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Minutes 2011-05-10 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 10, 2011 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:14 p.m. 2. ROLL CALL City Council: Council Member Joe Costello, Council Member Jim Guthrie, Council Member Tim Brown, Mayor Pro Tem Caren Ray, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Chief of Police Steve Annibali, Fire Chief Mike Hubert, Battalion Chief Riki Heath, Director of Recreation and Maintenance Services Doug Perrin, Associate Planner Kelly Heffernon, and Community Development Director Teresa McClish. 3. FLAG SALUTE Members of Boy Scout Troop 413 led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Mayor's Commendations Recognizing Lawanda Lyons - Pruitt, President, NAACP, Santa Maria - Lompoc Branch, and Cynthia Silverman, Regional Director, Anti - Defamation League, Santa Barbara/Tri- Counties. Mayor Ferrara read and presented the Commendations to Lawanda Lyons- Pruitt, President of the NAACP Santa Maria - Lompoc Branch and Cynthia Silverman, Regional Director, Anti - Defamation League, Santa Barbara/Tri- Counties. 5.b. Honorary Proclamation Recognizing "Municipal Clerks Week ". Mayor Ferrara read and presented the Proclamation to City Clerk Kelly Wetmore. 5.c. Presentation by Jonathan Shull, Chief Executive Officer, California Joint Powers Insurance Authority (CJPIA). Jonathan Shull, CJPIA Chief Executive Officer, gave a presentation outlining the governance structure of the California Joint Powers Insurance Authority; explained the difference between an insurance company versus a risk sharing pool, explained the City's cost allocation formulas and history (liability and worker's compensation), and responded to questions and comments from the Council. Minutes: City Council Regular Meeting Page 2 Tuesday, May 10, 2011 6. AGENDA REVIEW 6.a. 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. 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS The following members of the public spoke during Citizens' Input, Comments and Suggestions: Patty Welsh, Pradera Court; Greg McGowen, Garden Street; Emily Van Beveren, Becca Barrow, and Vincent Ketelaar, Shell Beach Elementary GATE Program students; Laura Sprague; Jeff Pinak and Brad Snook, Surfriders Foundation; and Otis Page, Myrtle Street. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was Steve Tallant regarding Item 8.d. There were no other comments received, and the public comment period was closed. Council Member Brown requested that Item 8.d. be pulled for clarification. Mayor Pro Tem Ray requested that Item 8.f. be pulled for a separate roll call vote. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.d. and 8.f., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Brown, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period April 16, 2011 through April 30, 2011. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of April 26, 2011, and the Special City Council meeting of April 30, 2011, as submitted. 8.c. Consideration to Purchase Touch Read Registers. Action: Authorized the purchase of 2,500 touch read registers in the amount of $12,500. 8.e. Consideration of Temporary Use Permit 11 -007 to Authorize the Use of City Property and to Close City Streets for the Annual Arroyo Valley Car Club Cruise Night on July 29, 2011 and the Car Show on July 30, 2011. Action: Considered the request from the Arroyo Valley Car Club and adopted Resolution No. 4356 entitled "A RESOLUTION OF APPROVING TEMPORARY USE PERMIT 11 -007; AUTHORIZING THE USE OF CITY PROPERTY AND TO CLOSE CITY STREETS FOR THE ANNUAL ARROYO VALLEY CAR CLUB CRUISE NIGHT ON JULY 29, 2011 AND CAR SHOW ON JULY 30, 2011'; and authorized the waiver of application fees. 8.g. Consideration of Approval of a Resolution Accepting a Waterline Easement and New Waterline and Abandoning an Existing Waterline Easement at Arroyo Grande Community Hospital Located at 345 South Halcyon Road. Minutes: City Council Regular Meeting Page 3 Tuesday, May 10, 2011 Action: Adopted Resolution No. 4358 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING AN EASEMENT FOR WATERLINE PURPOSES AND QUITCLAIMING AN UNUSED WATERLINE EASEMENT, BOTH LOCATED AT 345 SOUTH HALCYON ROAD AND OWNED BY CATHOLIC HEALTHCARE WEST, INC." 8.h. Consideration of Summary Vacation of a Portion of East Grand Avenue. Action: Adopted Resolution No. 4359 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING AN UNUSED PORTION OF EAST GRAND AVENUE NOT REQUIRED FOR STREET PURPOSES ". 8.i. Consideration of a Resolution Accepting the Dedication of a Public Road Easement to Enable the Extension of Castillo Del Mar. Action: Adopted Resolution No. 4360 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING AN IRROVOCABLE AND PERPETUAL OFFER TO DEDICATE A PUBLIC ROAD EASEMENT ". 