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Minutes 2000-07-25 --- _._---,,- --~. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUL Y 25, 2000 COUNCIL CHAMBERS, 215 EAST,BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:18 p.m, 2. ROLL CALL City Council: X Mayor Lady X Mayor Pro.Tem Ferrara X Council Member Runels X Council Member Tolley X Council Member Dickens Staff Present: JLjnterim City Manager/Chief of Police -X-City Attorney lLJ)irector of Administrative Services lLJ)irector of Building and Fire lLJ)irector of Community Development _Director of Economic Development x-pirector of Public Works _Director of Parks and Recreation lLJ)irector of Financial Services 3, FLAG SALUTE Karen Estes, President of the Arroyo Grande Valley Kiwanis Club, led the flag salute. 4. INVOCATION Pastor Robert Burnett, New Hope Church, Arroyo Grande, delivered the invocation, 5, SPECIAL PRESENT A TIONS 5,a. Informational Presentation on Clerk Assisted Sales - Tobacco Control Program Mayor Pro Tern Ferrara introduced Susan Hughes, Director of Health Promotion - Tobacco Control Program, and Lloyd Henning, Health Educator Specialist - Tobacco Control Program from the County of San Luis Obispo Health Department. , CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JULY 25, 2000 Ms, Hughes gave an informational presentation on Clerk Assisted Sales of tobacco products. She spoke about tobacco use issues, citing various smoking related health statistics, She spoke about the County programs which focus on creating smoke free environments; educating the community on advertising that has been banned; and reducing youth access to tobacco products, She explained the Clerk Assisted Sales program which has been effective in reducing illegal sales to minors, She requested the Council consider the adoption of an Ordinance to implement a Clerk Assisted Sales policy in the City. She said their goal is to make San Luis Obispo County the first County in the State to have all jurisdictions covered by Clerk'Assisted Sales ordinances and policies. I Wayne Hansen, volunteer chairperson of the San Luis Obispo County Tobacco Control Coalition, which is a citizens group that is organized to be a supporter for public policy, He stated that youth is at risk when it comes to tobacco products and reducing access to tobacco products is one of its goals. He requested the Council support and adopt the Clerk Assisted Sales ordinance, Lloyd Henning provided additional information about youth access to tobacco and distributed promotional materials to the Council. Mayor Pro Tern Ferrara spoke in support of the concept of Clerk Assisted Sales and suggested bring the item back as an Agenda item with a draft Ordinance. Council Members Dickens, Tolley, Runels, and Mayor Lady also supported the program, There was Council consensus to direct staff to bring the item back with a draft ordinance at a future meeting, 6. AGENDA REVIEW Interim City Manager TerBorch stated that a petition to repave a portion of Valley Road had been received and distributed to the Council relating to Item 10.a, Interim City Manager TerBorch reported that a letter was received from Kenneth Dawson, 857 Mesa Drive, supporting the paving of an additional portion of Valley Road, 6,a. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Tolley moved, Council Member Runels 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 7.a, APPEAL OF CONDITION OF APPROVAL NO, 56 FOR TENTATIVE PARCEL MAP 99-003 AND PLANNED UNIT DEVELOPMENT 99-003 REGARDING THE UNDERGROUNDlNG OF UTILITIES: 1171 ASH STREET ? CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUL Y 25, 2000 Director of Community Development McCants highlighted the staff report. He explained that the applicant was appealing Condition No. 56 which requires underg~ounding of overhead public utilities. He stated the Planning Commission modifi~d the original condition to reduce the undergrounding requirement by eliminating the removal of three utility poles and reducing the number of lines to be undergrounded by approximately 50%, He stated that staff had been in contact with the owner of 1177 Ash Street who indicated there is no' problem with undergrounding on her property as long as it does not impact the existing oak tree. Director McCants stated it was recommended the Council amend Condition No, 19 to address this concern. As to the second reason for appeal that the adjacent senior housing complex was not required to underground the service, Director McCants stated that at the time the project was approved, the interpretation of the requirements of the Development Code was more liberal than it is currently. Staff recommended the Council deny the appeal and adopt a Resolution upholding the decision of the Planning Commission, with the modification to Condition No, 19 regarding protection of the oak tree, In response to an inquiry from Council Member Dickens, Director McCants explained that Attachment 6 shows the modifications as recommended by the Planning Commission, eliminating