08e MinutesMINUTES
SPECIAL MEETING OF THE ClTY COUNCIL
TUESDAY, JANUARY 10,2012
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL CALL:
Mayor Tony Ferrara called the special meeting to order at 6:31 p.m. Council Member Joe
Costello, Council Member Jim Guthrie, Council Member Tim Brown, Mayor Pro Tem Caren Ray,
City Manqger Steven Adams and City Attorney Timothy Carrnel were present.
2. PUBLIC COMMENT:
None.
3. ClTY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation pursuant to
Government Code Section 54956.9(a):
Name of Case: Michelle Cota vs. City of Arroyo Grande P.D., et al.
Superior Court of California, County of San Luis Obispo
Case No. CV110735
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT:
The meeting was adjourned at 7:01 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Agenda Item 8.e.Page 1
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JANUARY 10,2012
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
MayorIChair Ferrara called the Regular City CouncilIRedevelopment Agency meeting to order at
7:02 p.m.
2. ROLL CALL
City CouncilIRDA: CouncilIBoard Member Tim Brown, CouncilIBoard Member Joe Costello,
CouncilIBoard Member Jim Guthrie, Mayor Pro TemNice Chair Caren
Ray, and MayorIChair Tony Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of
Legislative and Information ServicesICity Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, Chief of Police Steve Annibali,
Community Development Director Teresa McClish, Director of Recreation
and Maintenance Services Doug Perrin.
3. FLAG SALUTE
Shirley Kathary, representing the Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
Mayor Ferrara expressed condolences regarding the recent passing of Ira Hughes, and requested the
Council adjourn the meeting tonight in his honor and memory.
5. SPECIAL PRESENTATIONS
5.a. Special PresentationIRecognition from Brian Sullivan, Supervisory Senior
Resident Agent, Federal Bureau of Investigation, Santa Maria Office, regarding the
Arroyo Grande Police Department and the 201 1 cross burning case.
On behalf of Mr. Brian Sullivan, FBI Supervisory Senior Resident, who could not be present,
Police Chief Annibali introduced and commended Detective Eric Jensen and Detective Sergeant
Beau Pryor for their work on the 201 1 cross burning case.
5.b. Promotion of Sergeant Beau Pryor to Commander and Promotion of Sr. Police
Officer Mike Smiley to Sergeant
Police Chief Annibali highlighted the educational and career backgrounds of Sergeant Pryor and
Sr. Police Ofticer Smiley, announced their promotions to Commander and Sergeant,
respectively, and pinned them with their new badges.
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.
Agenda Item 8.e.Page 2
Minutes: City Council/Redevelopment Agency Regular Meeting
Tuesday, January 10, 2012
Page 2
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Melissa Peters, representiqg the SLO County Public Health Department, provided an update on
the Tobacco Control Program and related tobacco compliance checks within the City.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. There were no comments
received and the public comment period was closed.
Action: Mayor Pro Tem Ray moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. The
motion passed on the following roll-call vote:
AYES: Ray, Guthrie, Costello, Brown, Ferrara
NOES: None
ABSENT: None
Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period December 1, 2011
through December 31,201 1.
Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as of November 30,201 1, as required by Government Code Section 53646(b).
Consideration of Resolution Accepting the Status Report on Development Impact
Fees (AB-1600).
Action: Adopted Resolution No. 4416 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING THE STATUS REPORT
ON DEVELOPMENT IMPACT FEES (AB-1600)".
Consideration of Annual Financial Report - Fiscal Year 2010-11 Receipt and Use
of Water and Sewer Capacity and Connection FeeslCharges.
Action: Received and filed the annual report of the receipt and use of water and sewer
capacity and connection fees and charges, in compliance with Government Code
Section 6601 3.
Consideration of Annual Adjustment of Development Impact Fees.
Action: Adopted Resolution No. 4417 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT
IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD
CONSTRUCTION COST INDEX".
