CC 2013-03-12_08.b. Approval of Minutes 02-26-13ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, FEBRUARY 26, 2013
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council Meeting to order at 6:00 p.m. Pursuant to
Government Code Section 54953(b), Mayor Ferrara announced that the Council meeting would
include teleconference participation by Mayor Pro Tem Costello on Item 11.a. from the Marriott
Courtyard San Diego Central, 8651 Spectrum Center Blvd, San Diego, CA 92123. He also noted
that the Notice and Agenda was posted at the teleconfer ence location and public comment from this
address would be allowed pursuant to Government Code Section 54954.3.
2. ROLL CALL
City Council: Council Member Caren Ray, Council Member Tim Brown, Council
Member Jim Guthrie, and Mayor Tony Ferrara were present. Mayor Pro
Tem Joe Costello was absent.
City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Interim
Director of Administrative Services Ryan Cornell, Director of Community
Development Teresa McClish, Associate Planner Kelly Heffernon and
Commander Beau Pryor.
3. FLAG SALUTE
Members of the El Camino 4-H, led the Flag Salute.
4. INVOCATION
Pastor David Burgeson, First United Methodist Church, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements :
On Tuesday, February 12, 2013, met in Closed Session regarding:
CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a)
Name of Case: Kimberely Martin v. Ar royo Grande Police Department, et al
Superior Court of California, County of San Luis Obispo
Case No. CV 100538
City Attorney Carmel announced that the Council approved a release of claims in the Martin
vs. Arroyo Grande matter. The material terms we re a $162,500 payment from the California
Joint Powers Insurance Authority and dismissal of all pending adverse employment actions.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Council Member Guthrie seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read by title only and all
further readings be waived.
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6. SPECIAL PRESENTATIONS
6.a. Recognition of Outgoing Architectural Review Committee Member Kyle Harris and
Outgoing Parks and Recreation Commissioner Julie Zachrich.
Mayor Ferrara recognized the following outgoing Commissioner and Board Member and
presented them with City plaques acknowledging t heir service to the community: Architectural
Review Committee Member Kyle Harris (2008-2013) and Parks and Recreation Commissioner
Julie Zachrich (2009-2013).
6.b. Honorary Proclamation Supporting the Start By Believing Public Awareness
Campaign.
Mayor Ferrara presented an Honorary Proclamation supporting the Start By Believing Public
Awareness Campaign to Commander Beau Pryor, who accepted on behalf of the Sexual
Assault Recovery and Prevention Center (SARP).
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
No public comments were received.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. There were no comments
received and the public comment period was closed.
Council Member Brown pulled Item 8.i.
Action : Council Member Guthrie moved, and Council Member Ray seconded the motion to
approve Consent Agenda Items 8.a. through 8.j., with the exception of 8.i., with the
recommended courses of action. City Attorney Carmel read the full title of the Ordinance in
Item 8.d. The motion passed on the following roll-call vote:
AYES: Guthrie, Ray, Brown, Ferrara
NOES: None
ABSENT: Costello
8.a. Consideration of Cash Disbursement Ratification.
Action : Ratified the listing of cash disbursements for the period February 1, 2013
through February 15, 2013.
8.b. Consideration of Statement of Investment Deposits.
Action : Received and filed the report listing the cu rrent investment deposits of the City,
as of January 31, 2013, as required by Government Code Section 53646(b).
8.c. Consideration of Approval of Minutes.
Action : Approved the minutes of the Regular City Council Meeting of February 12,
2013, as submitted.
8.d. Consideration of Adoption of an Ordinance Amending Title 2 (Administration and
Personnel) of the Arroyo Grande Municipal Code.
Action : Adopted Ordinance No. 650 entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 2
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(ADMINISTRATION AND PERSONNEL) OF THE ARROYO GRANDE MUNICIPAL
CODE”.
8.e. Consideration of Resolution Authorizing Use of Salary Range 34 for a Police
Officer Position.
Action : Adopted Resolution No. 4513 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE RATIFYING AND APPROVING USE
OF A SALARY RANGE RELATED TO THE HIRING OF POLICE OFFICER PHILIP
DOLLMAN”.
8.f. Consideration of Council Appointment to Historical Resources Committee.
Action : Approved the recommendation of Mayor Pro Tem Joe Costello to appoint
Vincent Allan to the Historical Resources Committee.
8.g. Consideration of Approving a One-Year Contract Extension to Waterboys
Plumbing, Inc. for the Plumbing Retrofit Program.
