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Minutes 2006-07-25 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TUESDAY, JULY 25, 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 7:01 p.rn. 2. ROLL CALL City Council: Council Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tern Jim Guthrie, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Community Development Rob Strong, Associate Planner McClish, Director of Public Works/City Engineer Don Spagnolo, and Chief of Police Tony Aeilts 3. FLAG SALUTE Members of Boy Scout Troop 26 led the Flag Salute. 4. INVOCATION Retired Pastor Richard Scharn delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Mayor's Commendations Recognizing James Murphy, Attorney; and Sandy and Cindi Lubin for Contributions to the "Let There Be Lights" Program. Mayor Ferrara presented a Mayor's Commendation to Sandy and Cindi Lubin for their generous contribution to the "Let There Be Lights" Program. Community Development Director Strong accepted the Commendation on behalf of Mr. Murphy, who was not present. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only Council Member Arnold moved, Mayor Pro Tem Guthrie 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 Eddie EI-Helou, E. Branch Street, stated he was pleased to see the progress of the "Let There Be Lights" program. He then spoke about the Village Improvement Association's (VIA) partnership with the City in the beautification of the Village business district. He referred back to the Village Streetscape Plan approved in 2001, noted the City had applied for grant funds through SLOCOG, and announced that the grant had finally been funded. He announced the VIA had purchased and donated all the new trees that would be planted in new planters along E. Branch Street. Minutes: City Council/Redevelopment Agency Meeting Tuesday, July 25, 2006 Page 2 8. CONSENT AGENDA Mayor/Chair Ferrara invited any member 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 TemNice Chair Guthrie requested that Item 8.h. be pulled for discussion. Council/Board Member Dickens moved, and Council/Board Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.i., with the exception of Item 8.h., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Dickens, Arnold, Costello, Guthrie, Ferrara None None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period July 1, 2006 through July 15, 2006. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of June 30, 2006. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of June 27,2006, as submitted. 8.d. Consideration of an Award of a Consultant Services Agreement with Tenera Environmental to Provide Services in Conjunction with the Annual Creek Cleaning Program. Action: 1) Approved a Consultant Services Agreement with Tenera Environmental for services in conjunction with the annual creek cleaning program in the amount of $15,874.00; and 2) Authorized the Mayor to execute the Agreement. 8.e. Consideration to Approve the Plans and Specifications for the 2006 Pavement Management Program, PW 2006-07. Action: 1) Approved the plans and specifications for the 2006 Pavement Management Program, PW 2006-07; 2) Determined that the project is categorically exempt from CEQA pursuant to Section 15301(d); and, 3) Directed the Director of Administrative Services to file a Notice of Exemption. 8.1. Consideration of Authorization to Purchase Unmarked Police Vehicle. Action: Authorized staff to purchase a new 2005 Ford Crown Victoria sedan, from Mullahey Ford, for a total cost of $21 ,404.21. 8.g. Consideration of Authorization to Purchase Two (2) Replacement Police Department Patrol Vehicles. Action: Authorized staff to purchase two (2) replacement Police Department patrol vehicles from Mullahey Ford for $45,400. 8.1. Consideration of Purchase of ProDertv at Faeh Street and EI Camino Real [COUNCIURDA). Action: The City Council adopted Resolution No. 3938 approving the proposed Financing Agreement between the City and Redevelopment Agency; 2) the Redevelopment Agency Board of Directors adopted Resolution No. RDA 06-03 approving the Financing Agreement between the City and Redevelopment Agency, finding that the Agency's acquisition is exempt from the California Environmental Quality Act pursuant to 14 C.C.R. !l!'i15060(c)(2) and 15061(b)(3), approving the purchase and sale agreement Minutes: City Council/Redevelopment Agency Meeting Tuesday, July 25, 2006 Page 3 for the vacant lot at Faeh Street and EI Camino Real (APN 006-151-027), and authorizing the Executive Director or Chair to execute a Certificate of Acceptance consenting to the recordation of the Grant Deed; and 3) the Redevelopment Agency Board of Directors appropriated $830,000 from the Redevelopment Agency Budget for property acquisition plus escrow, appraisal, soils and environmental tests and closing costs. 