Minutes 2008-07-22MINUTES
REGULAR MEETING OF THE CITY COUNCILIREDEVELOPMENT AGENCY
TUESDAY, JULY 22, 2008
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
7:12 p.m.
2. ROLL CALL
City Council/RDA: Council/Board Members Joe Costello, Jim Guthrie, Ed Arnold, Mayor Pro
Tem/Vice Chair Chuck Fellows, and Mayor/Chair 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, Chief of Police Steve Annibali, Director of Building
and Fire Mike Hubert, Director of Community Development Rob Strong,
Director of Parks, Recreation and Facilities Doug Perrin, and Associate
Planner Teresa McClish.
3. FLAG SALUTE
Anne McCracken and Marya Kindig, representing Arroyo Valley Kiwanis Club, led the Flag Salute.
4. INVOCATION
Pastor George Lepper, Peace Lutheran Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Costello moved, Council Member Guthrie seconded, and the motion passed
unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in
title only and all further reading be waived.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Holly Ziegler Hagen, Woodland Drive, expressed concerns regarding the issuance of a Conditional
Use Permit to establish four oil wells in Huasna Valley which would result in the transport of heavy
crude oil through the City of Arroyo Grande. She submitted a letter outlining concerns as a result of
the project including heavy traffic through the Village; consistency of the oil; the hazardous and
toxic nature of the oil if spilled; negative impacts to the environment, streets, air quality, noise, and
non-enforcement of hours designated for hauling. She concluded by stating the County would be
reimbursed for road maintenance; however, the City would not benefit at all from the project.
Mayor Ferrara indicated that Mayor Pro Tem Fellows had brought the issue to the attention of the
Council and directed staff to follow up on the matter.
Eddie EI-Helou, E. Branch business owner, expressed thanks and appreciation to the City's Police
Chief for his quick response and action to abate the graffiti on his building located in the Village.
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Tuesday, July 22, 2008
Page 2
8. CONSENT AGENDA
Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item
to do so at this time. No public comments were received.
Action: Council/Board Member Costello moved, and Council/Board Member Guthrie seconded the
motion to approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of
action. The motion passed on the following roll-call vote:
AYES: Costello, Guthrie, Arnold, Fellows, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period June 16 through July 15,
2008.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of June 30, 2008.
8.c. Consideration of a Resolution to Establish the Mileage Reimbursement Rate for
Officials, Employees, and Volunteers Based on the IRS Standard Mileage Rate.
[CC/RDA]
Action: Adopted Resolution No. 4109 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE MILEAGE
REIMBURSEMENT RATE FOR OFFICIALS, EMPLOYEES, AND VOLUNTEERS BASED
ON THE INTERNAL REVENUE SERVICE (IRS) STANDARD MILEAGE RATE".
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council meeting of June 24, 2008, as
submitted.
8.e. Consideration of Appointment to Historical Resources Committee.
Action: Approved the recommendation of Council Member Joe Costello to appoint Shirley
Gibson to the Historical Resources Committee.
8.f. Consideration of a Reimbursement Agreement By and Between the City and
Creekside Estates of Arroyo Grande, LLC for Sewer and Water Improvements on
Property Located East of Noguera Place and North of East Cherry Avenue Extension
(Cherry Creek Project).
Action: Continued to a date uncertain.
8.g. Consideration to Accept the East Branch Street Sewer Lining Project, PW 2008-01.
Action: 1) Accepted the improvements as constructed by Southwest Pipeline and
Trenchless Corp. in accordance with the plans and specifications for the East Branch Street
Sewer Lining 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.h. Consideration to Approve the Draft Monitoring Program For The Northern Cities
Management Area.
Action: Approved the draft Monitoring Program for the Northern Cities Management Area.
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Tuesday, July 22, 2008
8.i. Consideration for Approval of a Resolution Approving the Application for a U.S.
