Minutes 2008-10-28MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 28, 2008
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:03 p.m.
2. ROLL CALL
City Council: Council Members Ed Arnold, Jim Guthrie, Mayor Pro Tem Chuck Fellows,
and Mayor Tony Ferrara were present. Council Member Joe Costello was
absent.
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 Public
Works Don Spagnolo and Director of Parks, Recreation and Facilities Doug
Perrin.
3. FLAG SALUTE
Alvin Evenson, representing American Legion Post No. 136, led the Flag Salute.
4. INVOCATION
Pastor David Burgeson, First United Methodist Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
Mayor Ferrara announced that he had recently attended a luncheon that was sponsored by the
Food Bank Coalition of San Luis Obispo County, and noted its relationship with the Harvest Bag
Association. He stated the Food Bank acknowledged the City of Arroyo Grande through the
presentation of a plaque in appreciation for the use of the Soto Sports Complex for the distribution
of groceries to the community by Harvest Bag. Mayor Ferrara then acknowledged and expressed
appreciation to the City's Parks staff and presented the plaque to Doug Perrin, Director of Parks,
Recreation & Facilities.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Guthrie moved, Council Member Arnold 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
Eddie EI-Helou, Village business owner, stated about six years ago he had made a rough sketch
model of the Village downtown which represented his concept of what the downtown could be. He
referred to the proposed E. Branch Streetscape project as well as the relinquishment of Hwy 227
through the Village, and acknowledged the proposed project had already been designed and
approved; however, he suggested the City Council consider in the future including a center divider
or island in the middle of the street with trees to add beauty, pedestrian safety, and improve the
overall appearance of the Village. He acknowledged budget issues and that the City had received a
grant; however, he assured the Council the trees would be donated. He stated that irrigation and
Minutes: City Council Meeting
Tuesday, October 28, 2008
Page 2
electrical may also be needed in order to install a sound system for music. He concluded by stating
it was his hope his idea would be considered sometime in the future.
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.
Council Member Guthrie pulled Item 8.m.
Council Member Arnold pulled Item 8.h.
Action: Council Member Guthrie moved, and Council Member Arnold seconded the motion to
approve Consent Agenda Items 8.a. through 8.0., with the exception of Items 8.h. and 8.m., with the
recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.i.
The motion passed on the following roll-call vote:
AYES: Guthrie, Arnold, Fellows, Ferrara
NOES: None
ABSENT: Costello
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period October 1, 2008 through
October 15, 2008.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of September 30,
2008.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of October
14, 2008, as submitted.
8.d. Consideration of Program Supplement Agreement for the Crown Hill (Paulding Middle
School) Sidewalks Capital Improvement Project.
Action: 1) Adopted Resolution No. 4136 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT
NO. F02 TO ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED
PROJECTS NO. 00190S FOR THE CROWN HILL (PAULD/NG MIDDLE SCHOOL)
SIDEWALKS CAPITAL IMPROVEMENT PROJECT"; and 2) Directed the City Clerk to
submit Program Supplement Agreement No. F02 and authorizing Resolutions to Caltrans.
8.e. Consideration of Updated Master Agreements, Administering Agency-State
Agreement for Federal-Aid and State-Funded Projects.
Action: 1) Adopted Resolution No. 4137 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS,
AGREEMENT NO. 05-5199R AND MASTER AGREEMENT ADMINISTERING AGENCY-
STATE AGREEMENT FOR STATE-FUNDED PROJECTS, AGREEMENT NO. 00190S,
AND APPOINTING THE MAYOR AS THE OFFICIAL REPRESENTATIVE AUTHORIZED
TO SIGN THE MASTER AGREEMENTS"; and 2) Directed the City Clerk to submit Master
Agreement Nos. 05-5199R and 00190S, and authorizing Resolution to Caltrans.
Minutes: City Council Meeting
Tuesday, October 28, 2008
Page 3
8.f. Consideration of an Award of Contract to Woeste Electric for Construction of the Fair
Oaks Avenue/Halcyon Road Traffic Signal Upgrade Project, PW 2008-06.
Action: 1) Awarded a construction contract for the Fair Oaks Avenue/Halcyon Road Traffic
Signal Upgrade Project to Woeste Electric, Inc. in the amount of $67,624; 2) Authorized the
City Manager to approve change orders for 10% of the contract amount, $6,762.00, for
unanticipated costs during the construction phase of the project; and 3) Authorized a
transfer of $15,000 from the Traffic Signalization Fund.
8.g. Consideration of an Award of Contract to Saviano Company Inc. for Construction of
the Thies/Keisler Tennis Court Resurfacing Project, PW 2008-02.