Action : 1) Approved a one-year contract extensi on to Waterboys Plumbing, Inc. in the
amount of $90,204.50; and 2) Authorized the Mayor to execute the contract.
8.h. Consideration of Acceptance of the 2012 Citywide Digout Project, PW 2012-03.
Action : 1) Accepted the project improvements as constructed by Ferravanti Grading and
Paving, Inc. in accordance with the plans and specifications for the 2012 Citywide Digout
Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the
retention, thirty-five (35) days after the Notice of Completion has been recorded, if no
liens have been filed.
8.j. Consideration to Approve Final Tract Map 3037; Accept the Open Space
Agreement Granting an Open Space Easement to the City of Arroyo Grande;
Approve the Restrictive Covenant; and Approve the Affordable Housing
Agreement.
Action : 1) Approved Final Tract Map 3037 Adjusting Lot Lines for Seven (7) existing
non-conforming residential lots with an approximate 13,378 square foot open space
easement for the protection of oak trees; 2) Accepted the Open Space Agreement
Granting an Open Space Easement to the City of Arroyo Grande; 3) Approved the
Restrictive Covenant and authorized the City Manager to execute the Agreement; and 4)
Approved the Affordable Housing Agreement and authorize the City Manager to execute
the Agreement.
ITEMS PULLED FROM THE CONSENT AGENDA
8.i. Consideration of Amendments to the Consultant Services Agreements with The
Wallace Group and WSC Consultants.
Recommended Action: 1) Approve Amendment No. 1 to the agreements with Wallace
Group and WSC Consultants for on-call engineering consultant services; and 2) Approve
a transfer of $10,000 from the Water Fund.
Council Member Brown expressed concerns about future consulting engineering projects with
significant cost components not coming back to Council for review and approval.
City Manager Adams suggested a detailed report on consultant engineering expenses be
included with budget status reports which would include consultant name, project, budget,
amount expended on project, and total amount expended.
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Action : Council Member Brown moved to approve staff’s recommendation, as amended to
direct staff to provide quarterly budget status reports on consultant engineering expenses.
Council Member Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: Costello
9. PUBLIC HEARINGS
9.a. Consideration of Community Developmen t Block Grant Projects for Year 2013.
Associate Planner Heffernon presented the staff report and recommended the Council
adopt a Resolution approving projects to be funded with the City’s allocation of CDBG funds
for the Year 2013.
Mayor Ferrara opened the public hearing. Speaking from the public in support of staff’s
recommendations for funding were Grace McIntosh, CAPSLO (Maxine Lewis Memorial Shelter);
and David Ryal, Mission Community Services. Hearing no further comments, Mayor Ferrara
closed the Public Hearing.
Action : Council Member Guthrie moved adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS FOR YEAR 2013”. Council Member
Ray seconded, and the motion passed on the following roll-call vote:
AYES: Guthrie, Ray, Brown, Ferrara
NOES: None
ABSENT: Costello
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
Mayor Ferrara called for a break at 6:45 p.m. and announced that staff would be contacting
Mayor Pro Tem Costello so that he could participate via teleconference in Item 11.a.
Mayor Ferrara reconvened the meeting at 6:55 p.m. Mayor Pro Tem Costello joined the
meeting via teleconference at 6:56 p.m.
11.a. Consideration of the Five Cities Fire Authority Special Financing District
Feasibility Study by NBS.
Chief Aranaz presented the staff report and NBS consultant Adina Light provided an overview of
the Feasibility Study and recommended that the City Council: 1) Receive the Feasibility Study
and Report from NBS, 2) Provide direction to the Five Cities Fire Authority representative to
proceed with the process of forming a Parcel Tax; and 3) Provide direction to the Five Cities
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Fire Authority representative to create the Parcel Tax without a sunset clause due to the long
term, annually recurring obligations funded by t he Parcel Tax and use the average Consumer
Price Index for Los Angeles, Riverside and Orange Counties as an automatic escalation factor.
Staff then responded to questions from Council.
Mayor Ferrara opened the public comment period. Speaking from the public in support of the
proposal were FAFA Fire Engineers John King, Eric Lockhart, and Mark Searby. Hearing no
further comments, Mayor Ferrara closed the public comment period.