8.h. Consideration of Redevelopment Agency Assistance for Undergrounding or Relocation of Utilities Necessary for a Proposed Restaurant Project at 1400-1480 E. Grand Avenue [COUNCIURDA). Action: It is recommended: 1) the Redevelopment Agency Board of Directors adopt a Resolution making required findings to appropriate funding for undergrounding or relocation of the utility pole and lines located at 1400 - 1480 E. Grand Avenue, appropriating funding not to exceed $120,000 for that purpose, and authorizing the Executive Director to enter into an agreement not to exceed $120,000 for the undergrounding or relocation described above; and 2) the City Council adopt a Resolution consenting to the Agency funding described above and making required findings related thereto. In response to questions by Mayor Pro TemNice Chair Guthrie, City Manager/Executive Director Adams explained that funding through the County was not available for this project. Mayor Pro TemNice Chair Guthrie moved to approve staff's recommendations as follows: Adopt "A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING THE AGENCY'S FUNDING FOR UNDERGROUNDING OF, OR RELOCATION OF, CERTAIN UTILITY POLES AND LINES AT 1400-1480 EAST GRAND AVENUE"; appropriate funding not to exceed $120,000, and authorize the Executive Director to enter into an agreement not to exceed $120,000 for the undergrounding or relocation; and adopt "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO THE FUNDING BY THE ARROYO GRANDE REDEVELOPMENT AGENCY FOR UNDERGROUNDING OF, OR RELOCATION OF, CERTAIN UTILITY POLES AND LINES AT 1400-1480 E. GRAND AVENUE". Council/Board Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Dickens, Costello, Arnold, Ferrara None None 9. PUBLIC HEARING 9.a. Consideration of Adoption of Ordinance Adding Chapter 3.22 to Title 3 of the Arroyo Grande Municipal Code Establishing a Transactions and Use Tax (Sales Tax) to be Administered by the State Board of Equalization and Related Resolutions Required to Place the Proposed Ordinance on the November 7,2006 Election Ballot. City Manager Adams presented the staff report and recommended the Council: 1) Adopt an Ordinance adding Chapter 3.22 to Title 3 of the Arroyo Grande Municipal Code establishing a transactions and use tax to be administered by the State Board of Equalization; 2) Adopt a modified Resolution ordering the submission to the qualified electors of the City a measure and Minutes: City Council/Redevelopment Agency Meeting Tuesday, July 25, 2006 Page 4 four advisory measures relating to the establishment of a local transactions and use tax (sales tax) at the General Election to be held on Tuesday, November 7, 2006; 3) Adopt a modified Resolution setting priorities for filing written arguments regarding City measures and directing the City Attorney to prepare an impartial analysis of the measures; and 4) Adopt a modified Resolution providing for the filing of rebuttal arguments for City measures submitted at municipal elections. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received and Mayor Ferrara closed the public hearing. Council Member Arnold moved to adopt an Ordinance as follows, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 3.22 TO TITLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE ESTABLISHING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION". Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE AND FOUR ADVISORY MEASURES RELATING TO THE ESTABLISHMENT OF A LOCAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006, AS CALLED BY RESOLUTION NO. 3925". Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello. Guthrie, Ferrara None None Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS". Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Dickens, Costello, Guthrie, Ferrara None None Council Member Arnold moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS". Council Member Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Costello, Dickens, Guthrie, Ferrara None None Minutes: City Council/Redevelopment Agency Meeting Tuesday, July 25, 2006 Page 5 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities Annual Conference. City Manager Adams presented the staff report and recommended the Council appoint one Council Member as the voting delegate and one Council Member as the alternate delegate for the League of California Cities Annual Conference. Mayor Ferrara moved to appoint Council Member Arnold as the voting delegate and himself as the alternate delegate. Council Member Dickens seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Ferrara, Dickens, Costello, Arnold, Guthrie None None 11.b. Consideration of Fiscal Year 2006-07 Budget Update. [COUNCIURDA] Director of Financial Services Kraetsch presented the staff report and recommended the City Council/Redevelopment Agency Board approve the budget adjustments listed in the Budget Update report; approve requests for additional appropriations in the General Fund; find that pursuant to Health and Safety Code Section 33334.3 that the planning and administrative expenses charged to the Low and Moderate Income Housing Fund are necessary for the production, improvement, or preservation of low and moderate-income housing. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. No public comments were received. Council/Board Member Costello moved to approve the budget adjustments listed in the Budget Update report; approve requests for additional appropriations in the General Fund; find that pursuant to Health and Safety Code Section 33334.3 that the planning and administrative expenses charged to the Low and Moderate Income Housing Fund are necessary for the production, improvement, or preservation of low and moderate-income housing. Council/Board Member Arnold seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Arnold, Dickens, Guthrie, Ferrara None None 11.c. Discussion of an Arroyo Grande Watershed and Creek Memorandum of Understanding. Associate Planner McClish presented the staff report and recommended the Council discuss the working draft Arroyo Grande Watershed and Creek Memorandum of Understanding ("draft MOU"), make any modifications determined to be necessary or desirable and authorize the Mayor to distribute the working draft MOU to involved agencies for review and comment. Minutes: City Council/Redevelopment Agency Meeting Tuesday, July 25, 2006 Page 6 Mayor Ferrara gave a brief background of the recent successful Proposition 218 election to fund programs for the maintenance, protection, and enhancement of the Arroyo Grande watershed and creeks. He explained that he had requested, and the Council had concurred, to direct staff to prepare a draft Memorandum of Understanding (MOU) which would be presented to key . agencies involved in the process. Council comments and discussion ensued with regard to the City's role in the process; funding issues; whether there should be representation from Zone 1/1A; and the status of the Habitat Conservation Plan as well as the Swanson Study. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. No public comments were received. Following discussion, staff was directed to modify the MOU as follows: 1) Modify section IIl.c. to read: Provide a practical and effective means of maximizing the benefits and minimizing adverse impacts on aaricultural resources, riparian, wetland and other ecosystem habitat within Watershed; 2) Modify the last sentence in section VI - Funding - ... .The parties &IlaII mav make available other reasonable and proportionate funding and resources necessary to implement Watershed maintenance, protection, and enhancement efforts and programs, including through staffing, grants, voluntary contributions and/or other similar resources. Council Member Costello moved to modify the working draft MOU as directed and to authorize the Mayor to distribute the MOU to involved agencies for review and comment. Council Member Dickens seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Costello, Dickens, Arnold, Guthrie, Ferrara None None 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Executive Board met to set Agenda for next meeting. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Will be discussing the District Rate Study Update and planning presentations to OCSD Board and Cities of Arroyo Grande and Pismo Beach to receive feedback on proposed rate increase. Approved the FY 06-07 Budget. (3) Other. None. b. MAYOR PRO TEM JIM GUTHRIE: (1) Economic Vitality Corporation (EVC). Meets tomorrow. (2) Other. None. c. COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT). No report. (2) South County Youth Coalition. No report. (3) Other. None. Minutes: City Council/Redevelopment Agency Meeting Tuesday, July 25, 2006 Page 7 d. COUNCil MEMBER JOE COSTEllO: (1) Zone 3 Water Advisory Board. No report. (2) Air Pollution Control District (APCD). Meets tomorrow. (3) Fire Oversight Committee. No report. (4) Fire Consolidation Oversight Committee. No report. (5) Other. None. e. COUNCil MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) County Water Resources Advisory Committee (WRAC). No report. (4) Other. None. 13. CITY COUNCil MEMBER ITEMS None. 14. CITY MANAGER ITEMS None. 15. COUNCil COMMUNICATIONS Council Member Arnold requested that commendations be presented to vendors that donated the trees that were planted on Traffic Way. Council Member Dickens requested that the graffiti on the trash bin by Miner's Hardware be removed. Mayor Ferrara referred to excessive pizza advertising signage along E. Grand Avenue and requested that staff look into the matter to ensure compliance with the City's sign ordinance. 16. STAFF COMMUNICATIONS None. 17. COMMUNITY COMMENTS AND SUGGESTIONS None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at8:10 p.m. ATTEST: (Approved at CC Mtg 'i?' ~ l?, 2004>)