Action: 1) Awarded a construction contract for the Thies/Keisler Tennis Court Resurfacing
Project to Saviano Company Inc. in the amount of $20,000; and 2) Authorized the City
Manager to approve change orders for 10% of the contract amount, $2,000, for
unanticipated costs during the construction phase of the project.
8.i. Consideration of Adoption of an Ordinance Amending Chapter 12.16 of Title 12 of the
Arroyo Grande Municipal Code Relating to the Community Tree Program.
Action: Adopted Ordinance No. 606 as follows: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER
12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE
COMMUNITY TREE PROGRAM".
8.j. Consideration to Authorize an Award of Bid for the Police Motorcycle Lease Program.
Action: 1) Authorized the award of bid to purchase (2) Honda ST1300 Police Motorcycles
from San Luis Motorsports of San Luis Obispo, California in the amount of $42,618.74; and
2) Authorized the award of bid to finance the motorcycles through a municipal lease from
First Star Capital of Walnut Creek, California at a rate of 5.98%.
8.k. Consideration to Authorize Participation in the Regional Narcotics Task Force.
Action: Authorized the Chief of Police to execute an agreement to facilitate the City's
participation in the San Luis Obispo Regional Narcotics Task Force and to authorize the
Chief of Police to execute non-substantive modifications to the proposed Agreement, if
approved by the City Attorney.
8.1. Consideration to Authorize an Award of Bid for Purchase of Police
Standardized Duty and Less Lethal Weapons.
Action: 1) Authorized the award of bid to purchase (34) police duty weapons to Range
Master of San Luis Obispo, California in the amount of $22,200.81; and 2) Authorized the
award of bid to purchase (14) police TASERT^^ less lethal weapons to Pro Force of Brea,
California in the amount of $12,274.07.
8.n. Consideration of East Branch Streetscape Improvement Project Plans and
Specifications; Draft Environmental Assessment/lnitial Study and Findings of No
Significant Impact (FONSI)/Negative Declaration per NEPA and CEQA; and Authorize
the Solicitation of Construction Bids to be Submitted on or Before November 20, 2008
and Awarded December 9, 2008.
Action: Considered: 1) The Draft Environmental Assessment/Initial Study and the Findings
of No Significant Impacts (FONSI)/Negative Declaration for the project pursuant to the
National Environmental Policy Act (NEPA) the California Environmental Quality Act (CEQA)
and considered for adoption prior to award of bid on December 9, 2008; 2) Conditional
approval of the East Branch Streetscape Improvement Project Plans and Specifications
prepared by RRM Design Group, subject to final action on environmental analysis; and 3)
Authorized the solicitation of construction bids to be submitted on or before November 20,
2008 for consideration and award on December 9, 2008.
Minutes: City Council Meeting
Tuesday, October 28, 2008
Page 4
8.0. Consideration of Consultant Services Agreement with the Wallace Group for
Preparation of the Castillo Del Mar Final Parcel Map.
Action: Approved and authorized the Mayor to execute a Consultant Services Agreement
with The Wallace Group for preparation of the Castillo Del Mar Final Parcel Map.
ITEMS PULLED FROM THE CONSENT AGENDA
8.h. Consideration of an Ordinance to Amend Chapter 16.04 of the Municipal Code
Revising Definitions for Floor Area and Lot Coverage and Chapter 18.08 Relating to
the Design Guidelines and Standards for Historic Districts to Modify Floor Area Ratio
(FAR), Lot Coverage, Setbacks, Building Height and Covered Parking Design Clarify
Design Features for "Spanish Eclectic" Styles Applicable to Residential Development
in the Historic Character Design Overlay District D-2.4.
Recommended Action: Direct the Director of Administrative Services to file a Notice of
Determination and adopt an Ordinance to amend Chapter 16.04 of the Municipal Code
revising definitions for "floor area" and "lot coverage" and Chapter 16.08 relating to the
"Design Guidelines and Standards for Historic Districts" to modify residential site
development standards for floor area ratio (FAR), lot coverage, setbacks, building height
and covered parking and clarify design features for "Spanish Eclectic" styles applicable to
residential development in the Historic Character Design Overlay District D-2.4
(Development Code 08-003).
Council Member Arnold requested a separate roll-call vote on this item.
