Minutes 2000-08-22
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUeSDAY; AUGUST 22,2000
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Lady called the Regular City Council meeting to order at 7:00 p.m.
2. ROLLCALL
City Council: Redevelopment Aaencv
X Mayor Lady X Chair Lady
X Mayor Pro Tern Ferrara X Vice Chair Ferrara
X Council Member Runels X Board Member Runels
Absent Council Member Tolley AbsentBoard Member Tolley
X Council Member Dickens X Board Member Dickens
Staff Present:
X-Jnterim City Manager/Chief of Police
~City Attorney
JLj)irector of Administrative Services
_Director of Building and Fire
_Director of Community Development
_Director of Economic Development
~Director of Public Works
~Director of Parks and Recreation
~Director of Financial Services
3. FLAG SALUTE
John Stobbe, representing Knights of Columbus - Arroyo Grande, led the flag
salute.
4. INVOCATION
Bishop Joe Butler, Church of Jesus Christ of Latter.Day Saints - Arroyo Grande,
delivered the invocation.
COUNCIL MEMBER TOLLEY ARRIVED AT 7:05 P,M,
5, SPECIAL PRESENTATIONS
5.a. American Red Cross - Certificate of Appreciation to City
Claryce Knupper, Board Member of the American Red Cross, presented a
Certificate of Appreciation to the City in recognition of its commitment and
generosity to the American Red Cross, She also presented the Council with a
copy of the American Red Cross Annual Report.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
6. AGENDA REVIEW
Interim City Manager TerBorch stated that there was supplemental information
regarding Agenda Item 11.D. --topez Dam Water Supply Contract.
6,a. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY'
Council Member Runels moved, Council Member Dickens 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. PUBLIC HEARING
None.
8, CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Ross Kongable, 255 Rodeo Drive, spoke about previous direction given to staff to
work with the Rodeo Drive residents in an effort to mitigate increasing traffic
problems in the neighborhood, He reported that a plan had been considered and
approved by the Traffic Commission. He stated the issue would be on the
September 12th City Council Agenda and submitted a letter regarding traffic
calming on Rodeo Drive for the record. He expressed appreciation to the Public
Works staff.
9. CONSENT AGENDA
Mayor Pro Tem Ferrara moved and Council Member Dickens seconded the
motion to approve Consent Agenda Items 9,a. through 9.1" with the recommended
courses of action.
a. Cash Disbursement Ratification, Approved,
b. Adoption of Ordinance No. 516 C,S. Modifying the California Public
Employees' Retirement System (CALPERS) Contract. Adopted Ordinance.
c. Minutes of Special City Council/Redevelopment Agency Meeting
(Workshop) of May 4, 2000 and City Council Meeting of August 8, 2000.
Approved.
d, Rejection of Claim Against City - D. Esrey. Rejected Claim.
e. Fair Oaks AvenuelTally Ho Overlay Project, Progress Payment #1,
Approved.
f, Reject All Bids and Authorize the Re-Advertisement of the Creekside
Pedestrian Path, Phase 2, Project No. PW-2000-3, Approved.
g. Public Works Fees and Service Charges. Adopted Resolution No. 3473.
h, Approval of Compensation Adjustments and ClassificationlTitle Changes
for Management Employees. Adopted Resolution No. 3474.
i, San Luis Obispo County Visitors and Conference Bureau Agreement.
Approved.
_ Voice Vote
LRolI Call Vote
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
City Council Redevelopment Aaencv
Aye Lady Ave Lady
Ave Ferrara ".'Ave Ferrara
Aye Runels Aye Runels
Ave Tolley Ave Tolley
, Aye Dickens Ave Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed,
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. ORDINANCE RELATING TO THE REGULATION OF THE SALE AND
DISTRIBUTION OF TOBACCO PRODUCTS -
Interim City Manager TerBorch highlighted the staff report, He explained that
following a presentation by the County of San Luis Obispo Public Health
Department at the last meeting, the Council directed staff to return with a draft
ordinance regarding the sale of tobacco products to minors.
Council Member Tolley asked if staff had received any calls from business
owners regarding the proposed ordinance.
Interim City Manager TerBorch responded no,
Council Member Runels asked if the sale of tobacco products to minors has been
a problem in the City.
Interim City Manager TerBorch responded that the Police Department has used
undercover operations and has found that there is not a significant problem with
illegal tobacco sales to minors,
Mayor Pro Tern Ferrara asked if the proposed ordinance was modeled after those
adopted in other local cities,
Interim City Manager TerBorch replied it was.
