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Minutes 2011-08-23ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL /REDEVELOPMENT AGENCY TUESDAY, AUGUST 23, 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 7:02 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 Attorney Timothy Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, and Community Development Director Teresa McClish. 3. FLAG SALUTE Members representing Sea Scout Ship 413 led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. Mayor Ferrara announced that -a ribbon cutting was held prior to the meeting for the opening of the Le Point Street Parking Lot and provided a brief description of the project which resulted in a substantial increase of parking availability in the Village. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Brown moved, Council Member Costello 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: Ronny Betita, Short Street; Steve Ross, Citizens Transportation Advisory Committee (CTAC) Member; and Jeff Pinak, representing Surfrider Foundation. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public regarding Item 8.h. was Steve Ross. There were no other comments received, and the public comment period was closed. Council Member Brown requested that Item 8.k. be pulled. Mayor Pro Tem Ray requested that Item 8.n. be pulled. Minutes: City Council /Redevelopment Agency Meeting Page 2 Tuesday, August 23, 2011 Action: Council /Board Member Guthrie moved, and Council /Board Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.p., with the exception of Items 8.k., and 8.n., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinances in Items 8.o. and B.p. The motion passed on the following roll -call vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 1, 2011 through August 15, 2011. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of July 31, 2011, as required by Government Code Section 53646(b). 8.c. Consideration of Amended Citywide Appropriation Amount for the FY 2011 -12 Budget. Action: Adopted Resolution No. 4389 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FISCAL YEAR 2011 -12 OF THE FISCAL YEAR 2011 -12 & 2012 -13 BIENNIAL BUDGET, AS AMENDED, AND MAKING APPROPRIATIONS FOR THE AMOUNT BUDGETED ". 8.d. Consideration of a Resolution Altering the Safety Shoe Policy for Designated Part- time Positions. Action: Adopted Resolution No. 4390 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ALTERING THE SAFETY SHOE POLICY FOR DESIGNATED PART -TIME POSITIONS ". 8.e. Consideration of Resolutions Adopting the Governmental Accounting Standards Board (GASB) Statement No. 54. [COUNCIL/RDA] Action: City Council: Adopted Resolution No. 4391 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 THAT INCORPORATES A FUND BALANCE POLICY INCLUDING A GENERAL FUND PRUDENT RESERVE, AUTHORIZES THE DIRECTOR OF ADMINISTRATIVE SERVICES TO IMPLEMENT THE FUND BALANCE POLICY AND DELEGATES THE CITY MANAGER WITH THE AUTHORITY TO ASSIGN AMOUNTS TO BE USED FOR SPECIFIC PURPOSES PURSUANT TO GASB STATEMENT NO. 54 "; and RDA Board: Adopted Resolution No. RDA 11 -03 entitled: "A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY (RDA) BOARD ADOPTING GOVERNMENTAL ACCOUNTING STANDARDS BOARD STATEMENT NO. 54 THAT INCORPORATES A FUND BALANCE POLICY INCLUDING A GENERAL FUND PRUDENT RESERVE, AUTHORIZING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO IMPLEMENT THE FUND BALANCE POLICY AND DELEGATING TO THE AGENCY EXECUTIVE DIRECTOR THE AUTHORITY TO ASSIGN AMOUNTS TO BE USED FOR SPECIFIC PURPOSES PURSUANT TO GASB STATEMENT NO. 54 ". 8.f. Consideration of a Resolution Authorizing the Fire Station Expansion General Obligation Bond Property Tax Levy Rate. Action: Adopted Resolution No. 4392 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE STATION EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2011 -12 ". Minutes: City Council /Redevelopment Agency Meeting Page 3 Tuesday, August 23, 2011 8.g. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of August 9, 2011, as submitted. 8.h. Consideration of Resolution Consenting to Charter Communications, Inc. Assignment of Cable Franchise to CCO SoCal 1, LLC. Action: Adopted Resolution No. 4393 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO THE ASSIGNMENT OF THE CABLE FRANCHISE FROM CHARTER COMMUNICATONS TO CCO SOCAL 1, LLC". 8.i. Consideration of Temporary Use Permit 11- 015,Authorizing Closure of City Streets and Use of City Property for the 74`h Annual Arroyo Grande Valley Harvest Festival, Friday and Saturday, September 23 -24, 2011. Action: Adopted Resolution No. 4394 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 11 -015, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR 74`" ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 23 -24, 2011". 8.j. Consideration of an Award of Contract to American Asphalt South, Inc. for Construction of the 2011 Street Resurfacing Project, PW 2011 -06, and Appropriate Funds for Short Street Improvements. Action: 1) Awarded a contract for the 2011 Street Resurfacing Project to American Asphalt South, Inc in the amount of $466,251; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $46,625, for unanticipated costs during the construction phase of the project; and 3) Appropriated $140,000 from the Sales Tax Fund to the Pavement Management Fund. 8.1. Consideration of Amendment No. 2 to the Agreement for Consultant Services with GEI Consultants, Inc. for Preparation of the Northern Cities Management Area 2011 Annual Monitoring Report. Action: Approved and authorized the Mayor to execute Amendment No. 2 to the Agreement for Consultant Services with GEI Consultants, Inc. in connection with the annual groundwater monitoring report. 