the requirement to remove any power poles and revising the overhead lines to be placed underground. There was discussion and clarification regarding the undergrounding of the overhead wire that crosses over Ash Street to the property. Also clarified was that the service to parcels 1, 2, and 3 located on the property would be placed underground, Mayor Lady opened the Public Hearing, John Belsher, attorney representing the applicant, addressed the applicant's concerns including visual impacts; burden of costs associated with undergrounding of utilities; the nexus for. requiring undergrounding; and potential impacts to the existing oak tree. He displayed an overhead and spoke of the requirement of undergrounding from across Ash Street to the first pole. He said this requirement was at issue, otherwise the Planning Commission recommendation was acceptable to applicant. Mr, Belsher asked the Council to consider other mitigation, uphold the Planning Commission modifications, and delete the undergrounding requirement from pole #6 to pole #2. Marjorie Boswell, 1177 Ash Street, said if the existing oak tree was removed, the only other trees remaining at the back of the property would be a lemon, apricot, and lilac tree. She stated she did not want to lose the oak tree. She spoke about the existing poles that line up on her side of the property; and that there was room on the applicant's property to work without disturbing the trees. Greg Hownstein, stated he was a relative of the owner of the house behind the subject property. He said there was a letter submitted previously to the Planning 3 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JULY 25,2000 Commission regarding adverse effects to their property. He submitted a letter for the record from Liem Vo and Daniel Dang which address the decisions made by the PI~nning Commission not related to the undergrounding, Hearing no further public comments, Mayor Lady closed the Public Hearing, Council questions and discussi.on included various potential methods of working around the existing oak tree in order to place the overhead wires underground; whether or not the transformer on the pole across the street could be placed underground in the City's right.of-way in a utility easement. versus on private property; and whether P .G.&E, had been contacted to find out what exactly is , required, ' , [ Tim Thiessen, California Design Associates, stated that there was an i$sue of placing the transformer underground because it could not be surface mounted. He stated he was not sure if P,G.&E would allow the transformer to be placed underground under the driveway. He stated they are usually located in a dedicated easement and would conflict with the design of the driveway approach. 'John Belsher stated the transformer must be replaced for undergrounding and relocated on the applicant's property, He sai~ it was not a feasible solution due to the expense and may not be acceptable to the utility company. Bill Sutton, owner/applicant, relayed information from his meetings with P,G,&E and stated that a person must pay P.G,&E. to prepare an estimate and written recommendations. Mrs, Boswell stated that she had given permission for accessing her driveway in order to place the transformer at the back of the property. She said she was not aware of any easement. Following further discussion with regard to the placement and cost of undergrounding, Council Member Tolley stated the Council did not have enough information on undergrounding the utilities and would like to see documentation from P.G.&E, on options before making a decision, Council Member Runels and Mayor Lady agreed. i Council Member Dickens stated the issue before the Council was whether to uphold the conditions approved by the Planning Commission or determine whether the reasons for the appeal were adequate, He felt that the Planning Commission had done an adequate job in reviewing the proposal; had looked' at the General Plan and the Development Code; and had made good decisions based on the information provided. He stated he would not be opposed if the applicant wanted to come back with additional information regarding. P .G.&E:s assessment of the issue, However, he stated the applicant had not justified the appeal and he would uphold the Planning Commission's decision. 11 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUL Y 25, 2000 Mayor Pro Tern Ferrara commented on the requirements of the City's Development Code to place overhead wires underground; bringing in an arborist to ens~re there is no damage to the oak tree; whether it was feasible to place the tran.sformer in the public right-of-way; and related cost estimates, He said he agreed with Council Members Tolley and Runels about not making a decision without more information, He stated he was willing to postpone the item if the applicant was willing to provide more information from P ,G,&E, John Belsher requested sixty days to bring back reports with more information about, P.G.