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>)