Department of Homeland Security Emergency Operations Center Grant for
Construction of a Regional Emergency Operations Center in Conjunction with the
Police Station Expansion Project.
Action: Adopted Resolution No. 4110 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE APPLICATION FOR
A U.S. DEPARTMENT OF HOMELAND SECURITY EMERGENCY OPERATIONS
CENTER GRANT FOR CONSTRUCTION OF A REGIONAL EMERGENCY OPERATIONS
CENTER /N CONJUNCTION WITH THE POLICE STATION EXPANSION PROJECT".
9. PUBLIC HEARINGS
9.a. Consideration of Introduction of an Ordinance Repealing Chapter 2.28 of Title 2 of
The Arroyo Grande Municipal Code to Disband the Senior Advisory Commission.
Director of Parks, Recreation, and Facilities Perrin presented the staff report and recommended the
Council introduce an Ordinance repealing Chapter 2.28 of Title 2 of the Arroyo Grande Municipal
Code to disband the Senior Advisory Commission.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
Council comments included recognition of all the Commissioners who have served on the
Commission; appreciation for their service; and acknowledgement that many of the issues the
Commission was responsible for have been addressed in the City, including senior affordable
housing, transportation, and recreational activities.
Action: Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING CHAPTER 2.28 OF
TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE TO DISBAND THE SENIOR
ADVISORY COMMISSION". Council Member Costello seconded, and the motion passed on the
following roll call vote:
AYES: Arnold, Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: None
9.b. Consideration of a Vesting Tentative Tract Map and Planned Unit Development Case
No. 07-007 to Subdivide a 26.9 Acre Property into Fifteen (15) Residential Lots and a
Twenty-Two (22) Acre Permanently Preserved Open Space Parcel.
Associate Planner McClish presented the staff report and recommended the Council continue the
public hearing to allow additional time to receive further agency comments from the Department of
Fish and Game, Army Corps of Engineers and/or Regional Water Quality Control Board regarding
jurisdiction and permit issues.
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the
public hearing.
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Tuesday, July 22, 2008
Page 4
Brief Council discussion was held to determine whether the item should be continued to a date
certain or uncertain; and clarification concerning issues brought up at the last hearing regarding
feedback from regional permitting agencies; the emergency access road; and finished lots.
Action: Council Member Costello moved to continue the public hearing to the Regular City Council
meeting of August 26, 2008. Council Member Guthrie seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Guthrie, Arnold, Fellows, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of Multi-Dwelling Property Fire and Life Safety Annual Inspection
Program.
Director of Building and Fire Hubert presented the staff report and recommended the Council adopt
a Resolution approving the Multi-Dwelling Property Fire and Life Safety Annual Inspection Program
("Program") and amending the Master Fee Schedule to include Multi-Dwelling Inspection fees.
Staff responded to questions from Council concerning the proposed Program; how many multi-unit
facilities are located in the City; clarification that the Program would include inspection of common
areas only, and not individual units; acknowledgement that the inspections are required by State
law; how the inspection fees were calculated; that the City has the discretion and flexibility to
charge a re-inspection fee if necessary; and how the Program would impact staffing as it relates to
scheduling of inspections.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter,
and upon hearing no public comments, he closed the public comment period.
Council Member comments included support for the Program; that the inspection fee structure is
reasonable; that the City would be compliant with State law, and that the intent of the Program is to
protect life and property.
Action: Mayor Pro Tem Fellows moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE MULTI-
DWELLING PROPERTY FIRE AND LIFE SAFETY ANNUAL INSPECTION PROGRAM AND
AMENDING THE MASTER FEE SCHEDULE TO INCLUDE MULTI-DWELLING INSPECTION
FEES". Council Member Costello seconded, and the motion passed on the following roll-call vote:
AYES: Fellows, Costello, Guthrie, Arnold, Ferrara
NOES: None
ABSENT: None
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Tuesday, July 22, 2008
Page 5
11.b. Consideration of Extending the Joint Fire Services Agreement with the City of Grover
Beach and Oceano Community Services District.
