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Minutes 2006-01-10 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JANUARY 10, 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 7:05 p.m. 2. ROLL CALL City Council/RDA: Council/Board Members Dickens, Costello, Arnold, Mayor Pro TemNice Chair Guthrie and Mayor/Chair Ferrara were present. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, retiring Chief of Police TerBorch, incoming Chief of Police Aeilts, Director of Public Works/City Engineer Spagnolo, Director of Financial Services Kraetsch, Director of Building and Fire Fibich, Community Development Director Strong, and Executive Assistant Bassett. 3. FLAG SALUTE Tom Lauinger, President, Kiwanis Club of Arroyo Grande Valley, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Presentation of Medal of Merit to Police Officer Tammie Eggers. Mayor Ferrara presented an Honorary Proclamation awarding the Police Department's Medal of Merit to Police Officer Tammie Eggers for her conduct in facilitating a relatively peaceful resolution to a situation which otherwise could have resulted in the use of deadly force with an armed suspect. Chief TerBorch also acknowledged Officer Eggers and her courageous actions during this incident. 5.b. Oath of Office Administered to Police Chief Tony Aeilts by City Clerk Kelly Wetmore. City Clerk Wetmore administered the Oath of Office to the City's new Chief of Police, Anthony A. Aeilts. Chief Aeilts then briefly addressed and thanked the City Council, staff and members of the community. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only. Council Member Arnold moved, Council Member Dickens 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. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 2 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Marianne Buckmeyer, representing Save the Mesa, spoke in opposition to ihe Cypress Ridge #2 development project and noted that comments regarding the proposed project need to be made to the County Board of Supervisors on or before their meeting on Febq.Jary 7'h She urged the City Council to continue to provide comments to the County regarding the project's traffic, noise, and water impacts. a. CONSENT AGENDA Mayor/Chair Ferrara invited members of the public to speak on any Consent Agenda item. John Keen, Arroyo Grande resident, referred to Item 8.1. (Camino Mercado Traffic Signal), and commented on the importance of this traffic signal to W. Branch Street. He requested the Council consider updating the signal to include a traffic count controller, which would help with future planning for that area to determine traffic flow. He said it was not a large additional cost and over time it would benefit the City. He also suggested the same component be added to the' Halcyon/E. Grand Avenue signal when it is scheduled for replacement. Council/Board Member Arnold requested that Items a.f. and 8,1. be pulled. Mayor/Chair Ferrara requested that Item 8.1. be pulled. Council/Board Member Costello moved, and Council/Board Member Arnold seconded the motion to approve Consent Agenda Items 8,a. through 8,1., with the exception of Items 8.f.. 8.1. and 8.1., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Costello, Arnold, Dickens, Guthrie, Ferrara None None a.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period December 1, 2005 through December 31, 2005. a.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of November 3D, 2005. a.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council meetings of October 25 and November 8 2005; and the minutes of the Regular City Council Meeting of November 8, 2005 as submitted. a.d. Consideration of Annual Adjustment of Sewer Connection Fees. Action: Adopted Resolution No. 3897 approving the annual adjustment to the sewer connection fees based on changes in the Engineering News Record (ENR) Construction Cost Index (CCI). a.e. Consideration of Adjustment to Decrease the Mileage Reimbursement Rate for Employees and Volunteers. [COUNCILlRDA] Action: Established .445~ per mile as the employee/volunteer mileage reimbursement rate for the 2006 calendar year. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 3 8.g. Consideration of Designation of Agent (OES/FEMA Multi-Jurisdictional Local Hazard Mitigation Plan). Action: Adopted Resolution No. 3899 designating the City Manager, Financial Services Director, and Director of Building and Fire as the City's agents for the purpose of requesting reimbursement for the development of a Multi-Jurisdictional Local Hazard Mitigation Plan through the Governor's Office of Emergency Services (OES). 8.h. Consideration of an Award of Contract to Floyd V. Wells, Inc. to Construct Phase I of the Well No.1 0 Project, PW 2004-07. Action: 1) Awarded a contract for the construction of Phase I of the Well NO.1 0 Project, PW 2004-07 to Floyd V. Wells, Inc. in the amount of $175,160.00; and, 2) Authorized the City Manager to approve change orders not to exceed the contingency of $17,516.00 for use only if needed for unanticipated costs during the construction phase of the project. 