Minutes 2011-05-24 MINUTES
REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, MAY 24, 2011
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor /Chair Ferrara called the Regular City Council meeting to order at 7:04 p.m.
2. ROLL CALL
City Council /RDA: Council /Board Member Joe Costello, Council /Board Member Jim Guthrie,
Council /Board Member Tim Brown, Mayor Pro TemNice Chair Caren
Ray, and Mayor /Chair Tony Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Deputy City
Clerk Kitty Norton, Community Development Director Teresa McClish,
Chief of Police Steve Annibali, Recreation and Maintenance Services
Director Doug Perrin, Administrative Services Director Angela Kraetsch,
and Associate Planner Kelly Heffernon were present.
3. FLAG SALUTE
Mayor /Chair Ferrara led the Flag Salute.
4. INVOCATION
Reverend Valerie Valle, St. Barnabas Episcopal Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring May 2011 as "Building Safety Month ".
Mayor Ferrara read and presented the Proclamation to Jonathan Hurst, City of Arroyo Grande
Building Official.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council /Board Member Brown moved, Council /Board 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, Comment and Suggestions:
Bob Lund; Aaron Henkel, S. Alpine; Patty Welsh, Pradera Court; Dr. Margaret Carmen; Barry
Hague; Kristina Agne; Jeff Pinak and Brad Snook, Surfrider Foundation.
8. CONSENT AGENDA
Mayor /Chair Ferrara invited members of the public who wished to comment on any Consent
Agenda Item to do so at this time. Speaking from the public was Nancy Underwood, Short
Street, regarding Item 8.g.
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Tuesday, May 24, 2011
Mayor /Chair Ferrara requested Item 8.d. be pulled.
Council /Board Member Guthrie requested Item 8.g.be pulled.
Action: Council /Board Member Brown moved, and Council /Board Member Guthrie seconded
the motion to approve Consent Agenda Items 8.a. through 8.i., with the exception of Items 8.d.
and 8.g., 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.
Recommended Action: Ratified the listing of cash disbursements for the period May 1,
2011 through May 15, 2011.
8.b. Consideration of Statement of Investment Deposits.
Recommended Action: Received and filed the report listing the current investment
deposits of the City, as of April 30, 2011, as required by Government Code Section
53646(b).
8.c. Consideration of Approval of Minutes.
Recommended Action: Approved the action minutes of the Special and Regular City
Council Meetings of May 10, 2011, as submitted.
8.e. Consideration of Amendment No. 1 to the Agreement with Water Systems
Consulting, Inc. for the 2010 Update to the Urban Water Management Plan.
Recommended Action: 1) Approved Amendment No. 1 to the Consultant Services
Agreement with Water Systems Consulting, Inc. in the amount of $17,920 for the 2010
Update to the Urban Water Management Plan; 2) Authorized the Mayor to sign the
amendment to the agreement with Water Systems Consulting, Inc.; and 3) Appropriated
$9,000 from the Water Fund into the Water and Sewer Master Plan project.
8.f. Consideration of an Award of Contract to Brough Construction, Inc. for the El
Camino Real Rehabilitation and Enhancement Project, PW 2008 -09.
[CC /RDA]
Recommended Action: 1) Awarded a contract for the El Camino Real Rehabilitation
and Enhancement Project to Brough Construction, Inc. in the amount of $1,900,572; 2)
Authorized the City Manager to approve change orders for approximately 15% of the
contract amount, $285,086, for unanticipated costs during the construction phase of the
project; 3) Adopted Resolution No. 4362 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM
SUPPLEMENT NO. 012 -N TO ADMINISTERING AGENCY -STATE AGREEMENT NO.
05 -5199R FOR THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT
PROJECT "; 4) Adopted Resolution No. 4363 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING PARTICIPATION IN
THE APCD /MOVER GRANT PROGRAM FOR THE EL CAMINO REAL
REHABILITATION AND ENHANCEMENT PROJECT "; 5) Adopted Resolution No.
