Loading...
Minutes 2011-06-14 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 14, 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 7:01 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 Steve Annibali, Community Development Director Teresa McClish, and Assistant City Engineer Mike Linn. 3. FLAG SALUTE Victor Devens, representing Arroyo Grande Kiwanis Club, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. Mayor Ferrara recognized former City Council Member Tom Runels, who recently passed away, and requested the Council adjourn tonight's meeting in his honor and memory. 5. SPECIAL PRESENTATIONS 5.a. Honorary Mayor's Commendation Recognizing the Lions Club for receiving the "District 4 -A3 Number One Club" Award. Mayor Ferrara read and presented the Mayor's Commendation to George Stewart and members of the Lions Club. 5.b. Honorary Mayor's Commendation Recognizing Arroyo Grande High School Graduate Hunter Norton on his U.S. Military Academy/West Point Appointment. Mayor Ferrara read and presented the Mayor's Commendation to Hunter Norton. 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. Minutes: City Council Regular Meeting Page 2 Tuesday, June 14, 2011 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS The following members of the public spoke during Citizens' Input, Comments and Suggestions: Camay Arad, Chameleon's Fine Furniture; Jeff Pinak and Brad Snook, representing Surfrider Foundation. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public regarding Item 8.g. were Margaret Hennessey, Kjerstina Agne, Linda Ikeda, and Dr. Margaret Carmen. There were no other comments received, and the public comment period was closed. Mayor Ferrara requested that Items 8.e., 8.g. and 8.i. be pulled. Mayor Ferrara noted the supplemental memorandum distributed to the Council for Item 8.e. regarding modifications to the minutes of the May 26 meetings to reflect Mayor Pro Tem Ray's attendance at the May 26 Special (Closed Session) City Council meeting and her absence at the May 26 Special (Budget) City Council meeting. He also announced he would step down from voting on the minutes of the May 31s` Special Joint City Council /Planning Commission meeting /study session because of his absence due to a conflict of interest. 8.e. Consideration of Approval of Minutes. Recommended Action: Approve the minutes of the Regular City Council/ Redevelopment Agency meeting of May 24, 2011; the Special City Council meeting of May 26, 2011; the Special City Council /Redevelopment Agency meeting of May 26, 2011, and the Special Joint City Council /Planning Commission meeting /study session of May 31, 2011, as submitted. Action: Mayor Ferrara moved to approve the minutes of the Regular City Council/ Redevelopment Agency meeting of May 24, 2011, as submitted; the Special City Council meeting of May 26, 2011, as amended, and the Special City Council /Redevelopment Agency meeting of May 26, 2011, as amended. Council Member Brown seconded, and the motion passed on the following roll -call vote: AYES: Ferrara, Brown, Guthrie, Costello, Ray NOES: None ABSENT: None Mayor Ferrara stepped down from the dais. Action: Mayor Pro Tem Ray moved to approve the minutes of the Special Joint City Council /Planning Commission meeting /study session of May 31, 2011, as submitted. Council Member Brown seconded, and the motion passed on the following roll -call vote: AYES: Ray, Brown, Guthrie, Costello NOES: None ABSENT: Ferrara Mayor Ferrara returned to the dais. Minutes: City Council Regular Meeting Page 3 Tuesday, June 14, 2011 Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.m., with the exception of Items 8.e., 8.g. and 8.i., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.1. 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 16, 2011 through May 31, 2011. 8.b Consideration of Fiscal Year 2011 -12 Appropriation Limit. Recommended Action: Adopted Resolution No. 4368 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2011 -12 ". 8.c. Consideration of Approval of the City of Arroyo Grande Investment Policy. Recommended Action: Approved the City of Arroyo Grande Investment Policy. 8.d. Consideration of Confirmation of Assessments for Tracts 1158, 1769, 2310, and 2236. Recommended Action: 1) Adopted Resolution No. 4369 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A LANDSCAPING ASSESSMENT FOR TRACT 1158 "; 2) Adopted Resolution No. 4370 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A LANDSCAPING AND LIGHTING ASSESSMENT FOR TRACT 1769 "; 3) Adopted Resolution No. 4371 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT (TRACT 2310) "; and 4) Adopted Resolution No. 4372 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE GRACE LANE ASSESSMENT DISTRICT (TRACT 2236) ". 