&E.'s requirements regarding the placement and cost of undergrounding, Council Member Tolley moved to continue the item until September 26th. Council Members Runels seconded the motion, X Voice Vote ~RolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley No Dickens There being 4 A YES and 1 NO, the motion is hereby declared to be passed. 8. CITIZENS' INPUT; COMMENTS. AND SUGGESTIONS John Keen, 298 N, Elm, commented on the action Council took on Item 7,a, He suggested the Council give the Planning Commission direction because this decision was a policy change from the Development Code. He said. the Development Code does not address cost issues for undergrounding utilities. He said if cost was going to be a factor in decision-making, the Planning Commission needs that information from the Council. Sharlotte Wilson, Bambi Court, spoke about the paving of Valley Road. She said she was speaking to the Council on behalf of the senior citizens on Valley Road that are affected by the traffic noise and vibration levels. She said it has come to her attention that Valley Road was not going to be paved from Via Los Berros to Sunrise Terrace. She stated she was there to help the Council understand that it was not a cosmetic issue, She said that Marjorie Gillam set forth the petition and had never .approached the City on an issue until now. She stated it was her hope I that something would be done to help the residents on Valley Road. Dorothy VonBurg, resident on the corner of Tiger Tail and Valley Road, spoke about the negative impacts of truck traffic and the poor condition of Valley Road, 5 CITY COUNCILlREDEVELOPMENT AGENCY MINUTES JULY 25, 2000 9. CONSENT AGENDA Council Member Runels referred to Item 9.c, and asked if the Council authorized the exp.enditure of $17,000 for a study, would the City have funds to be able to implement any results of the study. Director of Building and Fire Fibich stated the report would allow the consultant to perform an independent analysis of the Fire Department. . He stated DMG- MAXIMUS was a company that has performed a number of studies for the City. Council Member Tolley asked when the last time a study was conducted. Director Fibich replied it was 1992 the last time a study was conducted, Council Member Runels asked if any recommendations had been put into place. Director Fibich responded yes, the full-time captains are a result of the study; as well as issues of training, joint ventures with other local Fire Departments, and : fire prevention programs, Mayor Pro Tem Ferrara asked if the remaining recommendations from the 1992 i I study were invalid at this time, i I Director Fibich responded that some were invalid, such as the recommendation I ! to build a second fire station, There was further discussion and clarification about the funding for the study, Council Member Runels moved and Council Member Dickens seconded the motion to approve Consent Agenda Items 9,a, through 9.e., with the recommended courses of action, a, Cash Disbursement Ratification, Approved, b, Minutes of City Council Meeting of July 11, 2000, Approved. c, Authorization to Award Bid - Update of Division of Fire and Emergency Services Staffing Needs and Options, Approved. d, Authorization to Purchase Replacement Police Patrol Vehicles. Approved, e, Authorization to Purchase Replacement In-Car Video Systems, Approved. - Voice Vote LRolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens R CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUL Y 25, 2000 i There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS 10.a, ADDITIONAL CONTRUCTION AL TERNA TIVES FOR FAIR OAKS AVENUENALLEY ROAD AND TALLY HO OVERLAY PROJECT Director of Public Works Spagnolo highlighted the staff report. He explained that the Capital Improvement Program included funds for the construction of the Fair Oaks AvenueNalley Road and Tally Ho Overlay project. He said the contract was awar~ed at a lower amount leaving a balance in the construction account. Staff identified several projects in the vicinity of the project, including paving the southerly portion of Valley Road, Staff recommended the Council 1) Review the additional construction alternatives and provide staff with a priority list; 2) Transfer $19,000 from project 350-5636 (traffic signal at Fair Oaks and Valley Road) to 350-5630; and 3) Transfer $7,500 from the Traffic Signalization Fund to 350-5630. Council Member Dickens asked for clarification that the chain link fence along Tally Ho Road would accommodate debris or rocks falling from the creek and would be a benefit for drainage purposes, Director Spagnolo replied that was correct. Mayor Lady opened the discussion for public comment, and upon hearing no comments, brought the discussion back to the Council. Council questions and discussion included the type of fence being proposed for Tally Ho; drainage issues on Valley Road near the High School; and the negative . impacts being experienced by residents on Valley Road due to the poor condition of the road. Director Spagnolo