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Minutes 2007-02-27MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, FEBRUARY 27, 2007 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/RDA: Council/Board Member Jim Guthrie, Mayor Pro Tem/Vice Chair Ed Arnold and Mayor/Chair Tony Ferrara were present. Council/Board Members Joe Costello and Chuck Fellows were absent. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Interim Parks, Recreation & Facilities Director Doug Perrin, Director of Public Works Don Spagnolo, Director of Community Development Rob Strong, and Assistant Planner Jim Bergman. 3. FLAG SALUTE Chet Cash and Madeline Poulin, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute. 4. INVOCATION Retired Pastor Paul Jones, delivered the invocation. Mayor Ferrara acknowledged Arroyo Grande resident Billie Swigert, who had recently passed away. He spoke of her vast historical knowledge of the City and noted she would be dearly missed. He dedicated the meeting to her and stated he would like to adjourn tonight's meeting in her honor. 5. SPECIAL PRESENTATIONS 5.a. Presentation by Coastal San Luis Obispo Resources Conservation District - Conservationists of the Year 2006 Neil Havlik and Ella Honeycutt, representing Coastal San Luis Obispo Resources Conservation District (RCD), recognized Rutiz Family Farms and the Halcyon Temple of the People for their agricultural conservation efforts during 2006. Mayor Ferrara, on behalf of RCD, presented the recipients with the 2006 Excellence in Agricultural Conservation Award. Mr. Jerry Rutiz accepted the award on behalf of Rutiz Family Farms, and Eleanor Shumway accepted the award on behalf of Halcyon Temple of the People. S.b. Honorary Proclamation Recognizing March as "Grand Jury Awareness Month" Mayor Ferrara presented an Honorary Proclamation declaring March 2007 as "Grand Jury Awareness Month". Robert Mires accepted the Proclamation on behalf of the Grand Jury and spoke briefly about the duties and responsibilities of the Grand Jury. Minutes: City Council/Redevelopment Agency Meeting Tuesday, February 27, 2007 6. AGENDA REVIEW Page 2 6.a. Ordinances Read in Title Only. Council/Board Member Guthrie moved, Mayor Pro Tem/Vice Chair 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 None. 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. There were no public comments received. Mayor Pro Tem Arnold referred to Consent Agenda Item 8.e. regarding declaration of surplus property and asked for clarification on internal policies relating to the sale of surplus property. Council Member Guthrie moved to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. Mayor Pro Tem Arnold seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Arnold, Ferrara NOES: None ABSENT: Costello, Fellows 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period February 1, 2007 through February 15, 2007. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of January 31, 2007. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of Regular City Council Meeting of February 13, 2007, as submitted. 8.d. Consideration to Approve Final Parcel Map AG 06-0172; Reconfiguring Two (2) Parcels at 130 and 132 Short Street. Action: Approved Final Parcel Map AG 06-0172, reconfiguring .20 acres into two (2) parcels. 8.e. Consideration to Declare Surplus Property and Approve a Contract for Auction Services. Action: 1) Adopted Resolution No. 3999 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS AS SURPLUS AND REQUESTING AUTHORIZATION FOR THEIR SALE AT PUBLIC AUCTION ; and 2) Authorized the City Manager to sign the auction contract with Bill Phelps Auction Services. Minutes: City Council/Redevelopment Agency Meeting Tuesday, February 27, 2007 Page 3 8.f. Consideration of Acceptance of the 2006 Annual Pavement Maintenance Project, PW 2006-07. Action: 1) Accepted the project improvements, as constructed by Granite Construction Company, Inc. in accordance with the plans and specifications for the 2006 Annual Pavement Maintenance Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention of $27,939.89 thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. 9. PUBLIC HEARING 9.a. Consideration of Adoption of a Resolution Approving Community Development Block Grant (CDBG) Projects for Program Year 2007. Associate Planner Bergman presented the staff report and recommended the City Council adopt a Resolution approving Community Development Block Grant (CDBG) Projects for Program Year 2007. 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 addressed the Council, thanking them for consideration of each funding request and briefly spoke about their respective organizations: Anna Bovd-Bucv, representing Big Brothers/Big Sisters Carole Wetmore, representing Caring Callers Sheri Neil, representing Lifesteps Foundation Rae Fleming, representing EOC Health Services No further public comments were received and Mayor Ferrara closed the public hearing. Action: Council Member Guthrie 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 200T'. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Arnold, Ferrara NOES: None ABSENT: Costello and Fellows 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEM 11.a. Consideration of Proposed Ordinance Amending Portions of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Relating to the Community Tree Program. Minutes: City Council/Redevelopment Agency Meeting Page 4 Tuesday, February 27, 2007 Interim Parks, Recreation and Facilities Director Perrin presented the staff report and recommended the Council introduce an Ordinance amending portions of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code, which include revisions to the Community Tree Program relating to the replacement of any regulated tree that dies. Mayor Pro Tem Arnold inquired whether the City could require an in-lieu fee or have a tree replaced somewhere else in the City, if the City determined that there was a reason why a tree should not have to be replaced. City Attorney Carmel explained that the proposed ordinance does not currently include such a provision; however, staff could research the issue. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Steve Ross, Garden Street, expressed concern about the concept of requiring a replacement tree or an in-lieu fee for a dead regulated tree if it was determined it should not be replaced on the property, in order to plant a tree on other public or private property. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Council and staff discussion ensued clarifying issues regarding instances when trees would be required to be replaced. City Manager Adams noted that the proposed language addresses instances where a determination is made that replacing a tree is not feasible or desirable due to special circumstances on the site. There was discussion about whether it was appropriate to require a fee in those situations. Council supported moving forward with the ordinance as proposed and directed staff to research the issues discussed for requiring an in-lieu fee when a dead regulated tree is not replaced on site. Action: Mayor Pro Tem Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE COMUNT/Y TREE PROGRAM". Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Arnold, Guthrie, Ferrara NOES: None ABSENT: Costello and Fellows 11.b. Consideration of Fiscal Year 2006-07 Mid-Year Budget Report. [COUNCIL/RDA]. Director of Financial Services Kraetsch presented the staff report and recommended the City Council/Agency Board: 1) Approve detailed budget adjustments listed in the Mid-Year Budget Report; 2) Approve Schedules A and Bin the Mid-Year Report; and 3) Approve (Deny) requests for additional appropriations in the General Fund. Council/Board Member comments and questions ensued concerning recent State legislation regarding telecommunication franchises and whether there could be an impact to the City's cable franchise fees; clarification that revenues received from the transactions and use tax (sales tax) that Minutes: City Council/Redevelopment Agency Meeting Page 5 Tuesday, February 27, 2007 is effective April 1, 2007 would be received in July 2007, however, the revenue is considered earned in Fiscal Year 2006-07 and would be applied to the Fiscal Year 2006-07 budget; and clarification concerning the funding for the engineering and design costs for the Brisco/Halcyon Interchange project. Mayor/Chair Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing no comments, he closed the public comment period. Council/Board Member comments and discussion ensued including acceptance of the Mid-Year Budget report as presented; however, moving forward, concerns were expressed as it relates to operational expenses versus capital expenses; a request was made that the next report show a specific breakdown on the status of funding for capital projects; concerns were expressed about property tax and sales tax revenue projections; an observation that building permit activity is down; and acknowledgement that the City has to compensate for expected reductions in revenue. Action: Mayor Pro Tem/Vice Chair Arnold moved to approve detailed budget adjustments listed in the Mid-Year Budget Report; approve Schedules A and B in the Mid-Year Report; and approve requests for additional appropriations in the General Fund. Council/Board Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Arnold, Guthrie, Ferrara NOES: None ABSENT: Costello and Fellows 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Attended Board meeting on 2/7/07 and Executive Board met on 2/14/07. Ongoing discussions regarding STIP funding in the next two cycles. Mayor Ferrara requested the City Manager schedule a coordination meeting with Public Works, Caltrans, and SLOCOG to discuss and revisit the Brisco/Halcyon/101 Interchange project alternatives. Mayor Ferrara and Council Member Guthrie volunteered to attend the meeting. The Board also received a presentation on the regional traffic model which included population and employment projections which were unrealistic; the consultant was directed to consult with staff to obtain. more accurate information. SLORTA -Ongoing discussions about the acquisition of the new facility on S. Higuera for bus maintenance and parking. (2) South San Luis Obispo County Sanitation District (SSLOCSD). The Plant is operating well and meeting required standards. (3) Other. None. b. MAYOR PRO TEM ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. (2) Economic Vitality Corporation (EVC). Working with another airline to potentially serve businesses and government agencies with flights to Sacramento. Currently working to gauge interest in the community. (3) Other. None. Minutes: City Council/Redevelopment Agency Meeting Tuesday, February 27, 2007 c. COUNCIL MEMBER JOE COSTELLO: (ABSENT) (1) Zone 3 Water Advisory Board. No report. (2) Air Pollution Control District (APCD). No report. (3) Fire Oversight Committee. No report. (4) Fire Consolidation Oversight Committee. Nc report. (5) Other. None. d. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). No report. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) Other. None. e. COUNCIL MEMBER CHUCK FELLOWS: (ABSENT) (1) South County Youth Coalition. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. Page 6 15. COUNCIL COMMUNICATIONS: Mayor Ferrara reported that he had received a letter from County District 4 Supervisor Katcho Achadjian inviting the City to appoint a representative from the City to serve on a task force with the purpose of developing a strategy and recommendation to the Board of Supervisors in considering options for the future of the Oceano Dunes and County owned property in the Oceano Dunes. Mayor Pro Tem Arnold volunteered to serve on the task force. Staff was requested to also appoint a staff member to the task force. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor Pro Tem/Vice Chair Arnold moved to adjourn the meeting in honor of Billie Swigert. Council/Board Member Guthrie seconded, and the motion passed unanimously by voice vote. The meeting adjourned at 8:10 p.m. Minutes: City Council/Redevelopment Agency Meeting Tuesday, February 27, 2007 Tony Ferrara, ora hair ATTEST: Kelly Wetmo e, Cit Ierk/Agency Secretary (Approved at CC Mtg 3'f 3',Zoo7 ~ Page 7