4364 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING A FUNDING AGREEMENT BY AND BETWEEN THE CITY
AND THE ARROYO GRANDE REDEVELOPMENT AGENCY, AND MAKING THE
FINDINGS REQUIRED BY HEALTH & SAFETY CODE SECTION 33445, FOR
AGENCY FUNDING OF A PORTION OF THE EL CAMINO REAL REHABILITATION
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Tuesday, May 24, 2011
AND ENHANCEMENT PROJECT, PW 2008 -09 "; and 6) Adopted Redevelopment
Agency Resolution No. RDA 11 -02 entitled: "A RESOLUTION OF THE ARROYO
GRANDE REDEVELOPMENT AGENCY APPROVING A FUNDING AGREEMENT BY
AND BETWEEN THE AGENCY AND THE CITY OF ARROYO GRANDE, AND
MAKING THE FINDINGS REQUIRED BY HEALTH & SAFETY CODE SECTION
33445, FOR AGENCY FUNDING OF A PORTION OF THE EL CAMINO REAL
REHABILITATION AND ENHANCEMENT PROJECT, PW 2008-09".
8.h. Consideration to Authorize Chief of Police to Execute License Agreements for
Hosting Video Surveillance Cameras.
Recommended Action: Authorized the Chief of Police to execute all license
agreements for hosting video surveillance cameras.
8.i. Authorize Sole Source Procurement of Mobile Data Computer
Equipment/Software and Upgrade to PSNet Records Management
System /Computer Aided Dispatch System.
Recommended Action: Approved the procurement of Mobile Data Computers (MDC)
from Hub- Data911 and ruggedized tablets from Xplore Technology, and approve
upgrading the Executive Information Services (EIS) PSNet Records Management
System (RMS) and Computer Aided Dispatch System (CAD) along with the necessary
hardware /software /professional services for placement in police department patrol,
traffic, command and investigations vehicles.
ITEMS PULLED FROM THE CONSENT AGENDA
8.d. Consideration of a Cooperation Agreement Between the County of San Luis
Obispo and the City of Arroyo Grande for Joint Participation in the Community
Development Block Grant Program, the HOME Investment Partnerships Program,
the Emergency Shelter Grant Program, the American Dream Downpayment
Initiative Program, and the Housing Opportunities for Persons with AIDS (HOPWA)
Program for Fiscal Years 2012 through 2014.
Recommended Action: Adopt a Resolution approving the Cooperation Agreement.
Mayor Ferrara provided an update regarding the Federal budget and proposed cuts to many
programs, including the HOME Investment Partnerships program.
Action: Mayor Ferrara moved to adopt Resolution No. 4365 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE COOPERATION AGREEMENT
BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF ARROYO GRANDE
FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY
SHELTER GRANT PROGRAM, THE AMERICAN DREAM DOWNPAYMENT INITIATIVE
PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM FOR FISCAL YEARS 2012 THROUGH 2014 ". Council Member Guthrie
seconded, and the motion passed on the following roll -call vote:
AYES: Ferrara, Guthrie, Costello, Brown, Ray
NOES: None
ABSENT: None
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Tuesday, May 24, 2011
8.g. Consideration of Adoption of an Ordinance Amending Section 9.04.020 of the
Arroyo Grande Municipal Code Regarding Alcoholic Beverage Service and
Consumption In Certain Areas.
Recommended Action: 1) Adopt an Ordinance amending Section 9.04.020 of the
Arroyo Grande Municipal Code; and 2) Adopt a Resolution permitting the service and
consumption of alcohol sold on -site at Heritage Square Park in designated areas during
the 2011 Village Summer Concert Series.
In response to an inquiry by Council Member Guthrie, staff clarified the language in the
proposed Ordinance, as well as in the proposed Resolution, which would permit the service and
consumption of alcohol at Heritage Square Park in designated areas during the 2011 Centennial
Summer Concert Series. City Manager Adams explained that any future events would require
Council approval by Resolution.