clarified that the proposed alternative regarding the storm drain on Valley Road would only address a puddling problem on Valley Road at the High School, which is identified in the Drainage Master Plan as High Priority Project #2. Mayor Pro Tern Ferrara commented that an overlay on' south Valley Road was more than imprQving the existing roadway by providing a smooth driving surface. He said there were environmental benefits to this project. Following discussion of the alternatives, there was Council consensus to prioritize the projects as follows: #1 - Overlay on south Valley Road #2 - Chain Link Fence on Tally Ho Road #3 - Mason Street paving from Le Point Street to East Branch #4 - Storm Drain on Valley Road, 7 CITY COUNCILlREDEVELOPMENT AGENCY MINUTES JULY 25, 2000 Council Member Runels moved to approve the transfer of $19,000 from project 350-5636 (traffic signal at Fair Oaks and Valley Road) to 350-5630; the transfer of $7,500 .from the Traffic Signalization Fund to 350-5630, and to prioritize the project alternatives as follows: 1, Overlay on south Valley Road; 2; Chain Link Fence on Tally Ho Road; 3, Mason Street paving from Le Point Street to East Branch; and 4. Storm Drain on Valley Road, Council Member Dickens seconded the motion. _Voice Vote -X.RolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 10.b. MODIFICATION TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) CONTRACT Director of Financial Services Snodgrass highlighted the staff report, She explained that the modification to the contract changes the retirement plan for miscellaneous employees from 2% at 60 to 2% at 55 based on the single highest year of earnings; and it also changes the Police retirement to a single highest year of earnings. She stated that CALPERS has excess assets available and there will be no current.cost to the City, Interim City Manager TerBorch explained that the Council had provided staff with direction in regard to this issue which was now a negotiated contract with both the SEIU and the Police Officers Association (POA). He clarified that this was a follow-up procedure on negotiations which have been approved, Council Member Dickens inquired as to fiscal impacts the City might incur in the future, Director Snodgrass explained that it was estimated in the miscellaneous category that with the current excess, it would take 70 years to use up the excess assets, On motion by Council Member Tolley to 1) Introduce an Ordinance amending the contract with the California Public Employees' Retirement System; and 2)' Approve and authorize the Mayor to sign on behalf of the City a Resolution of Intention to amend the contract with the California Public Employees' Retirement System. Council Member Runels seconded the motion, ~ CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JULY 25, 2000 Voice Vote LRolI Call Vote Aye . Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 11. NEW BUSINESS 11.a. TRACT 2207. VISTA DEL MAR. WATER FOR GRADING Director Spagnolo highlighted the staff repoJ1. He stated the contractor for the project, located at the end of Orchard Street, has requested the use of potable water for grading operations, He explained that previous Council direction required the contractor to use the City's non-potable water source. Council Member Dickens referred to the project schedule and asked how the Lopez water shutdown would impact the applicant. Director Spagnolo responded that the City was fortunate in that it would get water from the Edna connection to the Lopez water main, He said that because it would be off-season, the City would be able to the use this source and the wells to fully maintain the water system. . Mayor Lady opened the discussion for public comment. Rob Lewis, contractor for the project, stated he was available to answer questions. Council Member Dickens said he assumed Mr. Lewis was using non-potable water now for grading operations, Mr, Lewis stated they had just started using the well, which was untreated water. He said they had previously been using non-potable water from the City's source adjacent to the Soto Sports Complex, He explained that using the well has reduced truck traffic and was working out very well, Following Council discussion and comments relating to the use of the well versus potable water; using the potable water source as a back-up to the well; alternative scheduling for use of the well; the benefits of reducing construction truck traffic on the City's roads; and the sufficiency of the City's water resources, Director Spagnolo suggested that he could try to work out a schedule with the contractor for use of the well, in order to reduce the amount of potable water being used. Q CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JULY 25, 2000 On motion by Mayor Pro Tern Ferrara to approve the request from Co'astal Earthm~vers, Inc, to use pota~le water for grading operations for Tract 2207 with the stipulation that the potable water source be used as a backup and that the primary source be identified