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Minutes 2011-01-11 MINUTES REGULAR MEETING OF THE CITY COUNCILJREDEVELOPMENT AGENCY TUESDAY, JANUARY 11, 2011 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 Joe Costello, Council /Board Member Jim Guthrie, Council /Board Member Tim Brown, Mayor Pro TemNice Chair Caren Ray, and Mayor /Chair Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, and Community Development Director Teresa McClish. 3. FLAG SALUTE Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute. 4. INVOCATION Dr. Mayer Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Presentation by South San Luis Obispo County Sanitation District Regarding Flood Event of December 19, 2010. Tom Zender, representing South San Luis Obispo County Sanitation District, gave an informational presentation regarding the flood of December 19, 2010, which resulted in a sewer overflow. Mr. Zender responded to questions from Council. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Brown moved, Council Member Costello 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 Zora High spoke in opposition to the proposed project at Courtland and East Grand. Phyllis Kosmala, resident of Parkview Manor, spoke in opposition to the proposed project at Courtland and East Grand. Thomas Coyne spoke about selective incorporation In which the Bill of Rights does not apply to State and local govemments and asked the Council to pass an Ordinance that states the Bill of Rights is the law of the land. Minutes: City Council/Redevelopment Agency Meeting Page 2 Tuesday, January 11, 2011 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 Brown requested Item 8.a. be pulled. Action: Council Member Costello moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.b. through 8.k., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.g. The motion passed on the following roll -call vote: AYES: Costello, Guthrie, Brown, Ray, Ferrara NOES: None ABSENT: None 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of November 30, 2010. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of December 2, 2010; the Special City Council Meeting of December 14, 2010, and the Regular City Council /Redevelopment Agency Meeting of December 14, 2010, as submitted. 8.d. Consideration of Council Appointments to City Commissions, Boards and Committees. Action: Approved the appointments to City Commissions, Boards and Committees. 8.e. Authorization to Reject Claim Filed Against the City — Claimant: D. Stover. Action: Rejected the claim and authorize the City Clerk to send a standard rejection letter to the claimant as recommended by the City's Claims Administrator, Carl Warren & Company. 8.f. Consideration of Resolution Declaring A Continued Local Emergency. Action: Adopted Resolution No. 4332 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DECLARING A CONTINUED LOCAL EMERGENCY ". 8.g. Consideration of Ordinance Authorizing the City Manager to Appoint the City Clerk and City Treasurer. Action: Adopted Ordinance No. 629 as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 2.08.070 OF THE ARROYO GRANDE MUNICIPAL CODE AUTHORIZING THE CITY MANAGER TO APPOINT THE CITY CLERK AND CITY TREASURER ". .8.h. Consideration of Amendments to Cellular Tower Lease Agreements with New Cingular Wireless. Action: 1) Approved the first amendment to the land lease agreement with New Cingular Wireless PCS, LLC for operation of a telecommunications site at 1275 Ash Street; and 2) Approved the first amendment to the land lease agreement with New Cingular Wireless PCS, LLC for operation of a telecommunications site at 300 Reservoir Road. 8.i. Consideration to Adopt a Resolution Accepting Improvements for Parcel Map AG 08 -0078 Located at 127 Nelson Street and 138 Short Street Constructed by the Pruett Family Trust. Minutes: City Council /Redevelopment Agency Meeting Page 3 Tuesday, January 11, 2011 Action: Adopted Resolution No. 4333 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING IMPROVEMENTS FOR PARCEL MAP AG 08 -0078, LOCATED AT 127 NELSON STREET AND 138 SHORT STREET CONSTRUCTED BY PRUETT FAMILY TRUST ". 