8.j. Consideration of Acceptance of the Theis/Keisler Tennis Court Addition Project, PW 2004-02. Action: 1) Accepted the project improvements, as constructed by Malibu-Pacific Tennis Courts, Inc., in accordance with the plans and specifications for the Theis/Keisler Tennis Court Addition Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention of $22,140.10, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.k. Consideration of Acceptance of Easements and Public Improvements for Tract 2328 - Stonecrest - S&S Homes of the Central Coast. Action: 1) Accepted the public improvements, as constructed, that were conditioned for Tract 2328; and 2) Adopted Resolution No. 3900 accepting the offers of dedication and rights of way shown on the final Tract Map. 8.f. Consideration of Resolution Establishing the Architectural Review Committee (ARC) as the Interim Building Code Board of Appeals. Recommended Action: Adopt Resolution establishing the ARC as the Interim Building Code Board of Appeals. Council Member Arnold expressed concern that interim assignments tend to become permanent and asked how often the City has building code issues. Mayor Ferrara stated that if it were often, he would prefer to establish a permanent Board of Appeals existing of members of the building community. Staff noted that appeals of this nature do not occur very often. There was further discussion regarding the appeal provisions of the Uniform Building Code. Council Member Arnold suggested that the interim Board of Appeals be established for a three-month. period and direct staff to move forward to establish a permanent Board of Appeals. Council Member Arnold moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Establishing the Architectural Review Committee as the Interim Building Code Board of Appeals", as amended to include that the Resolution will expire in 90 days; and further move to direct staff to move forward with the establishment of a permanent Building Code Board of Appeals. Council Member Dickens seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Arnold, Dickens. Costello, Guthrie, Ferrara None None CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 4 4 8.L Consideration of an Award of Contract to Lee Wilson Electric Company Inc., for Construction of the Camino MercadolWest Branch Traffic Signal Project, PW 2005- 05. Recommended Action: 1) Award a contract for the construction of the Camino MercadolWest Branch Traffic Signal Project, PW 2005-05 to Lee Wilson Electric Company Inc. in the amount of $313,369.00; 2) Authorize the City Manager to approve change orders not to exceed the contingency of $31,337.00 for use only if needed for unanticipated costs during the construction phase of the project; arid 3) Transfer $212,000.00 from the Traffic Signalization Fee Fund. Council Member Arnold acknowledged Mr. Keen's public comments and asked staff about the additional costs for a traffic count controller. Director Spagnolo stated he did not have specifics; however, he could come back with an analysis of the costs. In response to an inquiry from Mayor Ferrara, Mr. Keen also acknowledged he did not have exact costs; however, he reiterated the long-term benefit to the City. Council Member Arnold recommended adding this component. Director Spagnolo responded he could return to the Council in 30 days with further information. Council Member Costello recommended awarding the contract and coming back later with additional costs for further consideration. Council Member Dickens also suggested providing information with how the information would be used, such as plugging the information in to the City's traffic model. Council Member Arnold moved to approve staff's recommendations associated with awarding a contract for the construction of the Camino MercadolWest Branch Traffic Signal Project to Lee Wilson Electric Company, and further moved to direct staff to return in 20 days with information relating to costs for the traffic count controller. Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None 8.1. Consideration of Temporary Use Permit Case No. 05-027 Related to Maintenance/Remodeling of Wal-Mart; PS Contracting, Inc.; 1168 W. Branch Street. Recommended Action: The Planning Commission recommends the City Council adopt a Resolution approving Temporary Use Permit Case No. 05-027. Mayor Ferrara acknowledged that most of his concerns had been addressed in the staff report; however, he had one lingering concern. He referred to item 2.j. in the proposed Resolution regarding the fence and noted that original project approval did not include the vacant piece (Pad A-2) to be fenced. He requested that staff research the issue to see if the City can legally require Five Cities Center to build the approved structure on Pad A-2. He stated he wants to see completion of the entire Center and to find out what the status of Pad A-2 is. Mayor Ferrara moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Approving Temporary Use Permit Case No. 05-027; Related To . Maintenance/Remodeling of Wal-Mart; PS Contracting, Inc.; 1168 West Branch St." and further directed staff to research the status of Pad A-2. Council Member Costello seconded, and the motion passed on the following roll-call vote: CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 5 AYES: NOES: ABSENT: Ferrara, Costello, Dickens, Arnold, Guthrie None None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Supplemental Water Studies of the Nacimiento and Desalination Projects and of Direction to Prepare Grant Application. Director of Public Works/City Engineer Spagnolo presented the staff report and recommended the Council: 1) Receive the presentation on supplement water studies; and 2) Direct staff to prepare a State grant application for funding to perform a full desalination feasibility study in cooperation with the other South County agencies. Director Spagnolo then introduced Steve Tanaka from Wallace Group. Steve Tanaka, Wallace Group, gave an overview of the results of the supplemental water studies; including a review of prior water supply studies, the scope of the studies; the design status and timeline of the Nacimiento Pipeline Extension project; a review of the two alternative alignments for conveying water through the Nacimiento pipeline project (Orcutt Hill alignment and Plains XP pipeline); a review of the specifications of the hydraulic grade line; an overview of the provisions included in the Nacimiento entitlement contract; an overview of the capacity of the Lopez Water Treatment Plant and Lopez Transmission System; an overview of the Nacimiento project capital costs, annual operation and maintenance costs; a cost summary