Mayor Lady opened the discussion for public comment, and upon hearing none,
brought the issue back to the Council for discussion.
Council Members concurred that adopting this ordinance was taking a step in the
right direction and it lets the community know that efforts are being to educate
people about this issue,
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
Mayor Pro Tern Ferrara moved to introduce an Ordinance by title only adding
Chapter 16 of Title 5 of the Arroyo Grande Municipal Code entitled "Regulation of
the Sale and Distribution of'Tobacco Products". Council Member Dickens
seconded the motion.
- Voice Vote
LRolI Call Vote
Aye Lady
Ave Ferrara
Aye Runels
Ave Tolley
Aye Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed,
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11.b. JUVENILE NIGHTTIME CURFEW ORDINANCE
Interim City Manager TerBorch highlighted the staff report. He explained that a
recent legal review of the City's existing curfew ordinance found that it may be
unconstitutional based on a decision made by the Federal Ninth Circuit Court of
Appeal in the Nunez vs. Citv of San Dieao case regarding curfews. He stated that
the proposed ordinance complies with the requirements established in the Nunez
decision which exempt legitimate First Amendment activities from the curfew
regulation,
Council questions and comments included how many times the curfew ordinance
has had to be enforced; whether the ordinance exempts minors who are traveling
to and from work; and clarification that the ordinance could not be used as
probable cause for a traffic stop.
Interim City Manager TerBorch replied that the ordinance has been used as a tool
to gain curfew compliance; the proposed ordinance exempts those minors who
are going to and from work; and clarified that the proposed ordinance was being .
revised to bring it up to date to meet current laws.
Mayor Lady opened the discussion for public comment, and upon hearing none,
brought the discussion back to the Council.
Council Member Tolley moved to introduce an Ordinance by title only amending
Chapter 13, Title 5 of the Arroyo Grande Municipal Code regarding Juvenile
Nighttime Curfew. Council Member Runels seconded the motion.
- Voice Vote
LRolI Call Vote
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
Aye "Lady
Ave Ferrara
Aye Runels or
Aye Tolley
Aye Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
11.c. SELECTION OF 2000 STATE TRANSPORTATION IMPROVEMENT PROGRAM
(STIP) FUNDING PROJECTS
Director of Public Works Spagnolo highlighted the staff report. Staff
recommended the Council: 1) Provide direction to staff on selection and
prioritization of proposed 2000 State Transportation Improvement Program (STIP)
projects; 2) Adopt Resolution indicating the Council's interest in securing 2000
(STIP) funding for the proposed projects; and, 3) Authorize staff to prepare
SLOCOG funding applications for the candidate projects selected by the Council;
and 4) direct staff to forward the funding applications and resolution to SLOCOG
for funding consideration,
Council Member Tolley asked if the STIP funds were available for pavement
rehabilitation projects or for new projects.
Director Spagnolo explained the guidelines for STIP funds and displayed an
overhead showing STIP funding categories. He explained the difference between
funding for Local Streets and Roads projects and funding for Transportation
Enhancement projects.
Council Member Runels suggested that there was a portion of Branch Mill Road
that should be added to the list of projects,
Director Spagnolo responded that staff had reviewed Branch Mill Road and the
potential cost of the project was approximately $225,000 to pave 3,000 lineal feet.
Mayor Pro Tem Ferrara asked for clarification on Phase 3 & 4 of the Creekside
Project.
Director Spagnolo explained that Phase 3 would be the portion near the Kiwanis
Park that includes the stairway, and Phase 4 would include enhancing the
existing walkway with street trees and landscaping,
There was further discussion about the Branch Mill Road project. Director
Spagnolo described the project and stated that only a cost estimate had been
determined which included design, contract administration; and paving.
Director Spagnolo explained the types of roadways that qualify for STIP funding
which are regional projects identified by SLOCOG. He showed the breakdown of
funds by jurisdiction, which is based on a formula.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
Mayor Pro Tern Ferrara commented that the condition of EI Camino Real was not
as bad as other street segments in the City. He referred to the unfinished
segment of Grand Avenue and commented that this road was a gateway to the
City from the west.
Council Member Runels asked what the estimate was to finish the Grand Avenue
project.
Director Spagnolo replied it would be $600,000, and he clarified that the proposed
$234,300 of STIP funds would be applied toward the $600,000 which would be the
amount needed to complete the Grand Avenue project.
Council concurred that the East Grand Avenue - West City Limits to Elm Street
project should be a high priority.