Consideration of Annual Adjustment of Sewer Connection Fees Based on
Changes in the Engineering News Record Construction Cost Index.
Action: Adopted Resolution No. 4418 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING SEWER CONNECTION
FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION
COST INDEX".
Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council and the Regular City
CouncillRedevelopment Agency meetings of December 13,201 1, as submitted.
Consideration of Acceptance of the Construction of Reservoir 6 and Oro Booster
Station Upgrade Project, PW 2010-1 1.
Agenda Item 8.e.Page 3
Minutes: City Council/Redevelopment Agency Regular Meeting
Tuesday, January 10, 201 2
Page 3
Action: 1) Accepted the project improvements as constructed by Crosno Construction,
Inc. in accordance with the plans and specifications for the Construction of'Reservoir 6
and Oro Booster Station Upgrade Project; 2) Directed staff to file a Notice of Completion;
and 3) Authorized release of the retention, thirty-five (35) days after the Notice of
Completion has been recorded, if no liens have been filed.
8.i. Consideration of Award of Contract for Landscape Maintenance, Parkside Village
and Grace Lane Assessment Districts.
Action: 1) Awarded a contract to Earthscapes for Landscape Maintenance of areas
within the Parkside Village and Grace Lane Assessment Districts; and 2) Authorized the
Mayor to execute the contract.
9. PUBLIC HEARINGS
9.a. Consideration of the 2010 Urban Water Management Plan.
Community Development Director McClish introduced Jeff Szytel and Spencer Waterman,
Water Systems Consulting, Inc., who provided a presentation of the Urban Water Management
Plan 2010 Update and recommended the Council adopt a Resolution approving the 2010 Urban
Water Management Plan and authorizing submittal to the Department of Water Resources.
Staff and the consultants responded to questions from Council.
Mayor Ferrara opened the public hearing. There were no comments received, and the public
hearing was closed.
Action: Council Member Guthrie moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, ADOPTING AND DIRECTING
THE FILING AND IMPLEMENTATION OF THE CITY OF ARROYO GRANDE 2010 URBAN
WATER MANAGEMENT PLAN REVISION". 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
10. CON'TINUED BUSINESS
None.
11. NEW BUSINESS
a. Consideration of an Ordinance Amending Section 6.12.060 of the Arroyo Grande
Municipal Code Relating to Unsanitary Conditions, Animal Waste and Water
Quality.
Recreation and Maintenance Services Director Perrin presented the staff report and
recommended the City Council introduce an Ordinance amending Section 6.12.060 of the
Arroyo Grande Municipal Code relating to unsanitary conditions for animals, animal waste and
water quality.
Agenda Item 8.e.Page 4
Minutes: City CounciI/RedeveIopment Agency Regular Meeting
Tuesday, January 10, 201 2
Page 4
Mayor Ferrara opened the public comment period. There were no comments received, and the
public comment period 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 SECTION
6.12.060 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO UNSANITARY
CONDITIONS FOR ANIMALS, ANIMAL WASTE AND WATER QUALITY". Council Member
Brown seconded, and the motion passed on the following roll call vote:
AYES: Costello, Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: None
11 .b. Consideration of Resolutions Regarding Dissolution of the Redevelopment
Agency (RDA) and Support for SB 659 to Delay Dissolution.
[CCIRDA]
City Manager Adams presented the staff report and recommended the Citv Council: 1) Adopt a
Resolution electing to serve as the Successor Agency of the dissolved Redevelopment Agency;
2) Adopt a Resolution electing to have the City retain the "housing assets and functions" of the
dissolved RDA; and 3) Adopt a Resolution declaring the City has not forgiven any loan advance
or indebtedness repayments owed to the City by the RDA. RDA Board: Adopt a Resolution
declaring the RDA has not forgiven any loan, advance or indebtedness repayments owed to the
RDA by a public body. Staff also recommended the City Council approve formally supporting SB
659 and authorize the Mayor to send a letter on behalf of the City.