of the Orcutt Hill pipeline; and a timeline for project implementation. Mr. Tanaka responded to questions from Council regarding the Nacimiento Study. Mr. Tanaka then presented information from the Study relating to the Desalination project which is proposed to be located on the South San Luis Obispo County Sanitation District (SSLOCSD) Wastewater Treatment Plant site; reviewed water supply options (brackish well water and sea water); identified critical utility issues; explained reverse osmosis technology and brine disposal methods; reviewed complex permitting issues, capital costs, annual operation and maintenance costs, and project implementation limelines associated with the project. He concluded the presentation by summarizing the costs of both projects and noted that the Desalination project was the more economical project; however, it had more environmental issues and the implementation timeline was longer. Council and staff discussion ensued regarding the fact that SSLOCSD is located in a flood zone and the potential impact that would have for receiving grant funding for the Desalination project; discussion about where blending of desalination water would take place and how the water is treated; clarifications regarding the permitting process; clarification regarding outfall capacity; and clarification regarding deadlines for submitting applications for Prop 50 funds. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 6 Mayor Ferrara invited those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council Member Arnold expressed concerns about costs and other issues associated with the Nacimiento project and noted that the project was not drought-proof. He spoke in favor of the Desalination project. Council Member Costello agreed that the Nacimiento project was expensive; stated he was not willing to exclude the project at this time; supported continuing to study all options; recognized that the environmental impacts need to be analyzed; acknowledged concerns about the proposed site for the Desalination plant; supported moving forward with the Desalination Study and pursuing grant funds; and acknowledged the needs for additional water and finding additional water sources, Council Member Dickens stated he was not ready to close the door on the Nacimiento project; commented that the information presented was a good start for exploring additional water sources; supported staff's recommendation to pursue grant funds for the Desalination Project Study; agreed that environmental concerns would need to be addressed; noted the increasing number of desalination plants throughout California and noted this option is a natural resource for the future. Council Member Guthrie agreed that the Desalination project looks good in comparison to the Nacimiento project and agreed with the suggestion about looking for an alternative site for the Desalination plant or to mitigate the potential impacts at the proposed site location. City Manager Adams noted that staff would be presenting the Urban Water Management Plan to the Council soon, which would provide further information regarding the proposed options. Mayor Ferrara supported proceeding with the studies and agreed it was too early to eliminate any of the options. He supported staff's recommendation and supported continuing to look, measure, and monitor the progress of the Nacimiento project. Council Member Costello moved to accept the presentation of the supplemental water studies, and to direct staff to prepare a State grant application for funding to perform a full desalination project feasibility study in cooperation with the other South County agencies, with additional direction to consider alternative sites for the Desalination plant. Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Arnold, Guthrie, Dickens, Ferrara None None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS Council Member Dickens referred to Marianne Buckmeyer's earlier public comments regarding the Cypress Ridge development proposal and stated the City has previously taken a position in writing on the project. He inquired whether the City needed to address the matter again. City Manager Adams stated he noted the issue and would follow up on the matter. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES JANUARY 10, 2006 PAGE 7 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara referred to the recent rain totals and gave kudos to the crews at the South San Luis Obispo County Sanitation District, which was one of few districts in the County that did not suffer any raw sewage spills into the outfall. He thanked the City staff, specifically Public Works, for working through the storm to keep the City running smoothly. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Arroyo Grande resident and Traffic Commission member, referred to Consent Agenda Item 8.1. regarding the Camino Mercado traffic signal and commented the additional cost for equipment to obtain accurate traffic counts would lessen costs in other areas and benefit the City. John Keen, Arroyo Grande resident, referred to his involvement as an electrical superintendent on two major desalination plants in this area, at Diablo Canyon and in Morro Bay. He said the Diablo Canyon desalination plant processed seawater, which takes three times the energy and twice as much membranes to process seawater than brackish water. He noted that Morro Bay processes brackish water and the plant is half the size. He spoke about blending water and the reverse osmosis process as it relates to water quality. He agreed that a desalination plant should not be built in a flood zone; however, the proposed site could be prepared to be flood proof. 17. ADJOURNMENT Mayor/Chair Ferrara adjoined the meeting at 9:23 p.m. /' .::~r..-(.( ~ ,'(: ',' Tony M. Ferrara, Mayor/RDA Chair / ity Clerk/Agency Secretary (Approved at CC Mtg J.-I'I-O~ )