Council Member Guthrie moved to adopt Ordinance No. 605 as follows: "AN ORDINANCE OF THE
CITY COUNCIL OF ARROYO GRANDE APPROVING DEVELOPMENT CODE AMENDMENT
DCA-OS-03 TO AMEND CHAPTER 16.04 OF THE MUNICIPAL CODE REVISING DEFINITIONS
FOR FLOOR AREA AND LOT COVERAGE APPLICABLE CITYWIDE AND CHAPTER 18.08
RELATING TO THE DESIGN GUIDELINES AND STANDARDS FOR HISTORIC DISTRICTS TO
MODIFY FLOOR AREA RATIO (FAR), LOT COVERAGE, SETBACK, BUILDING HEIGHT AND
COVERED PARKING PROVISIONS AND CLARIFY DESIGN FEATURES FOR "SPANISH
ECLECTIC" STYLES APPLICABLE TO RESIDENTIAL DEVELOPMENT IN THE HISTORIC
CHARACTER DESIGN OVERLAY DISTRICT D-2.4". Mayor Pro Tem Fellows seconded, and the
motion passed on the following roll-call vote:
AYES: Guthrie, Fellows, Ferrara
NOES: Arnold
ABSENT: Costello
8.m. Consideration of an Award of Contract to California Coastal Development Inc. for
Construction of the Traffic Way Streetscape Project, PW 2007-10.
Recommended Action: 1) Award a construction contract for the Traffic Way Streetscape
Project to California Coastal Development in the amount of $199,562.33; 2) Authorized the
City Manager to approve change orders for 10% of the contract amount, $19,956.00, for
unanticipated costs during the construction phase of the project; and 3) Authorize a transfer
of $34,000 from the Local Sales Tax Fund.
Minutes: City Council Meeting
Tuesday, October 28, 2008
Page 5
Council Member Guthrie indicated he had intended to pull Item 8.n. regarding the E. Branch
Streetscape Project. Brief discussion ensued regarding the scope of work as it relates to drainage
and associated bid alternates. Staff clarified that there are several alternate bid items and that the
Council would have the option of considering those alternates as well as the funding for those
alternates at a future Council meeting. Further discussion ensued regarding Mr. EI-Helou's
suggestion for the placement of a median in the center of E. Branch Street. City Manager Adams
responded that this would also be included as an alternate and could be considered as a second
phase of the project.
Council Member Guthrie moved to approve staff's recommendations for Item 8. m., Council Member
Arnold seconded, and the motion passed on the following roll-call vote:
AYES: Guthrie, Arnold, Fellows, Ferrara
NOES: None
ABSENT: Costello
9. PUBLIC HEARINGS
9.a. Consideration of Use of State 2008-09 Citizens Option for Public Safety (COPS)
Funds.
Chief of Police Annibali presented the staff report and recommended the Council approve the Chief
of Police's recommendation to utilize the FY 2008-09 COPS funds to continue the multi-year
program for the replacement and enhancement of the Police Department's radio communications
equipment; 2) Authorize the expenditure of $80,097 carried over from the City's FY 2007-08 COPS
Program; and 3) Authorize an expenditure of $51,000 from the carried over FY 2007-08 funds for
standardized duty and less lethal weapons for front line law enforcement personnel. Chief Annibali
responded to questions from Council regarding funding issues and how much additional funding is
necessary to complete the original project.
Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public
hearing.
Council comments ensued in support of the Chief's funding recommendations for the FY 2008-09
COPS funds.
Action: Council Member Guthrie moved to approve the Chief of Police's recommendation to utilize
the FY 2008-09 COPS funds to continue the multi-year program for the replacement and
enhancement of the Police Department's radio communications equipment; 2) Authorize the
expenditure of $80,097 carried over from the City's FY 2007-08 COPS Program; and 3) Authorize
an expenditure of $51,000 from the carried over FY 2007-08 funds for standardized duty and less
lethal weapons for front line law enforcement personnel. Mayor Pro Tem Fellows seconded, and
the motion passed on the following roll call vote:
AYES: Guthrie, Fellows, Arnold, Ferrara
NOES: None
ABSENT: Costello
Minutes: City Council Meeting Page 6
Tuesday, October 28, 2008
9.b. Consideration of Application for Certificate of Public Convenience and Necessity.
Chief of Police Annibali presented the staff report and recommended the Council adopt a
Resolution approving the request for a new Certificate of Public Convenience, applied for by Frank
and Deven Wek, for the operation of a taxi service within the City.
In response to a question by Mayor Pro Tem Fellows, City Attorney Carmel explained that there
was no liability to the City if the taxi service fails.
Mayor Ferrara opened the public hearing.
Deven Wek, applicant, spoke about the benefits of using hybrid vehicles as taxicabs, noting that
they are fuel efficient, roomy, and environmentally friendly.
In response to a question by Mayor Ferrara, Mr. Wek confirmed that there would be no pick-up fee
and commented that use of hybrid vehicles can allow him to be competitive with taxi rates.