8.f. Consideration of Council Appointment to Parks and Recreation Commission. Recommended Action: Approved the recommendation of Council Member Joe Costello to appoint Roxanne Shankland to the Parks and Recreation Commission. 8.h. Consideration of Cancellation of July 26, 2011 City Council Meeting. Recommended Action: Cancelled the regularly scheduled Council meeting of July 26, 2011. 8.j. Consideration of a Resolution Accepting Improvements for Parcel Map AG 04- 0123 Located at 154 Pine Street Constructed by Robert Del Campo. Recommended Action: Adopted Resolution No. 4373 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING IMPROVEMENTS FOR PARCEL MAP AG 04 -0123 LOCATED AT 154 PINE STREET CONSTRUCTED BY ROBERT DEL CAMPO ". 8.k. Consideration of Acceptance of the Well No. 10, Phase II Rehabilitation Project, PW 2010 -02. Recommended Action: 1) Accepted the project improvements as constructed by R. Baker, Inc. in accordance with the plans and specifications for the Well No. 10, Phase 11 Project; 2) Directed staff to file a Notice of Completion; 3) Appropriated an Additional $6,000 for the project budget from the Water Availability Fund; 4) Approved a Second Minutes: City Council Regular Meeting Page 4 Tuesday, June 14, 2011 Amendment to the Agreement for Consultant Services with Garing, Taylor & Associates in the amount of $2,150; and 5) Authorized release of the retention, thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.1. Consideration of Adoption 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. Recommended Action: Adopted Ordinance No. 633 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 THE ESTABLISHMENT OF WATER EFFICIENT LANDSCAPE REQUIREMENTS ". 8.m. Consideration of a Resolution Accepting Open Space, Trails, Public Access and Slopes for Tract 2236. Recommended Action: Adopted Resolution No. 4374 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING OPEN SPACE, TRAILS, PUBLIC ACCESS AND SLOPES FOR TRACT 2236 CONSTRUCTED BY MANGANO HOMES ". ITEMS PULLED FROM THE CONSENT AGENDA 8.g. Consideration of Letter to the California Public Utilities Commission (CPUC) Regarding the SmartMeter Program. Recommendation Action: Authorize the Mayor to submit a letter to the CPUC urging approval of a Pacific Gas and Electric SmartMeter opt out program at no additional cost to the customer. Mayor Ferrara read the proposed letter to the California Public Utilities Commission and staff responded briefly to questions from Council. Patricia Wilmar, PG &E representative, also responded to questions from Council regarding the proposed opt -out fees and ongoing monthly fees. Council comments and discussion ensued with regard to the opt -out provisions, associated fees, potential health implications that have not been thoroughly researched, and whether or not this issue is within the City's jurisdiction. Action: Council Member Costello moved to authorize the Mayor to submit a letter, as proposed, to the CPUC urging approval of a Pacific Gas and Electric SmartMeter opt out program at no additional cost to the customer. Mayor Ferrara seconded, and the motion failed on the following roll call vote: AYES: Costello, Ferrara NOES: Guthrie, Brown, Ray ABSENT: None Further discussion ensued with regard to changes to the proposed letter. Recommended changes to the letter included additional language be inserted as follows: "....the customer Minutes: City Council Regular Meeting Page 5 Tuesday, June 14, 2011 should bear no initial cost for his or her decision regarding participation in the option program and that any additional costs be equitable amonq ratepayers ". Action: Council Member Guthrie moved to submit a letter to the CPUC with the recommended changes. Mayor Pro Tem Ray seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Ray, Ferrara NOES: Costello, Brown ABSENT: None 8.i. Consideration of Request from Planning Commissioners Keen and Sperow for Consecutive Absences from Planning Commission Meetings. Recommended Action: Consent to three consecutive absences by Planning Commissioners Keen and Sperow during the summer months. Mayor Ferrara cautioned staff about scheduling items when a full membership of the Commission is not present. Director McClish noted that the requests for absences do not overlap. Action: Mayor Ferrara moved to approve Item 8.i with the recommended course of action. Council Member Brown seconded, and the motion passed on the following roll -call vote: AYES: Ferrara, Brown, Guthrie, Costello, Ray NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of Development Code Amendment 11 -003; Proposed Ordinance Amending Regulations Regarding Temporary Signs; Citywide. Community Development Director McClish presented the staff report and recommended that the Council introduce an Ordinance amending portions of Chapter 16.60 of Title 16 of the Arroyo