as the well currently being used, and further, di.rect staff to work with the contractor to create a schedule to access the non-potable source, Council Member Runels seconded the motion, Voice Vote LRolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye 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~, Thanked Council Member Runels for attending the meeting of July 19 h in his absence; reported that a system was going to be implemented using a chlorine contact chamber as an additional treatment; approved I and adopted the 2000-01 Budget; waived fees for dedicated open space in relation to agreement with Village Glen Homes. (2) Other. None. b, MA VOR PRO TEM TONY M, FERRARA (1) Integrated Waste Management Authority Board (IWMA). Met on July 12th; curbside recycling percentages have increased 27% since April; this figure does not factor in the construction and demolition impact as there is no mechanism in place to measure it at this time; the base percentage on County.wide basis is 51 %; presentation was received from Templeton Community Services District to become independent which would limit IWMA review and regulation of recycling programs and could affect County-wide figures. (2) Economic Vitality Corporation (EVC), No report; however, for informational purposes, David Spaur, President, is grouping the Board of Directors with those who represent cities in the County and grouping the Board of Directors with those representing private industry to conduct strategic planning to try and bridge them formally with the outputs of the EVC's strategic plan. Next meeting is July 26th. (3) Air Pollution Control District (APCD), No report, Next meeting is July 26th. 1n CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JUL Y 25, 2000 c, COUNCIL MEMBER THOMAS A. RUNELS (1') Zone 3 Water Advisory Board. Met on July 20th; Tony Boyd has retired; Christine Ferrara has assumed the position of Utility Division Manager for the County of San Luis Obispo; the Lopez line will be shut down for 2 weeks in mid-September to accommodate the connection of the Village Center project and work to be done at the treatment plant; cleaned part of the water line in Oceanowhich increased the flow by 50%; conducted the election of Officers at which he was reelected as Chair. (2) County Water Resources Advisory Committee (WRAC). Noreport, (3) Other. Attended South County Sanitation District as the alternate; authorized the purchase of a street sweeper for the yard; negotiating with Cellular One to consider placement of towers/antennas at the plant; also gave an update on the Santa Maria water litigation case. I I 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/SLORTA), SLOCOG did not meet in July; SLORTA meeting consisted of interview of ,three candidates to take over as Manager, all of which were rejected. A steering committee was created to put together the parameters of a management audit of SLORT A. (3) Other, None, e, COUNCIL MEMBER JIM DICKENS (1) South County Area Transit (SCAT), No report. (2) Economic Development Committee/Chamberof Commerce. No report, (3) Community Recreation Center Subcommittee. No report. Next meeting is July 26th. (4) Economic Opportunity Commission (EOC). Looking at providing services to the State of Nevada and to Puerto Rico; negotiating land in San Luis Obispo to build new EOC facility. (5) South County Youth Coalition, Next meeting is in September. (6) Other, Appointed as citizen representative to the Arroyo Grande Community Hospital Board, 13. COUNCIL COMMUNICATIONS Mayor Lady asked Council Member Tolley if he could represent the City at an event to be held at the South County Regional Center on July 27th to recognize people who had work-related injuries and are back in the workplace. 11 CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JULY 25, 2000 Council Member Tolley indicated he could not attend as he was scheduled to work t~at evening, 14. STAFF COMMUNICATIONS Interim City Manager TerBorch distributed correspondence from Envicom Corporation received via fax at 5:58 p.m, today. Interim City Manager TerBorch suggested a joint workshop be held with the Planning Commission regarding the Economic Development Strategy. He stated he would bring forth potential dates for a joint workshop at the next meeting. Mayor Pro Tern Ferrara commented that there were two projects in process right now and there continues to be requests from the Planning Commission for clarification on how to enforce the Strategy. He suggested a date fairly soon so the proposed projects are not held up. Interim City Manager TerBorch indicated that staff was currently researching and developing a report on moving forward to make the Economic Development Strategy an Element of the General Plan, 15. ADJOURNMENT Council Member Tolley, Council Member Runels seconded, and the motion passed unanimously to adjourn the meeting, I Time: 10:08 p.m. ---.--'...272- I~ /:; ~ ' MICHAEL A, LAD ,M OR ATTEST: )l/i1UrJ,~ ORE, ADMINISTRATIVE SERVICES DIRECTORf DEPUTY CITY CLERK 1?