The Council discussed the EI Camino Real - Brisco Road to Halcyon Road
project. Mayor Pro Tern Ferrara asked if this segment was included in the
Brisco/Halcyon/101 Project Study Report (PSR), He commented that depending
on the alternative chosen for the interchange, it might affect any improvements
that are done to EI Camino Real, He suggested that if it was listed as a priority for
STIP funding, that staff return to Council with the project in order to consider any
action related to the Brisco/Halcyon/101 PSR,
Following further discussion, the Council reached consensus on prioritizing the
projects for funding as follows:
Priority #1: East Grand Avenue - West City Limits to Elm Street, $234,300;
Priority #2: The Pike - West City Limits to Halcyon Road, $29,000;
Priority #3: EI Camino Real - Brisco Road to Halcyon Road, $103,200.
Council Member Tolley moved to 1) Adopt a resolution indicating the Council's
interest in securing 2000 STIP funding for the proposed projects; 2) Authorize
staff to prepare SLOCOG funding applications for the candidate projects selected
and prioritized by the Council; and 3) Direct staff to forward the funding
applications and Resolution to SLOCOG for funding consideration. Council
Member Dickens seconded the motion.
- Voice Vote
LRolI Call Vote
Aye Lady
Ave Ferrara
Ave Runels
Ave Tolley
Ave Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
11.d. LOPEZ DAM WATER SUPPLY CONTRACT
Director of Public Works Spagnolo highlighted the staff report. He explained that
a significant portion of the Lopez Dam seismic retrofit project would be funded by
general obligation bonds; however, a portion of the project must be funded by the
City. Staff recommended the Council adopt a resolution approving the Contract
between San Luis Obispo County Flood Control and Water Conservation District
and the City of Arroyo Grande for a Water Supply.
Council Member Dickens referred to page 11 of the Contract, Article 2, Term of
Contract, and asked for clarification that if any other Agency elects to terminate
its Water Supply Contract, the Entitlement and corresponding obligations of such
other Agency shall be apportioned on a pro rata basis among the remaining other
Agencies.
City Attorney Carmel responded that was correct.
Mayor Lady opened the discussion for public comment, and upon hearing none,
brought the issue back to the Council for discussion,
Council Member Runels stated his initial concerns relating to the way surplus
water is identified and sold were adequately addressed. He referred to the
Supplemental Report regarding mitigation improvements to Huasna Road as a
result of construction of the Lopez Dam retrofit project. He introduced Lou
Carella, Superintendent of the Project Management Team for the Lopez Dam
seismic retrofit project.
Mr. Carella stated a letter had been prepared in response to concerns recognized
by Zone 3 regarding the impact of truck traffic as a result of construction related
to the project. He explained that in a joint effort with the City, there would be a
memorandum of understanding between the County and the City to provide
mitigation improvements to a 0.8 mile stretch of Huasna Road, just east of
Highway 227 through the City. He stated the Supplemental Report proposes the
approach to be taken; preliminary costs; and timing of the repair. He said it was
determined that it would be more cost effective to repair Huasna Road before
construction takes place.
Council discussion followed on the impacts to the merchants and historic
buildings from the truck traffic through the Village; whether there were other
truck route alternatives; issues other than road conditions, such as safety and air
quality impacts; and whether the City had any input on what the truck routes
would be.
Mr. Carella responded that the Environmental Impact Report had already been
approved by the County Board of Supervisors, He explained that there were a
number of mitigation measures addressing traffic and a traffic safety plan was to
be presented.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
Mr. Noel King, Deputy County Engineer, spoke about the proposed truck route.
He explained that once trucks.were unloaded, the empty trucks would be directed
to return via Orcutt Road,
Council Member Dickens stated he had received a lot of feedback from the public
regarding the negative impact of truck traffic, especially from the Village business
community. He recommended the Council take a strong stand on mitigating
these impacts.
Mr. Carella indicated that scheduling restrictions have been put on construction
truck traffic. He said trucks would not be coming through the Village on
weekends or during the holidays from December 10th through January 15th.
Mayor Lady directed that the discussion return to the Water Supply Contract
Agenda item for consideration.
Council Member Runels moved to adopt a Resolution approving the Contract
between San Luis Obispo County Flood Control and Water Conservation District
and the City of Arroyo Grande for a Water Supply. Council Member Tolley
seconded the motion,
Mayor Pro Tern Ferrara asked if a traffic plan was to be included.
Interim City Manager TerBorch stated that it would be brought back with the
proposed Memorandum of Understanding for Council's consideration at a future
meeting.