Grande Municipal Code regarding temporary banners and signs. Mayor Ferrara opened the public hearing. Speaking from the public was Patty Welsh, Pradera Court, who spoke in support and inquired whether duplicity of signs is addressed in the proposed Ordinance. There were no other comments received and the public hearing was closed. Council comments ensued in support of the proposed Ordinance, as modified, to delete Section 5 which would have prohibited commercial signs held or supported by a person. Action: Mayor Pro Tem Ray moved to introduce an Ordinance, entitled "AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 16.60 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL. CODE REGARDING TEMPORARY BANNERS AND SIGNS ", as modified to delete Section 5. Council Member Costello seconded, and the motion passed on the following roll call vote: Minutes: City Council Regular Meeting Page 6 Tuesday, June 14, 2011 AYES: Ray, Costello, Guthrie, Brown, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 8:30 p.m. The Council reconvened at 8:43 p.m. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of South San Luis Obispo County Sanitation District Presentation. City Manager Adams introduced John Wallace, South San Luis Obispo County Sanitation District Administrator, and recommended that the Council receive his presentation and communicate concerns and questions. John Wallace provided a status update of District activities and distributed a report which highlighted a number of management and operational changes that have been put into place as a result of the Notice of Violation received by the District, an internal review by the District Administrator and staff, as well as external reviews provided by third parties, including a report by the San Luis Obispo County Grand Jury. Michael Seitz, District Counsel, provided comments on the Grand Jury report and noted that the District would respond by August 2 "' Mayor Ferrara opened the public comment period. Speaking from the public were Jeff Pinak and Brad Snook, representing Surfrider Foundation. There were no other comments received, and the public comment period was closed. Council asked questions of District Administrator Wallace and District Counsel Seitz and then Council comments ensued on issues including conflict of interest, auditing practices, the District's minimal record of violations, the District's low rates, Board responsibility, updates to contracts, the Districts responses to date, the Grand Jury process, addressing public perceptions of conflict, acknowledgement that most Grand Jury report recommendations are already being addressed, the status of current operations at the plant, and clarification regarding Council Member representation on the Board and the Council's ability to provide input and recommendations to the Council representative. No formal action was taken. 12. CITY COUNCIL REPORTS The Mayor and Council Members provided brief reports from the following committee, commission, board, or other subcommittee meetings that they have attended as the City's appointed representative. (a) Mayor Ferrara: (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA). Minutes: City Council Regular Meeting Page 7 Tuesday, June 14, 2011 (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee (b) Mayor Pro Tem Ray: (1) Economic Vitality Corporation (EVC). (2) California Joint Powers Insurance Authority (CJPIA) (3) Tourism Committee (c) Council Member Costello: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (d) Council Member Guthrie: (1) South County Area Transit (SCAT) (2) Community Action Partnership (CAPSLO) (3) Homeless Services Coordinating Council (HSOC) (e) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC). 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara announced he would be attending League of California Cities Board meeting this week regarding an update on proposed legislation relating to redevelopment. 15. STAFF COMMUNICATIONS City Manager Adams provided an update on the completion of improvements at Olohan Alley and the movement of Farmer's Market back to its original location; reported that City of Grover Beach would be discussing the City's invitation for joint meeting regarding consolidation; and stated that the first 5 Cities Diversity Coalition meeting will be held on June 23, 2011. 16. COMMUNITY COMMENTS AND SUGGESTIONS John Keen, North Elm Street, commented on water pollution in the Santa Maria groundwater basin and use of chemical and diesel fuel in the oil company exploration process. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:47 p.m. in the memory of Thomas Alan Runels. Minutes: City Council Regular Meeting Page 8 Tuesday, June 14, 2011 C Pony F r , Mayor ATTEST: . 1 Kelly etm `e, City Clerk (Approved at CC Mtg `z 4400 )