In response to a question by Mayor Pro Tem Fellows, Mr. Wek clarified that there was a
typographical error in his application and that he was requesting approval to operate two taxicabs.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Council comments ensued in support of the proposed taxi service, especially with the use of hybrid
vehicles; that it would be great to have another taxi service to serve the area; and that perhaps it
would set the tone for other businesses to utilize hybrid vehicles.
Action: Council Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE GRANTING A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO "GREEN GO" TAXI FOR THE OPERATION OF A
TAXI CAB SERVICE WITHIN THE CITY LIMITS CONi1NGENT UPON FULL AND TOTAL COMPLIANCE
WITH ALL CONDITIONS AND REQUIREMENTS CHAPTER 5.72 "TAXICABS" OF THE ARROYO
GRANDE MUNICIPAL CODE". Mayor Pro Tem Fellows seconded, and the motion passed on the
following roll call vote:
AYES: Arnold, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: Costello
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
None.
Minutes: City Council Meeting Page 7
Tuesday, October 28, 2008
12. CITY COUNCIL REPORTS
a. MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). SLOCOG -Approved an amendment to the
Regional Housing Needs Assessment figures, resulting in a slight modification to the
City's housing allocation (2 units, from one income category to another), which will
not have a big impact; Will be participating in a region-wide fare study for the transit
systems; Discussed SB 375 and will be scheduling aCounty-wide workshop to
involve SLOCOG; Will also be involving SLOCOG in a case study on the Community
2050 Plan at the League's Executive Forum next year; Discussed update on Prop 1 B
transit funding; Received and reviewed SLOCOG Annual report and received an
update on the regional rideshare program. SLORTA -Received updates on the
O&M contract and process, looked at the maintenance facility; received an update on
the fleet status report; and revised the RTA's purchasing policies.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). The Plant is
operating very well; adopted a Fats, Oils, & Grease (FOG) Ordinance; approved
District staff member to serve as a representative on Zone 1/1A Advisory Board;
reviewed the District's Conflict of Interest Code; tentatively approved the Reclaimed
Water Study pending determination of participation by City of Pismo Beach and
Oceano Community Services District.
(3) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee. No report.
(4) Other. None.
b. MAYOR PRO TEM CHUCK FELLOWS:
(1) South County Youth Coalition. Attended meeting; nothing significant to report.
(2) County Water Resources Advisory Committee (WRAC). Distributed copy of
Public Works Director Spagnolo's response to the Groundwater Replenishment
System video on the joint project in Orange County (on file in the City Clerk's office);
issued reminder that prescription drugs should not be flushed down the toilet due to
negative effects to aquatic wildlife and stated they should be disposed of in the trash;
discussed a resurfaced 50-100 unit Planned Unit Development project at Laetitia
Winery located south of the City and noted that staff has been monitoring the status,
is studying the EIR, has identified 20 areas of concerns, including water supply
issues, and will be submitting a response to the County by November 8`"; discussed
Quagga mussels and noted that the WRAC was not impressed with lack of
safeguards at Lake Nacimiento which is of concern to SLO County; reported that
efforts at Lake Lopez have been successful.
(3) Other. None.
c. COUNCIL MEMBER JOE COSTELLO: (ABSENT)
(1) Zone 3 Water Advisory Board.
(2) Air Pollution Control District (APCD).
(3) Fire Oversight Committee.
(4) Other.
d. COUNCIL MEMBER JIM GUTHRIE:
(1) South County Area Transit (SCAT). Has not met since last report.
(2) California Joint Powers Insurance Authority (CJPIA). No report.
Minutes: City Council Meeting
Tuesday, October 28, 2008
Page 8
(3) Other. 1) Attended the SSLOCSD meeting as the Alternate; reported that after 10
years, the District accepted the improvements from Grover Beach for the sewer
system. 2) Attended the Zone 3 Water Advisory Board meeting as the Alternate;
reported that the Board is reviewing raising the height of the dam by three feet to
provide additional acre feet of water.
e. COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). Reported that IWMA
recommends the preferred way to dispose of prescription drugs is to take them back
to the pharmacy; reported there was a lot of discussion on the issue of disposable
shopping bags and the associated recycling expenses, and methods to address
those expenses by either implemeriting a fee/tax or banning their use in certain retail
stores.
(2) Economic Vitality Corporation (EVC). Meets tomorrow.
(3) Other.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Mayor Pro Tem Fellows mentioned that Chief Annibali had negotiated a lower lease interest rate for
the new motorcycles and thanked him for his research on the motorcycles and his efforts to reduce
costs in these tough financial times.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:02 p.m.
Tony Ferra or
ATTEST:
Kelly Wet re, 'ty Clerk
(Approved at CC Mtg I (' Z5'2oaBl