Voice Vote
LRolI Call Vote
Aye Lady
Ave Ferrara
Aye Runels
Ave Tolley
Aye Dickens
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed,
12, CITY COUNCIL REPORTS:
a. MAYOR MICHAEL LADY
(1) South San Luis Obispo County Sanitation District (SSLOCSD). 1)
Approved Cellular One Site Lease Agreement, which will generate
$15,000 in revenue annually for the District; and 2) Conducting in-
house asphalt sealing project which will save the District money.
(2) Other. None,
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. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
b, MAYOR PRO TEM TONY M. FERRARA
(1) Integrated Waste Management Authority Board (IWMA). No report.
(2) Economic Vitality Gorporation (EVC). Met with Dave Spaur, President.
Focused on EVC Strategic Plan; Board Meeting scheduled for August
23rd; discussed importance of the Economic Development Strategy
and the Economic Development Strategic Plan,
(3) Air Pollution Control District (APCD), Did not attend last meeting;
however, Bob Carr was in audience and he gave a brief report that the
Budget was adopted and revision to fees were made and approved.
(4) Other. None.
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c. COUNCIL MEMBER THOMAS A. RUNELS
(1) Zone 3 Water Advisory Board. Hook-up for Village Center has been
delayed,
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
d. COUNCIL MEMBER STEVE TOLLEY
(1 ) Long-Range Planning Committee. No report,
(2) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A), SLORT A Subcommittee met
and discussed recruitment for a new Director, Decision was made to
hire an Executive Search Firm and increase the position's salary,
(3) Other. None,
e. COUNCIL MEMBER JIM DICKENS
(1) South County Area Transit (SCAT), No report,
(2) Economic Development Committee/Chamber of Commerce. No report.
(3) Community Recreation Center Subcommittee. Meeting August 23rd to
review the amenity list, prioritize it and present to the Cal Poly
Architectural Department to develop conceptual models to be used as
a tool to obtain more input.
(4) Economic Opportunity Commission (EOC). Exploring grant
applications; spoke about infant/toddler days; potential of extending
days of Migrant Head Start Program.
(5) South County Youth Coalition. No report,
(6) Other.
13. COUNCIL COMMUNICATIONS
Mayor Pro Tem Ferrara referred to Disaster Recovery Bulletin produced by the
State of California Governor's Office of Emergency Services and spoke about the
Hazard Mitigation Grant Program. He reported that grants are available for Urban
Stream Improvement. He provided the Bulletin to staff for further investigation.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 22, 2000
Mayor Pro Tern Ferrara distributed the League of California Cities Annual
Conference Program Update; gave to staff a League publication entitled Securing
Voter Approval of Local Revenue Measures; gave a copy of Robert's Rul~s of
Order to staff for reference at future meetings; and passed out to Council and the
Interim City Manager a copy of a City Manager Performance Rating Sheet he
received at a recent seminar.
Council Member Tolley indicated he could not attend the League of California
Cities Annual Conference due to his work schedule, He requested that Council
Member Dickens serve as the appointed Alternate,
14. STAFF COMMUNICATIONS
Interim City Manager TerBorch stated the City Engineer intends to accept Parcel
Map AG 99-0246, owned by Richard DeBlauw, The subject parcel is located at
1047 Maple Street. This is a division of one parcel of 43,659 square feet in size
into four separate lots of 15,657; 11,149; 8,427; and 8,426 square feet- in size,
There is one existing single family residential unit which will be located on parcel
2. Unless appealed, the Final Map will be approved or disapproved by the City
Engineer within ten days following the date of this meeting,
Interim City Manager TerBorch reported:
. The Fair Political Practices Commission (FPPC) would be conducting a
CandidatelTreasurer Workshop for the upcoming Election tonight at 6:00 p,m.
in the Council Chambers,
. Gave an update on SB402, the binding interest arbitration bill,
. Reported that the COPS funding has been secured.
. Distributed a memo regarding an update on proposals received for the
General Plan Update Circulation Element and Traffic Model. Will be bringing
to Council at a future meeting for approval,
. Distributed a memo regarding alternative approaches to resolving the Grand
Avenue Corridor issue. A date for a Joint City Council/Planning Commission
Workshop is still to be determined.
15. ADJOURNMENT
Council Member Dickens moved, Council Member Tolley seconded, and the
motion passed unanimously to adjourn the meeting,
Tlm~
MICHAELA. . mj( bR~
ATTEST:
~ILL
MORE, ADMINISTRATIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
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