8.j. Consideration of Volunteer of the Year Award and Selection Committee (ADAMS) Action: 1) Approved establishment of a "Volunteer of the Year" Award; and 2) Appointed the Mayor and Mayor Pro Tem to participate on an Ad Hoc Committee to select the Volunteer of the Year recipient. ITEMS PULLED FROM THE CONSENT AGENDA 8.d. Consideration of Adoption of an Ordinance Amending Municipal Code Sections 13.05.010- 13.05.070 Regarding Mandatory Water Conservation Measures. Recommended Action: Adopt an Ordinance amending Sections 13.05.010 - 13.05.070 of Chapter 13.05 of the Arroyo Grande Municipal Code regarding mandatory water conservation measures. Director McClish clarified that the Ordinance includes limitations on draining commercial and residential swimming pools, and that draining swimming pools is prohibited unless it is for construction purposes or for public health and safety reasons. She also clarified that the prohibition does not apply to residential spas; however, the same regulations apply for commercial spas. Council Member Brown moved to adopt Ordinance No. 631 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTIONS 13.05.010 — 13.05.070 OF CHAPTER 13.05 OF TITLE 13 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING MANDATORY WATER CONSERVATION MEASURES ". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None 8.f. Consideration of Resolution Upholding the Appeal to City Council Case No. 11- 001 and Administrative Sign Permit 10 -017; New Signs for a New Business at 911 Rancho Parkway (Five Cities Center). Recommended Action: Adopt a Resolution upholding Appeal to City Council Case No. 11 -001 and approving Administrative Sign Permit 10 -017, allowing a Petco Sign Panel on the existing tower sign in front of Phase I of the Five Cities Center. Minutes: City Council Regular Meeting Page 4 Tuesday, May 10, 2011 Action: Council Member Brown moved to adopt Resolution No. 4357 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING APPEAL TO CITY COUNCIL CASE NO. 11 -001 AND APPROVING ADMINISTRATIVE SIGN PERMIT CASE NO. 10 -017; PETCO INC.; APPLIED FOR BY DAVE PINTARD & ASSOCIATES FOR PROPERTY LOCATED AT 911 RANCHO PARKWAY (FIVE CITIES CENTER) ". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello NOES: Ray ABSENT: None ABSTAIN: Ferrara Mayor Ferrara requested that Item 11.a. be heard prior to the public hearings. The Council concurred. 11. NEW BUSINESS 11.a. Consideration of a Resolution Honoring and Respecting Diversity; 5- Cities Diversity Coalition and Diversity Planning Effort. City Manager Adams presented the staff report and recommended the Council: 1) Adopt a Resolution proclaiming honor and respect for diversity; 2) Direct staff to proceed with recommendations to initiate formation of a 5- Cities Diversity Coalition; and 3) Direct staff to work with the Coalition to establish a plan and efforts to promote an environment of understanding and acceptance, to protect civil rights, and to prevent and combat hate incidents. Mayor Ferrara opened the public comment period. Speaking from the public in support of staffs recommendations were Alice Reinheimer, Gularte Road; Otis Page, Myrtle Street; Richard Crash, Central Coast Clergy and Laity for Justice and SLO Ministerial Association; Patty Welsh, Pradera Court; Ryan Page, AGHS student; Gina Whitaker, Arroyo Grande resident; Lawanda Lyons- Pruitt, NAACP; and Abby Lassen, Anti - Defamation League. There were no other comments received, and the public comment period was closed. Council comments ensued in support of staffs recommendations as well as suggestions to include an at -large member on the Coalition, as well as a member from the Gay- Lesbian Alliance, the Central Coast Clergy & Laity for Justice, and the Filipino community. Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROCLAIMING HONOR AND RESPECT FOR DIVERSITY ". Mayor Pro Tem Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Guthrie, Brown, Ferrara NOES: None ABSENT: None Action: Council Member Guthrie moved to direct staff to proceed with recommendations to initiate formation of a 5- Cities Diversity Coalition; and direct staff to work with the Coalition to establish a plan and efforts to promote an environment of understanding and acceptance, to Minutes: City Council Regular Meeting Page 5 Tuesday, May 10, 2011 protect civil rights, and to prevent and combat hate incidents. Council Member Brown seconded, and on the following roll vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 9:10 p.m. The Council reconvened at 9:15 p.m. 9. PUBLIC HEARINGS 9.a. Consideration of a Proposed Ordinance Amending Section 9.04.020 of the Arroyo Grande Municipal Code Regarding Alcoholic Beverage Service