Mayor Ferrara invited public comment. Speaking from the public was Nancy Underwood, Short
Street, regarding public notification for any future events that would allow the service and
consumption of alcohol at Heritage Square Park.
Mayor Ferrara requested that any future events should be placed on the Agenda as a new
business item with public notification.
City Attorney Carmel recommended a minor modification to the operative phrase of the
Resolution to state: "Consumption of alcohol shall be limited to designated areas."
Action: Council Member Guthrie moved to adopt Ordinance No. 632 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", as
modified to include language that consumption of alcohol shall be limited to designated areas.
Council Member Brown seconded, and the motion passed on the following roll -call vote:
AYES: Guthrie, Brown, Costello, Ray, Ferrara
NOES: None
ABSENT: None
Action: Council Member Guthrie moved to adopt Resolution No. 4366 entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ALLOWING
THE SERVICE AND CONSUMPTION OF ALCOHOL AT HERITAGE SQUARE PARK
DURING THE 2011 VILLAGE SUMMER CONCERT SERIES PURSUANT TO ORDINANCE
NO. 632'; as modified to include language that consumption of alcohol shall be limited to
designated areas. Council Member Brown seconded, and the motion passed on the following
roll -call vote:
AYES: Guthrie, Brown, Costello, Ray, Ferrara
NOES: None
ABSENT: None
Minutes: City Council /Redevelopment Agency Page 5
Tuesday, May 24, 2011
9. PUBLIC HEARINGS
9.a. Appeal of Planning Commission's Approval of Conditional Use Permit Case No.
11 -002 for an Interim Regional Transit Authority /South County Area Transit
( RTA/SCAT) Parking and Storage Facility Located at 800 Rodeo Drive.
Community Development Director McClish presented the staff report and recommended the
Council adopt a Resolution denying the appeal and upholding approval of Conditional Use
Permit Case No. 11 -002 for an interim RTA/SCAT parking and storage facility located at 800
Rodeo Drive.
Mayor Ferrara opened the public hearing. Speaking from the public in support of the appeal
were Bob Dockerty, appellant; Mark Vasquez; Mike Furman, Via Vaquero; and Mike Freese, Via
Vaquero. Speaking in opposition of the appeal was Ed King, representing RTA/SCAT. No
further public comments were received, and the public hearing was closed.
Action: Council Member Guthrie moved to adopt Resolution No. 4367 entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING
APPEAL AND UPHOLDING APPROVAL OF CONDITIONAL USE PERMIT CASE NO. 11 -002
FOR AN INTERIM RTA/SCAT PARKING AND STORAGE FACILITY AT 800 RODEO DRIVE"
as modified to include the addition of three (3) conditions of approval, as follows: 1) that the hours
of operation shall be from 5:00 a.m. to 10:00 p.m.; 2) that no more than eight buses shall be
located on site at any one time; and 3) that prior to commencing operation on the site, a noise
mitigation plan shall be submitted by the applicant and approved by the Community Development
Department. Mayor Pro Tem Ray seconded, and the motion passed on the following roll call
vote:
AYES: Guthrie, Ray, Brown, Costello, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called for a break at 9:06 p.m. The Council reconvened at 9:20 p.m.
9.b. Consideration of an Ordinance Amending Portions of Title 13 and Title 16 of the
Arroyo Grande Municipal Code Relating to the Establishment of Water Efficient
Landscape Requirements; Development Code Amendment Case No. 11 -002.
Associate Planner Heffernon presented the staff report and recommended the Council introduce
an Ordinance amending portions of Title 13 and Title 16 of the Arroyo Grande Municipal Code
Relating to the Establishment of Water Efficient Landscape Requirements.
Mayor Ferrara opened the public hearing. Speaking from the public and providing comments on
the proposal were Patty Welsh, Pradera Court; and Aaron Henkel, S. Alpine Street. No further
public comments were received, and the public hearing was closed.