Action : Council Member Ray moved to receive the Feasibility Study and Report from NBS and
that the following direction be provided to the Five Cities Fire Authority: 1) express support for
the concept of the Parcel Tax especially with regard to the other jurisdictions; 2) that we ask for
additional staffing analysis as it relates to the proposed annual cost of $1.4 million; 3) that other
options are provided that include lower cost options in addition to the current recommendation;
4) ask for staff to bring back recommendations to increase accountability for the expenditures of
those monies; 5) that there is no sunset clause built in and to use the recommended CPI
options presented in the staff report. Council Member Guthrie seconded. Mayor Ferrara
suggested adding 6) an emphasis on public outreach efforts and bringing back a plan for
Council review and input. The motion was amended, seconded, and passed on the following
roll-call vote:
AYES: Ray, Guthrie, Brown, Costello, Ferrara
NOES: None
ABSENT: None
Mayor Pro Tem Costello ceased his participation in the teleconference at 8:55 p.m.
11.b. Consideration of Resolution of Intenti on Related to Establishing the Arroyo
Grande Tourism Business Improvement District and Resolution to Establish
Advisory Board.
City Manager Adams presented the staff report and recommended that the Council: 1)
Adopt a Resolution of Intention to establish the Arroyo Grande Tourism Business
Improvement District (AGTBID), which will levy an assessment on lodging business within
such District, and fix the time and place of a public meeting and a public hearing in
accordance with the provisions of Streets and Highways Code Sections 36500 et seq. and
Government Code Section 54954.6; and 2) Adopt a Resolution establishing the AGTBID
Advisory Board.
Mayor Ferrara opened the public comment period. Speaking from the public in support of the
proposal was Kevin Barnes, Best Western Casa Grande. Hearing no further comments, Mayor
Ferrara closed the public comment period.
Action : Council Member Ray moved to adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO
ESTABLISH THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT ,
DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES
WITHIN SUCH DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING
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AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF”. Council Member
Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Ray, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
Action : Council Member Ray moved to adopt a resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARRO YO ESTABLISHING THE ARROYO GRANDE
TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD”, as amended to
modify the date in Section 7.c. from April 30 to March 31. Council Member Guthrie seconded,
and the motion passed on the following roll-call vote:
AYES: Ray, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
Mayor Ferrara called for a break at 9:05 p.m. The Council reconvened at 9:10 p.m.
11.c. Consideration of Input to the South Sa n Luis Obispo County Sanitation District
Regarding the Potential Expansion of th e Board of Directors to Five Members
and Alternating Board Meeting Locations.
City Attorney Carmel presented the staff report and explained the current composition of the
Board and the need for special legislation to change it. He recommended that the Council
provide Mayor Ferrara with input regarding the advantages and disadvantages of expanding
the South San Luis Obispo County Sanitation District Board of Directors to five members,
and alternating Board meeting locations among member jurisdictions.
Mayor Ferrara provided additional information prepared by the District’s legal counsel regarding
the need for special legislation to change the makeup of the Board.
Mayor Ferrara opened the public comment period. Speaking from the public was Brad Snook,
Chair, Surfrider Foundation. Hearing no further comments, Mayor Ferrara closed the public
comment period.
Following discussion, Council provided Mayor Ferrara with positive feedback with regard to
alternating future Board meeting locations among member jurisdictions to encourage and
increase attendance. It was further noted that additional information would be forthcoming with
regard to expanding the number of members on the Board.
No formal action was taken on this item.
12. CITY COUNCIL REPORTS
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City’s
appointed representative.
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(a) Mayor Ferrara:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(b) Mayor Pro Tem Costello (ABSENT)
(c) Council Member Guthrie:
(1) South County Area Transit (SCAT)
(2) Homeless Services Coordinating Council (HSOC)
(d) Council Member Ray:
(1) Economic Vitality Corporation (EVC)
(2) Zone 3 Water Advisory Board
(3) California Joint Powers Insurance Authority (CJPIA)
(4) Tourism Committee
(e) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
13. CITY COUNCIL MEMBER ITEMS
None.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Council Member Ray acknowledged her willingness to serve on the Real Estate Committee.
16. STAFF COMMUNICATIONS
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS
None.
18. ADJOURN TO CLOSED SESSION
At 9:55 p.m., Mayor Ferrara adjourned the open session in honor of the memory of Kaz Ikeda,
and the Council proceeded to closed session.
19. CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiators: Deborah Glasser Kolly, Steven Adams
Represented Employees: Arroyo Grande Police Officers' Association
19. RECONVENE TO OPEN SESSION
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20. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:14 p.m.
___________________________________
Tony Ferrara, Mayor
ATTEST:
_____________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ________________)
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