Director of Building and Fire Hubert presented the staff report and recommended the Council
approve the Agreement for Joint Fire Management, Administrative, and Training Services and
Equipment Sharing between the City of Arroyo Grande, City of Grover Beach, and Oceano
Community Services District ("Agreement"), extending the Agreement for a period of three (3)
years.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter,
and upon hearing no public comments, he closed the public comment period.
Council comments included support for extending the Agreement; acknowledgement of the
successful cooperative efforts among the agencies to date, which has resulted in improved service
within each jurisdiction; and that the Agreement has also resulted in better and more frequent joint
training opportunities among the agencies. Additionally, concern was expressed regarding the
financial inequity issues that exist among the agencies and the need to address this at some time in
the future.
Action: Council Member Costello moved to approve the Agreement for Joint Fire Management,
Administrative, and Training Services and Equipment Sharing between the City of Arroyo Grande,
City of Grover Beach, and Oceano Community Services District, extending the Agreement for a
period of three (3) years. Council Member Amold seconded, and the motion passed on the
following roll-call vote:
AYES: Costello, Arnold, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: None
11.c. Consideration of Approval of Construction Plans and Specifications for the Village
Green Improvement Project, PW 2007-05.
Director of Parks, Recreation, and Facilities Perrin presented the staff report and recommended the
Council: 1) Approve the construction plans and specifications for the Village Green Improvement
Project, PW 2007-05; 2) Find that the Village Green Improvement project is categorically exempt
from CEQA pursuant to Guideline Section 15302; and; 3) Direct Administrative Services to file a
Notice of Determination. Staff responded to questions from Council concerning the proposed park
improvements, including installation of conduit for undergrounding of utility lines; additional
environmental review that would be required if the parking concept alternative on Short Street was
included in the project; the current balance of the Downtown Parking In-Lieu Fee Fund; the type of
fencing recommended to be replaced; clarification concerning the gravel parking lot and the
proposed lighting; and public outreach efforts concerning the proposed project.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter.
Nancv Underwood, Short Street, spoke in support of the proposed improvements to the park;
however, she expressed concern that the Council was discussing the issue of parking changes on
Short Street and, specifically, that no notification had been provided to the neighbors that this would
Minutes: Cify Council/Redevelopment Agency Meeting
Tuesday, July 22, 2008
be discussed again. She stated that a lot of objections were
parking configuration on Short Street, any loss of park land, and
would be used for employee parking for Village businesses. S
lighting in the park and stated she personally did not believe
intrusive.
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expressed about changes to the
expressed concern that the area
he further addressed the issue of
the proposed lighting would be
Upon hearing no further public comments, Mayor Ferrara closed the public comment period.
Council Members Guthrie, Costello, Fellows and Mayor Ferrara spoke in support of the proposed
Village Green Improvement Project; expressed concern about reconfiguring the parking on Short
Street; acknowledged the Village Mixed Use zoning near the park and that many businesses
already existed in the area when the zoning was updated/changed; acknowledged the City's
purchase of land on Le Point Street in the Village to provide a parking lot/structure for additional
parking in the Village; supported a more pedestrian oriented park and encouraging foot traffic
through the Village; expressed opposition to the loss of parkland; and suggested the planting of any
new trees away from the bandstand in order to avoid obstructing views.
Council Member Arnold stated that Short Street would have been a worthwhile location for
additional parking spaces; and commented on the continued conversion of homes to businesses in
this area of the Village and the need for additional parking. He stated that while he supported the
park improvements, he could not support the project without the expansion of the parking on Short
Street. He stated that the Village Mixed Use zoning supports that concept, and that there should
have been additional public input on the matter.
