Costello 9,b. Consideration of Adoption of a Resolution Approving Community Development Block Grant (CDBG) Projects for Year 2006. Assistant Planner Bergman presented the staff report and recommended the Council adopt a Resolution approving Community Development Block Grant (CDBG) projects for Year 2006. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council comments and questions ensued regarding HUD guidelines for determining distribution of funds among local jurisdictions; clarification that the formula for determining the number of overcrowded houses is based on 2000 census data; concern about the lack of equity of proposed funding among the organizations; a suggestion to revise the method of how funds are allocated next year; as well as a suggestion that funds be allocated next year by category of service. Council Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS FOR YEAR 2006". Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Ferrara Dickens Costello g.c. Consideration of Ordinance Establishing Regulations for Peddling and Soliciting Activities. City Attorney Carmel presented the staff report and recommended the Council introduce an Ordinance adding Chapter 5.76 to the Arroyo Grande Municipal Code establishing regulations for peddling and soliciting activities. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Council comments and questions ensued regarding the solicitation permit application fee as it relates to covering all of the costs to the City associated with processing the permit; clarification concerning the posting of "No Soliciting" signs and how it impacts non-profit and/or charitable/religious organizations; and clarification concerning the applicability of the permit exemption clause for charitable/religious activities. There was further discussion regarding hours of operation for peddlers and solicitors and Mayor Ferrara suggested amending Section 5.76.080 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 28, 2006 PAGE 4 as follows: "It is unlawful for any person described in this chapter, whether permitted or unpermitted, to enter upon any residential premises between the hours of eiW'H seven p.m. and nine a.m.". Following discussion, there was consensus of the Council to amend Section 5.76.080 as proposed. Mayor Pro Tem Guthrie moved to introduce an Ordinance by title only, as amended, as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 5.76 TO THE ARROYO GRANDE MUNICIPAL CODE ESTABLISHING REGULATIONS FOR PEDDLING AND SOLICITING ACTIVITIES". Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Ferrara None Costello 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Fiscal Year 2005-06 Mid-Year Budqet Report [COUNCILlRDA] Director of Financial Services Kraetsch presented the staff report and recommended the Council/RDA: 1) Approve detailed budget adjustments in the Mid-Year budget report; 2) Approve Schedule A; and 3) Approve (Deny) requests for additional appropriations in the General Fund. Staff responded to questions from Council regarding the City's liability insurance program; and clarifications regarding how appropriate adjustments are made to the Bi-Annual Budget at the end of the first fiscal year. 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 Members Dickens and Arnold supported staff's recommendations as proposed. Mayor Pro TemNice Chair Guthrie expressed concern and hesitation about approving some of the additional appropriations; specifically the additional $17.000 for scanning old City documents (Public Works records) and stated that he preferred to wait and review the budget status for the whole year to see if the City is on target before allocating any additional funds. Mayor Ferrara noted that due to issues of emergency management and continuity of government. there is an immediate need to ensure preservation and archiving of all vital City records. He noted that the City should start budgeting now for doing this for all City departments. specifically for those rights and interest records. City Manager Adams also noted that this task is a follow up to the development review process which identified a number of automation improvements to streamline that process. Council/Board Member Dickens moved to: 1) Approve detailed budget adjustments in the Mid- Year budget report; 2) Approve Schedule A; and 3) Approve the requests for additional appropriations in the General Fund. Council Member Arnold seconded, and the motion passed on the following roll-call vote: CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 28, 2006 PAGE 5 AYES: NOES: ABSENT: Dickens, Arnold, Guthrie, Ferrara None Costello 11.b. Consideration of Site Plan and Additional Appropriation for Police Department Expansion Project. Police Commander Hendricks noted that he was the project manager for the Police Department modular office expansion and explained that the Community Development Department staff assisted the Police Department in the process to obtain the required use permits. Assistant Planner Foster presented the staff report and recommended the Council: 1) Appropriate an additional $4,200 for the Police Station modular unit due to design recommendations of the Architectural Review Committee (ARC); 2) Delay installation of exterior enhancements to the modular units until November 2006; and 3) Approve the proposed removal of all eucalyptus trees along the northern property line to enable location of the modular unit at the proposed location. Staff responded to questions from Council concerning the proposed placement of the modular building on the site; parking and building code requirements; how the Police Department intended to use the modular building; and the approximate age of the trees. Mr. Wes Conner, certified arborist and landscape architect, explained that the trees are very old, approximately 50-75 years; some have been cut and have regrown; and some are multi-trunk "shrubby" trees. He explained that one tree is leaning and creating a hazard and that he did not think the trees have been properly maintained. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Gary ScherQuist, co-chair of the Tree Guild of Arroyo Grande, stated he had researched the issues regarding the. trees. He noted that the tree species are included in the City's approved tree lists. He agreed that the trees need to be pruned and cut back, and he encouraged the Council to save the trees. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council discussion and comments ensued which included opposition to removing the trees as proposed; reference to the City's Tree City USA status; reference to the City's revised Community Tree Ordinance and the importance of providing a consistent standard within the City; support for trimming and pruning the trees; a suggestion to consider reconfiguring placement of the building; acknowledgement that the modular office building is meant to be a temporary structure; agreement to defer the installation of exterior enhancements to the modular unit until November 2006; and acknowledgement of the proposed redevelopment of the adjacent property by the VCA South County Animal Hospital and a suggestion that the issue of the trees be revisited when that project comes forth for review. Council Member Arnold moved to approve a flexible site plan for the Police Station allowing for some potential movement of the modular building if a better parking arrangement can be proposed, appropriate an additional $3,600 to trim and maintain the trees, and delete .the CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 28, 2006 PAGE 6 addition of the arbor structure with the understanding that it may be revisited in November 2006. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Dickens, Ferrara None Costello 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) . San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). 1) Reported that $56 million had been appropriated for 65 projects and encouraged Council Members to read the SLOCOG newsletter, The Coordinator, to obtain detailed information regarding Board discussions and actions; and, 2) Elected new officers. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Plant continues to operate in good condition. (3) Other. Attending Zone 1/1A meetings; referred to Arroyo Grande Creek Erosion, Sedimentation and Flooding Alternatives Study and distributed a copy of the Study to staff for staff and public review. b. MAYOR PRO TEM JIM GUTHRIE: (1) Economic Vitality Corporation (EVC). Continuing to work on economic impact reports based on various industries. Report should be coming to the City soon. (2) Other. None. c. COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT). No report. (2) South County Youth Coalition. No report. (3) Other. None. d. COUNCIL MEMBER JOE COSTELLO: (ABSENT) (1) Zone 3 Water Advisory Board. No report. (2) Air Pollution Control District (APCD). No repo~. (3) Fire Oversight Committee. No report. (4) Other. None. e. COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. Meets next week. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) County Water Resources Advisory Committee (WRAC). The Committee has been studying the additional capacity of the State pipeline and what, if any, is available for the South County; and also the possibility of banking some extra water above the Cuesta Grade. (4) Other. None. 13. CITY COUNCIL MEMBER ITEMS: None. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 28, 2006 PAGE 7 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara reported on the activities of the City Selection Committee and its nominations and appointments to LAFCO and the California Coastal Commission. He noted that the Committee is required to select one or more members from the City Councils and Board of Supervisors to serve on these Commissions. He reported that Supervisor Achadjian was nominated and appointed to the Coastal Commission; however, the City Selection Committee will be meeting again on March 13, 2006 to recommend the nomination and appointment of a City Council Member to the Coastal Commission. He stated if anyone on the Council was interested in serving on the Coastal Commission .to submit a resume or bio to Vicki Shelby at the County Clerk's office. Council Member Arnold thanked the City for its efforts involved in showcasing the City of Arroyo Grande during the successful Amgen Tour of California Bike Race. He also referred to the Rotary Bandstand dedication ceremony, noted that the Bandstand is an excellent addition to the City, and thanked City staff for its involvement in this successful project. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 8:59 p.m. T',;"Y~:::' ./ ATTEST: ItL- , City Clerk/Agency Secretary (Approved at CC Mtg 3-/'I-200ip)