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12.a. MinutesMEMORANDUM TO: ClN COLINCIL, AS SUCCESSOR AGENCY TO THE DISSOLVED ARROYOGRANDEREDEVELOPMENTAGENCY FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVICESICIN CLERK SUBJECT: CONSIDERATION OF APPROVAL OF REGULAR CITY COUNCIU REDEVELOPMENT AGENCY MINUTES OF JANUARY 10,2012 DATE: FEBRUARY 28,2012 RECOMMENDATION: Staff recommends that the City Council, acting as Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency, approve the minutes of the Regular City CouncillRedevelopment Agency meeting of January 10,201 2. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There is no impact on financial and personnel resources. BACKGROUND: On December 29, 2011, the California Supreme Court upheld the validity of AB 1x26, the bill that dissolved all redevelopment agencies in the State. On January 10, 2012, the City Council adopted Resolution No. 4420 determining that the City shall serve as the Successor Agency to the dissolved Redevelopment Agency. As of February 1, 201 2, the City's Redevelopment Agency was dissolved. ANALYSIS OF ISSUES: The City Council, acting as the Successor Agency, must approve the minutes of the last Arroyo Grande Redevelopment Agency meeting, which was held on January 10, 201 2. The minutes reflect the formal actions taken regarding dissolution of the Arroyo Grande Redevelopment Agency. These minutes were already reviewed and approved by the City Council, but must be approved separately by the Successor Agency. ALTERNATIVES: The following alternatives are provided for consideration: 1. Approve the minutes of the Regular City Council/Redevelopment Agency meeting of January 10,2012, as submitted; 2. Do not approve the minutes of the Regular City CouncillRedevelopment Agency meeting of January 10,201 2, as submitted; or 3. Provide direction to staff. Agenda Item 12.a. Page 1 ClTY COUNCIL CONSIDERATION OF APPROVAL OF REGULAR ClTY COUNCIU REDEVELOPMENT AGENCY MINUTES OF JANUARY 10,2012 FEBRUARY 28,2012 PAGE 2 ADVANTAGES: Approval of the minutes will create a permanent record of the Successor Agency regarding dissolution of the Arroyo Grande Redevelopment Agency. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, February 23, 201 1. The Agenda and report were posted on the City's website on Friday, February 24,201 1. Attachment: 1. Minutes of the Regular City Council/Redevelopment Agency Meeting of January 10,2012 Agenda Item 12.a. Page 2 ATTACHMENT 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 2. ROLL CALL Citv CouncilIRDA: CouncilIBoard Member Tim Brown. CouncilIBoard Member Joe Costello, CouncilIBoard Member Jim ~uthr/e, 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 PresentationlRecognition from Brian Sullivan, Supervisory Senior ~esident Agent, Federal ~ureau of Investigation, Santa Maria Office, regarding the Arroyo Grande Police Department and the 2011 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 Officer 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 ordihances presented at the meeting shall be read by title only and all further readings be waived. Agenda Item 12.a. Page 3 Minutes: City Council/Redevelopment Agency Regular Meeting Tuesday, January 10,2012 Page 2 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Melissa Peters, representing 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, ~rown, Ferrara NOES: None ABSENT: None Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period December 1, 201 1 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 (A 6-1600)". 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 INDEX1'. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council and the Regular City Council/Redevelopment 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 12.a. Page 4 Minutes: City Council/Redevelopment Agency Regular Meeting Tuesday, January 10, 2012 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. CONTINUED BUSINESS None. 11. NEW BUSINESS ll.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 12.a. Page 5 Minutes: City Council/Redevelopment 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 ClTY OF ARROYO GRANDE AMENDING SECTION 6.12.060 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO UNSANITARY CONDITIONS FOR ANIMALS, ANIMAL WASTE AND WATER QUALIT. 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 ClTY COUNCIL OF THE CIN OF ARROYO GRANDE, CALIFORNIA DETERMINING THAT THE ClTY 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 SAFEN 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 ClTY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA DETERMINING THAT THE CITY OF ARROYO GRANDE SHALL RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176". Council Member Brown seconded, and the motion passed on the followirlg roll call vote: AYES: Costello, Brown, Guthrie, Ray, Ferrara NOES: None ABSENT: None Agenda Item 12.a. Page 6 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 ClTY COUNCIL OF THE ClTY 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 ClTY HAS NOT FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF ANY LOAN, ADVANCE, OR INDEBTEDNESS OWED TO THE ClTY BY THE REDEVELOPMENT AGENCY OF THE ClTY 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 ClTY 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 FORGIMN 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 Tern. 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. ClTY COUNCIL MEMBER ITEMS None. Agenda Item 12.a. Page 7 Minutes: City CounciURedevelopment 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 CounciVPlanning 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. 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 Wetmote, City ClerklAgency Secretary (Approved at CC Mtg 1 Agenda Item 12.a. Page 8