Brief Council and staff discussion ensued concerning the proposed project and it was requested
that staff notify the neighbors adjacent to the Village Green regarding the decorative lights included
in the Village Green Improvement Project, as well as when the bids for the project are presented to
the Council for approval.
Action: Council Member Guthrie moved to approve the construction plans and specifications for
the Village Green Improvement Project, PW 2007-05; find that the Village Green Improvement
Project is categorically exempt from CEQA pursuant to Guideline Section 15302; and direct
Administrative Services to file a Notice of Exemption. Mayor Pro Tem Fellows seconded, and the
motion passed on the following roll-call vote:
AYES: Guthrie, Fellows, Costello, Ferrara
NOES: Arnold
ABSENT: None
Mayor Ferrara called for a break at 8:55 p.m. The Council reconvened at 9:05 p.m.
11.d. Consideration of Modifications to Citv Council Exaense Reimbursement and Travel
Exaenditures
City Manager Adams presented the staff report and recommended the Council adopt a Resolution
repealing the City Council monthly expense allowance; provide staff direction on reimbursement
policies and procedures; and provide staff direction and/or approve a policy regarding budgeting of
City Council travel expenditures.
Minutes: City Council/Redevelopment Agency Meeting Page 7
Tuesday, July 22, 2008
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter,
and upon hearing no public comments, he closed the public comment period.
Mayor Ferrara suggested the Council take action on the proposed Resolution in order to ensure
compliance with AB 1234, and then have discussion on the remaining policy items.
Action: Council Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING RESOLUTION NO.
3255 REGARDING COUNCIL EXPENDITURE REIMBURSEMENT". Council Member Costello
seconded, and the motion passed on the following roll-call vote:
AYES: Arnold, Costello, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: None
Council and staff discussion ensued concerning the Council's current monthly stipend as well as the
monthly expenses they incur while attending meetings to conduct City business. There was
discussion concerning rising mileage reimbursement rates, the number of various regional meetings
that each Council Member attends within the County as the City's designated representative, and
how actual expenses generally exceed the $75 monthly allowance the Council had been receiving.
The Council commented that if reimbursement requests for actual mileage were submitted, it would
result in a much higher budget impact than the $75 monthly allowance. City Manager Adams
explained that one of the alternatives available to the Council is to transfer the $75 expense
allowance into the stipend. He stated there would be no impact to the City's budget if the Council
was to pursue that alternative; however, it would require an Ordinance to amend the Municipal
Code. Concern was expressed about the public's perception that this would constitute a raise for
the Council when, in fact, the monthly dollar amount the Council receives would be the same.
Council Members commented that even if the $75 were rolled into the stipend amount,
compensation would still be less than the County median for Council stipends.
Action: Council Member Arnold moved to direct staff to prepare an Ordinance to transfer the $75
monthly expense allowance into the monthly stipend. Council Member Guthrie seconded, and the
motion carried on the following roll-call vote:
AYES: Arnold, Guthrie, Costello, Fellows, Ferrara
NOES: None
ABSENT: None
Council discussion ensued concerning the appointment of one member of the Council to serve as
the City's liaison to the League of California Cities. Mayor Ferrara spoke of his current
commitments on the League's Board of Directors, his role as Chairman on the Public Safety Policy
Committee, and stated he was willing to serve as the liaison. The Council supported the idea of the
liaison concept and agreed that Mayor Ferrara should continue to represent the City's interests.
Mayor Ferrara encouraged the Council to continue to be involved locally, by attending the League's
Channel Counties Division quarterly meetings.
Minutes: Cify Council/Redevelopment Agency Meefing Page 8
Tuesday, July 22, 2008
Action: Council Member Costello moved to appoint Mayor Ferrara to serve as Council liaison to
the League of California Cities, with the exception of Channel Counties events and the Annual
League of California Cities Conference. Council Member Arnold seconded, and the motion carried
on the following roll-call vote:
AYES: Costello, Arnold, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: None
Council discussion ensued regarding the proposed City Council Travel Budget Policy. Some
concern was expressed about pre-determining and committing to travel and training opportunities a
year in advance; clarification concerning the budget review process; and methods for requesting
changes or additions to the travel budget. Following discussion, the Council agreed that there was
some flexibility within the policy and supported the City Council Travel Budget Policy as proposed.