and Consumption in Certain Areas. Director of Recreation and Maintenance Services Perrin presented the staff report and stated that, consistent with recommendations of the Parks and Recreation Commission, it was recommended the City Council introduce an Ordinance amending Section 9.04.020 of the Arroyo Grande Municipal Code to allow service and consumption of alcohol at the Heritage Square Park for events approved by Resolution of the City Council; and to further direct staff to present a Resolution at the May 24, 2011 meeting specifying the 2011 Village Summer Concerns Series as the only events authorized for service and consumption of alcohol at Heritage Square Park. Mayor Ferrara opened the public hearing. Speaking from the public were the following: Otis Page, Myrtle Street, commented on liability issues; Nancy Underwood, Short Street, stated no objections to alcohol being served in a limited capacity for summer concerts, but expressed concern about future events. There were no other comments received and the public hearing was closed. Council comments ensued in support of the proposal with modifications to both the Ordinance and the Resolution that service and consumption of alcohol sold on -site may be permitted at Heritage Square Park in designated areas and during times as specified by City Council resolution, subject to issuance of a public safety and welfare permit by the chief of police. Action: Council Member Costello moved to introduce an Ordinance, as modified, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 9.04.020 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING ALCOHOLIC BEVERAGE SERVICE AND CONSUMPTION IN CERTAIN AREAS ". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Brown, Ray, Ferrara NOES: None ABSENT: None Council directed staff to modify the Resolution to state that the Council hereby authorizes, approves, and permits the service and consumption of alcohol sold on -site at Heritage Square Park in an area clearly designated for such service and consumption during the 2011 Village Summer Concert Series, subject to the issuance of a public safety and welfare permit by the Minutes: City Council Regular Meeting Page 6 Tuesday, May 10, 2011 Chief of Police, and further directed staff to present the Resolution for adoption with adoption of the Ordinance at the May 24 meeting. 10. CONTINUED BUSINESS 10.a. Consideration of Cost Analysis of Providing Consolidated Police Services to the City of Grover Beach on a Contract Basis. Chief Annibali presented the staff report and recommended the Council direct staff to invite the City of Grover Beach to request a formal proposal for contract police services from the City of Arroyo Grande. Mayor Ferrara opened the public comment period. Speaking from the public was Otis Page, Myrtle Street. There were no other comments received and the public hearing was closed. Action: Council Member Guthrie moved to direct staff to schedule a joint City Council meeting with the City of Grover Beach to take place at a neutral location. Council Member Mayor Pro Tem Ray seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Ray, Costello, Brown, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Pro Tem Ray acknowledged Municipal Clerk's Week again and recognized City Clerk Kelly Wetmore and staff for all they do in the City Clerk's office; and she also thanked the members of the City Council as it is her one year anniversary on the Council and it has been very rewarding. Mayor Ferrara thanked Mayor Pro Tem Ray for covering meetings and events during his vacation; thanked Laura Beth Perman for her letter on recycling; and thanked Jason Matthew Crabtree for his letter on water conservation. He further reported that he had invited John Wallace to make a presentation at the June 28 meeting; acknowledged the South San Luis Obispo County Sanitation District's receipt of the formal Notice of Violation from the State Water Board; stated that some information has already been provided to the Regional Water Quality Board; and District staff is working on putting together additional information. Mayor Ferrara announced the City's Annual Volunteer Banquet to be held on May 20 and also announced that Legislative Action Days would be held in Sacramento on May 18 -19 with a follow -up League of California Cities Board Meeting on May 20 15. STAFF COMMUNICATIONS City Manager Adams reported that staff would be trying to schedule a Joint Planning Commission /City Council meeting /workshop on May 31s for the Court land site. Minutes: City Council Regular Meeting Page 7 Tuesday, May 10, 2011 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:51 p.m. Tony erry • or ATTEST: %l l ( 64 A-e— KeIIy Wet • ore, ; ty Clerk (Approved at CC Mtg 552'/ ,to 11 )