Action: Council Member Costello moved to adopt Resolution No. 4420 entitled: "A
RESOLUTION OF THE CIN COUNCIL OF THE CIN OF ARROYO GRANDE, CALIFORNIA
DETERMINING THAT THE CIN OF ARROYO GRANDE ELECTS TO, AND SHALL, SERVE
AS THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF
THE CITY OF ARROYO GRANDE PURSUANT TO HEALTH AND SAFETY CODE SECTION
34173". Council Member Guthrie seconded, and the motion passed on the following roll call
vote:
AYES: Costello, Guthrie, Brown, Ray, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA DETERMINING
THAT THE CIN OF ARROYO GRANDE SHALL RETAIN THE HOUSING ASSETS AND
FUNCTIONS OF THE DISSOLVED REDEVELOPMENT AGENCY OF THE CIN OF ARROYO
GRANDE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176". Council Member
Brown seconded, and the motion passed on the following roll call vote:
AYES: Costello, Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: None
Agenda Item 8.e.Page 5
Minutes: City Council/Redevelopment Agency Regular Meeting
Tuesday, January 10, 201 2
Page 5
Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MAKING A DECLARATION
UNDER HEALTH AND SAFETY CODE SECTION 33354.8 THAT, DURING THE PERIOD
FROM JANUARY 1, 2010, TO DECEMBER 31, 2011, THE CITY HAS NOT FORGIVEN THE
REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN, ADVANCE, OR INDEBTEDNESS
OWED TO THE CITY BY THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO
GRANDE". Council Member Brown seconded, and the motion passed on the following roll call
vote:
AYES: Costello, Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: None
Action: Agency Board Member Costello moved to adopt a Resolution entitled: "A
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE
MAKING A DECLARATION UNDER HEALTH AND SAFETY CODE SECTION 33354.8 THAT,
DURING THE PERIOD FROM JANUARY 1,2010, TO DECEMBER 31,2011, THE AGENCY
HAS NOT FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN,
ADVANCE, OR INDEBTEDNESS OWED TO THE AGENCY BY A PUBLIC BODY". Agency
Board Member Brown seconded, and the motion passed on the following roll call vote:
AYES: Costello, Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: None
Action: Mayor Ferrara moved to approve formally supporting SB 659 and authorize the Mayor
to send a letter on behalf of the City. Mayor Pro Tem Ray seconded, and the motion passed on
the following roll call vote:
AYES: Ferrara, Ray, Costello, Guthrie, Brown
NOES: None
ABSENT: None
11 .c. Consideration of Selection of Council Member Brown as Mayor Pro Tem.
Recommendation: Appoint Council Member Brown as the Mayor Pro Tem for the next one-
year period.
Action: Council Member Guthrie moved to appoint Council Member.Brown as the Mayor Pro
Tem for the next one-year period. Mayor Ferrara seconded, and the motion passed on the
following roll call vote:
AYES: Guthrie, Ferrara, Costello, Brown, Ray
NOES: None
ABSENT: None
12. CITY COUNCIL MEMBER ITEMS
None.
Agenda Item 8.e.Page 6
Minutes: City Council/Redevelopment Agency Regular Meeting
Tuesday, January 10,201 2
Page 6
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
City Manager Adams asked about the Council's availability on January 31, 2012 for a Joint City
~ouncill~lannin~ Commission meeting. Mayor Ferrara requested that staff follow up with each
Council Member individually after the meeting regarding their schedules as some did not have
their calendars available.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
MayorlChair Ferrara adjourned the meeting at 8:32 p.m. in honor of the memory of Ira Hughes.
Tony Ferrara, MayorlChair
ATTEST:
Kelly Wetmore, City ClerWAgency Secretary
(Approved at CC Mtg )
Agenda Item 8.e.Page 7
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Agenda Item 8.e.Page 8