8.m. Consideration of Letter of Support for the Nipomo Supplemental Water Supply Project. Action: Approved a letter of support for the Nipomo Supplemental Water Supply Project to the San Luis Obispo County Board of Supervisors. 8.0. Consideration of Adoption of Ordinance Amending Chapter 10.20 of Title 10 of the Arroyo Grande Municipal Code Relating to Abandoned, Wrecked, Dismantled and Inoperative Vehicles. Action: Adopted Ordinance No. 635 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 10.20 OF TITLE 10 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO ABANDONED, WRECKED, DISMANTLED AND INOPERATIVE VEHICLES ". 8.p. Consideration of City Council Adoption of Ordinance Determining the City Will Comply with the Voluntary Alternative Redevelopment Program Pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in Order to Permit the Continued Existence and Operation of the Redevelopment Agency, and Redevelopment Agency Board Adoption of a Resolution Approving an Enforceable Obligation Payment Schedule (EOPS). [COUNCIL/RDA] Minutes: City Council /Redevelopment Agency Meeting Page 4 Tuesday, August 23, 2011 Action: City Council: Adopted Ordinance No. 636 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE; and RDA Board: Adopted Resolution No. RDA 11 -04 entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE APPROVING AND ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE, PURSUANT TO THE PROVISIONS SET FORTH IN HEALTH AND SAFETY CODE SECTION 34169 (AB 1X 26) ". ITEMS PULLED FROM THE CONSENT AGENDA 8.k. Consideration of Approval of Lease Agreement Between the City of Arroyo Grande and Mangano Homes, Inc. Regarding Public Property Located at the Corner of West Branch Street and Rodeo Drive. (MCCLISH) Recommended Action: Approve a lease with Mangano Homes, Inc. for public property located at the corner of West Branch Street and Rodeo Drive for an off -site advertising sign in a form acceptable to the City Attorney. Staff responded to questions and concerns from Council Member Brown regarding the setting of a precedent for future developers to request signs on public property. Director McClish further explained that it could potentially set a precedent; however, any issues could be controlled through a lease agreement. Action: Council Member Brown moved to approve Item 8.k. with the recommended course of action. 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.n. Consideration of Changes to Art in Public Places Program. (MCCLISH) Recommended Action: 1) Approve proposed changes to the Art in Public Places Program and Process; 2) Direct staff to prepare an Ordinance to incorporate the changes into the Municipal Code and amend the Design Guidelines and Standards for Mixed Use Districts; and 3) Direct staff to apply the changes to the process to the proposed.Hart- Collett Firefighters' Memorial Park Project. Mayor Pro Tem Ray noted she had previously requested this item be brought forth for Council discussion and a review of alternatives. She requested a continuance in order to provide public notice, encourage public comment, and stated she would like to see public art programs and policies from other cities. Brief Council discussion ensued regarding the impact on staff time considering other higher priority projects in the pipeline, and the desired format for bringing this item back to the Council. Minutes: City Council /Redevelopment Agency Meeting Page 5 Tuesday, August 23, 2011 Following discussion, the Council directed staff to bring this item back to the Council as a business item and to include alternatives for Council discussion. It was also directed that the staff report and minutes from the 2004 meeting, at which the public art program currently in place was considered, be included as an attachment to the report. No formal action was taken on this item. 9. PUBLIC HEARINGS None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 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). (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 (4) South County Library Donor Recognition Committee (5) Other (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). • Minutes: City Council /Redevelopment Agency Meeting Tuesday, August 23, 2011 13. CITY MANAGER ITEMS None. Page 6 14. COUNCIL. COMMUNICATIONS Council Member Costello commented that the outside lights on the new building across the street from the Council Chambers are flashing on and off and suggested that staff advise the property owner. Mayor Pro Tem Ray commented on the article in The Tribune newspaper on the new restaurant coming to the Village. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Garden Street, commented on Consent Agenda Item 8.o. and expressed concern about enforcement on residents who restore cars as a hobby. 17. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 8:14 p.m. ATTEST: Kelly W mor -i City Clerk/Agency Secretary (Approved at CC Mtg 9 - /3 01-011 r