8.j. Consideration of Approval of Granting Utility Easements to The Southern California Gas Company and Pacific Gas and Electric Company. Action: Adopted Resolution No. 4334 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE GRANTING UTILITY EASEMENTS TO THE SOUTHERN CALIFORNIA GAS COMPANY AND PACIFIC GAS AND ELECTRIC COMPANY "; and authorized the Mayor to execute the easements on behalf of the City. 8.k. Consideration of an Award of Contract to Crosno Construction, Inc. for Construction of Reservoir 6 and Oro Booster Station Upgrades, Project PW 2010- 11. Action: 1) Awarded a contract for construction of Reservoir 6 and Oro Booster Station Upgrades to Crosno Construction, Inc., in the amount of $524,988.68; 2) Authorized the City Manager to approve change orders for 10% of the contract amount $52,488.00 for unanticipated costs during the construction phase of the project; 3) Approved a Fourth Amendment to the Consultant Services Agreement with Wallace Group; and 4) Authorized the City Manager to sign the amendment. ITEMS PULLED FROM THE CONSENT AGENDA 8.a. Cash Disbursement Ratification. Recommended Action: Ratify the listing of cash disbursements for the period December 1, 2010 through December 31, 2010. Council Member Brown referred to a check issued to Wallace Group for seven invoices, expressed concerns, and requested a memo from staff explaining the charges in detail and to provide copies of related contracts. City Manager Adams responded that staff would follow up on the request. Action: Council Member Brown moved to approve Item 8.a., Council Member Guthrie seconded, and the motion passed on the following roll -call vote: AYES: Brown, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of Development Code Amendment 10 -003 to Amend Development Code Sections 16.04.070 and 16.32.030 to Allow Rounding Up for Fractional Units When Calculating. Allowable Density in the Multi- Family Zoning District. Community Development Director McClish recommended the Council open the public hearing and then continue the public hearing to the Regular City Council Meeting of February 8, 2011 to allow the Planning Commission time to consider the item at its January 18 meeting and make a recommendation to the Council. Minutes: City Council /Redevelopment Agency Meeting Page 4 Tuesday, January 11, 2011 Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Action: Council Member Brown moved to continue the public hearing to the Regular City Council Meeting of February 8, 2011. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS 10.a. Consideration of Proposal to Purchase Groundwater and State Water from the Oceano Community Services District (OCSD). City Manager Adams presented the staff report and provided information regarding the following alternatives for Council consideration: Alternative A - General Plan Buildout Supply Alternative; Alternative B - Conservation Alternative; and Alternative C - Combined Alternative. Council questions and discussion ensued regarding the terms of Senate Bill (SB) x7 -7 which requires a 20% reduction in water use by 2020; the City's anticipated date for build -out; development type to reach build -out (i.e., in -fill development of vacant parcels and redevelopment of underutilized parcels); discussion regarding lower water consumption in higher intensity land uses; acknowledgement of existing General Plan policies that require annexation projects to supply its own water sources; acknowledgement that the City is due for a General Plan Update and related discussions should include current factors and revisiting buildout numbers; that it would be unfair for ratepayers to pay increased water rates to accommodate future development; acknowledgement that the City has seen a significant reduction in water use over the last two years and that there is still a lot of opportunity for conservation; concerns about current population and unit projections at buildout; justification for upfront costs for groundwater; and costs associated with a special election to seek voter approval for purchase of State water. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Rob Strong commented on the many variables regarding buildout date projections and expressed concern about the City not having enough water based on past consumption history. Steve Loomis, rural Arroyo Grande resident, commented it will only become more expensive to purchase water in the future and supported the City's efforts to purchase water now. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments ensued in support of continuing water conservation efforts; the need to comply with SB x7 -7; support for a modified version of Alternative C to purchase a reduced amount of ground or Lopez water from OCSD (150 acre feet) but not State water; a request for more data regarding number of units at buildout; more data from the 2010 Census as it relates to population projections; concem about the perception of purchasing water for future Minutes: City Council /Redevelopment Agency Meeting Page 5 Tuesday, January 11, 2011 development; acknowledgement that some additional minimal allocation of water is needed to sustain the existing population; concern about excess supplemental water not used and associated reimbursements; support for putting purchase of State water on the ballot to provide purchase opportunities in the future if necessary; acknowledgement that water conservation efforts are just beginning for large water users; noted that reclaimed tertiary treated water will be required in the near future; and that SLOCOG will also be looking at population and job generation projections. Action: Council Member Guthrie moved to direct staff to communicate with Oceano Community Services District to negotiate an Agreement to purchase either Lopez or groundwater in a quantity of 150 acre feet, and to bring that Agreement back to the Council along with the information regarding the 2010 Census, the current number of units projected for General Plan buildout, and possibly a mechanism for how to address excess water. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 9:25 p.m. The Council reconvened at 9:35 p.m. Staff requested that Mayor Ferrara re -open Item 10.a. to discuss a potential future ballot measure related to the purchase of State water. Action: Council Member Guthrie moved to direct staff to bring back information and timelines for a potential ballot measure that would address allowing the City to purchase up to a 150 acre feet of State water sometime in the future. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None 11. NEW BUSINESS 11.a. Consideration of Leases with Options to Purchase and Agreements Affecting Real Property Regarding Properties on Le Point Street for Expansion of the Le Point Street Public Parking Lot. [CC /RDA] City Manager Adams presented the staff report and recommended the Council: 1) Approve a Lease with option to purchase and agreement affecting real property with John and Maureen Gutierrez; 2) Approve a lease with option to purchase and agreement affecting real property with Sunny Jacobson; 3) Authorize the City Manager and City Attorney to make modifications to the Gutierrez Lease and Jacobson Lease as determined to be necessary; and 4) Appropriate $12,500 from the Redevelopment Agency Fund unappropriated fund balance for rent and property tax payments for FY 2010 -11. He then responded to questions from the Council /RDA Board regarding the Governor's proposal to eliminate Redevelopment Agencies and how that action might impact the City. Minutes: City Council /Redevelopment Agency Meeting Page 6 Tuesday, January 11, 2011 Mayor /Chair Ferrara invited comment 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 /RDA Board comments ensued in support of the proposed lease agreements and that the parking lot project will be a great addition to the Village and will coincide with the project on Short Street. Action: Council /Board Member Costello moved to: 1) Approve a Lease with option to purchase and agreement affecting real property with John and Maureen Gutierrez; 2) Approve a lease with option to purchase and agreement affecting real property with Sunny Jacobson; 3) Authorize the City Manager and City Attorney to make modifications to the Gutierrez Lease and Jacobson Lease as determined to be necessary; and 4) Appropriate $12,500 from the Redevelopment Agency Fund unappropriated fund balance for rent and property tax payments for FY 2010 -11. Mayor Pro TemNice Chair Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Brown, Guthrie, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS a) Request for PG&E Presentation on "Smart Meters" (FERRARA) Mayor Ferrara requested, and the Council concurred, to direct staff to schedule on a future Agenda a presentation by PG &E regarding "Smart Meters ". b) Request for Staff Report on Status and Capacity of Retention Basins (COSTELLO) Council Member Costello requested, and the Council concurred, to direct staff to prepare a staff report for a future Agenda on the capacity of and damage to the City's retention basins. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Brown requested that detailed information from the Traffic Commission meeting be included in the January 25, 2011 staff report concerning the proposed projects located at S. Court land and E. Grand Avenue. In response to an inquiry by Mayor Ferrara concerning a letter from a resident on Asilo Street regarding Tract 1834, Director McClish responded that staff has drafted a response. Mayor Ferrara noted that the League of Califomia Cities is working on talking points and a strategy to partner with the California Redevelopment Association on a position in response to the Governor's proposal to eliminate Redevelopment Agencies. Minutes: City Council /Redevelopment Agency Meeting Page 7 Tuesday, January 11, 2011 15. STAFF COMMUNICATIONS City Manager Adams stated reported that staff is working on Census data and will be pursuing designation as an urban area in order to be eligible for transportation funding. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 9:55 p.m. Tony Fed a, ayor /Chair ATTEST: Kelly Wetm re, Clerk/Agency Secretary (Approved atCCMtg a- rr'o2o( )