Action: Council Member Costello moved to introduce an Ordinance entitled "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF
TITLE 13 AND TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO
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Tuesday, May 24, 2011
THE ESTABLISHMENT OF WATER EFFICIENT LANDSCAPE REQUIREMENTS ". Council
Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Brown, Ray, Ferrara
NOES: None
ABSENT: None
9.c. Consideration of Development Code Amendment 11 -003; Proposed Ordinance
Amending Regulations Regarding Temporary Signs; Citywide.
Community Development Director McClish presented the staff report and stated the Planning
Commission recommended the City Council introduce an Ordinance amending portions of
Sections 16.60.050 and 16.60.060 of Title 16 of the Arroyo Grande Municipal Code regarding
temporary banners and signs.
Mayor Ferrara opened the public hearing. Speaking from the public and providing comments on
the proposal were Patty Welsh, Pradera Court; Aaron Henkel, S. Alpine; Kristin Barneich,
Planning Commissioner; and John Keen, Planning Commissioner. No further public comments
were received, and the public hearing was closed.
Action: Council Member Guthrie moved to bring back at the next regular City Council meeting a
revised Ordinance to include the Planning Commission recommendations with the following
exception: to include a grace period program of 90 days for portable (sandwich board) signs to
be approved if they meet certain criteria as approved by the Community Development Director;
and to include two different alternatives relating to human signs for full or partial prohibition. In
addition, staff was directed to bring back in the future a revised table 16.60.040a so that it can
be simplified and put in brochure format with illustrations to include examples of appropriate and
inappropriate 'signage. Council Member Brown seconded, and the motion passed on the
following roll call vote:
AYES: Guthrie, Brown, Costello, Ray, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Police Building Site Alternatives.
Mayor Ferrara announced that he would remain at the dais until discussion began regarding the
Courtland site, at which time he would step down from the dais due to a conflict of interest.
Recommended Action: 1) Receive information regarding Police building site alternatives; 2)
Direct staff to prepare a feasibility study of co- locating the Police Station at the Corporation Yard
site; and 3) Delay selection of a preferred alternative until the feasibility of use of the
Corporation Yard is determined and the Council receives a presentation on updated project
alternatives for the East Grand Avenue and Courtland Street site.
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Tuesday, May 24, 2011
City Manager Adams and Craig Atkinson, BFGC Architects, presented the proposed building
site alternatives, with the exception of the Court land Street site.
Council questions and comments ensued regarding the proposed sites.
Mayor Ferrara stepped down from the dais for the presentation and discussion regarding the
alternative site on Court land Street due to a conflict of interest associated with his primary
residence which is located within 500 feet of the subject site.
Mayor Pro Tem Ray took over as Presiding Officer and noted that pursuant to Council policy,
the Council must vote unanimously to continue the meeting past midnight. Council Member
Guthrie moved, Mayor Pro Tem Ray seconded, and upon voice vote, with Council Member
Brown dissenting, the motion did not pass.
City Manager Adams and Craig Atkinson, BFGC Architects, presented the alternative for the
Court land Street site.
Following discussion, Council directed staff to work with the architect on a feasibility study for
use of the Corporation Yard site.
No formal action was taken on this item.
Mayor Ferrara returned to the dais.
12. CITY COUNCIL REPORTS
Council reports were tabled to the next regular meeting.
13. CITY COUNCIL MEMBER ITEMS
None.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
None.
16. STAFF COMMUNICATIONS
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS
None.
18. ADJOURNMENT
Mayor /Chair Ferrara adjourned the meeting at 12:01 a.m. to the Special Budget Meeting of
Thursday, May 26, 2011 at 6:00 p.m. in the Council Chambers, 215 E. Branch Street.
Minutes: City Council /Redevelopment Agency Page 8 1
Tuesday, May 24, 2011
Tony errara y - -r /Chair
ATTEST:
Kitty Nort Deputy City Clerk/Agency Secretary
(Approved at CC Mtg