Action: Council Member Costello moved to approve the City Council Travel Budget Policy. Mayor
Pro Tem Fellows seconded, and the motion carried on the following roll-call vote:
AYES: Costello, Fellows, Guthrie, Arnold, Ferrara
NOES: None
ABSENT: None
12. CITY COUNCIL REPORTS
a. MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). Reported that a new RTA Manager, Ed King, has
been hired and is currently relocating from Phoenix, Arizona.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Council Member
Guthrie attended as the Alternate..
(3) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee. Met with the
consultant and have come up with an alternative; currently working on channelization
refinements; will meet with COG representatives and bring back to Council for review
before submitting to Caltrans.
(4) Other. Attended the County Board of Supervisors meeting regarding a buffer zone
issue related to a proposed housing development located on S. Halcyon Road. The
item was continued to November 2008.
b. MAYOR PRO TEM CHUCK FELLOWS:
(1) South County Youth Coalition. No report.
(2) County Water Resources Advisory Committee (WRAC). No report. Distributed
information to staff regarding available grant opportunities through the California
Department of Water Resources and the California Department of Public Health.
(3) Other. None.
c. COUNCIL MEMBER JOE COSTELLO:
(1) Zone 3 Water Advisory Board. Operation of Lopez continues well; lake level is at
70%; Quagga mussel inspections are ongoing; the Habitat Conservation Plan is still
in progress and awaiting Federal response.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, July 22, 2008
Page 9
(2) Air Pollution Control District (APCD). Meets tomorrow; reported that the smoke
advisory for the County has been lifted.
(3) Fire Oversight Committee. The extension of the existing Agreement between the
three agencies was approved for a period of three years.
(4) Fire Consolidation Oversight Committee. No report.
(5) Other. None.
d. COUNCIL MEMBER JIM GUTHRIE:
(1) South County Area Transit (SCAT). No report.
(2) California Joint Powers Insurance Authority (CJPIA). No report.
(3) Other. Attended the South San Luis Obispo County Sanitation District meeting and
reported that the budget was approved; the digester project is almost done and will
come in under budget; the co-generation project is coming online soon; and there
was some concern about asix-year old violation which the District may be fined for,
which is the first time the District has ever been fined.
e. COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). None.
(2) Economic Vitality Corporation (EVC). Did not attend the last meeting; however,
the City Manager attended and gave a presentation. Mayor Ferrara also noted that
Mike Manchek attended the recent Mayor's meeting and reported on the EVC's
participation in the Airport Study. The Mayors requested that the EVC contact the
COG to coordinate efforts with regard to the Study.
(3) Other. Toured the Diablo Power Plant which was very informative.
13. CITY COUNCIL MEMBER ITEMS:
In response to earlier public comment, Council Member Costello asked, and the Council concurred,
to direct staff to provide a follow up report on concerns expressed regarding the proposed Huasna
Valley oil well project.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Mayor Pro Tem Fellows announced that there would be a public informational meeting on the
Huasna Valley oil well project at the Arroyo Grande Portuguese Hall on July 24t" at 7:00 p.m. and
again at the South County Regional Center on July 3151 at 6:00 p.m.
Mayor Pro Tem Fellows reported that the South County Historical Society has hired a consultant to
designate and list the Paulding House on the California Register of Historical Resources and
distributed information requesting letters of support.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, July 22, 2008
18. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 10:02 p.m.
Tony Ferrara r/Chair
ATTEST:
C/I.XX~
Kelly We ore, qty Clerk/Agency Secretary
(Approved at CC Mtg f1'~.~'~~lg )
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