Minutes 2012-02-14 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, FEBRUARY 14, 2012
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:02 p.m.
2. ROLL CALL
City Council: Council Member Caren Ray, Council Member Joe Costello, Council
Member Jim Guthrie, Mayor Pro Tem Tim Brown, 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 of Police Steve Annibali,
Fire Chief Joel Aranaz, Battalion Chief Riki Heath, Community
Development Director Teresa McClish, and Director of Recreation and
Maintenance Services Doug Perrin.
3. FLAG SALUTE
Members of the Cub Scout, Pack 13, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. , Honorary Proclamation Recognizing February 25, 2012 as "Spay Day USA"
Mayor Ferrara read and presented an Honorary Proclamation recognizing February 25, 2012 as
"Spay Day USA" to Mary Buehner Kemper, representing Central Coast Feline Network.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Mayor Pro Tem Brown moved, Council Member Ray 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
None. '
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 Brown moved, and Council Member Ray seconded the motion to
approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action.
City Attorney Carmel read the full title of the Ordinance in Item 8.c. The motion passed on the
following roll-call vote:
Minutes: City Council Regular Meeting Page 2
Tuesday, February 14, 2012
AYES: Brown, Ray, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period January 16, 2012
through January 31, 2012.
8.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special City Council meeting of January 24, 2012
and the Regular City Council/Redevelopment Agency meeting of January 24, 2012, as
submitted.
8.c. Consideration of an Ordinance Amending Section 16.20.140 of the Municipal Code
Establishing a Mandatory Time Interval Between Lot Line Adjustments.
Action: Adopted Ordinance No. 643 entitled: "AN ORD/NANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 16.20.140 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARD/NG LOT LINE
ADJUSTMENTS".
8.d. Consideration of a Fifth Amendment to the Agreement with North Coast
Engineering and a First Amendment to the Agreement with Terry Paris Inspection
Services for the EI Camino Real Rehabilitation and Enhancement Project, PW
2008-09. •
Action: 1) Approved a Fifth Amendment to the Agreement for Consultant Services with
North Coast Engineering to increase the "not to exceed" amount by $15,000 to perform
additional construction surveying and construction support for the EI Camino Real
Rehabilitation and Enhancement Project; 2) Approved a First Amendment to the
Agreement for Consultant Services with Terry Paris Inspection Services to increase the
"not to exceed" amount by $19,500 to perform additional field inspection for the EI
Camino Real Rehabilitation and Enhancement Project; and 3) Authorized the Mayor to
execute the amendments.
8.e. Consideration of a Resolution Authorizing Submittal of a Grant Application to
Fund a General Plan Update through the Sustainable Communities Planning Grant
and Incentives Program Under Proposition 84.
Action: Adopted Resolution No. 4427 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHOR/Z/NG THE SUBMITTAL OF
A GRANT APPLICATION TO FUND A SUSTA/NABLE COMMUNITY
PERFORMANCE INDEX, GENERAL PLAN UPDATE AND E. GRAND AVENUE
CORRIDOR PLAN THROUGH PROPOSITION 84 FUNDING GRANTS FROM THE
STRATEGIC GROWTH COUNCIL'S SUSTAINABLE COMMUNITIES PLANN/NG
GRANT AND/NCENTIVES PROGRAM".
8.f. Consideration of Authorization to Use City Property and Close City Streets for the
Annual Arroyo Grande Strawberry Festival and Stampede on May 26 and 27, 2012;
Temporary Use Permit No. 12-001.
Action: Adopted Resolution No. 4428 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZ/NG THE USE OF CITY
PROPERTY AND CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO
GRANDE STRAWBERRY FESTIVAL AND STAMPEDE ON MAY 26 AND 27, 2012;
TEMPORARY USE PERMIT NO. 12-001".
Minutes: City Council Regular Meeting Page 3
Tuesday, February 14, 2012
8.g. Consideration of Program Supplement Agreement No. 014-N to Administering
Agency-State Agreement No. 05-5799-R and a Second Amendment to Wallace
Group Consultant Services Agreement for the Castillo Del Mar Bike Path Project,
PW 2011-05.
Action: 1) Adopted Resolution 4429 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM
SUPPLEMENT NO. 014N TO ADM/NISTERING AGENCY-STATE AGREEMENT NO.
05-5199R FOR CONSTRUCTION OF THE CASTILLO DEL MAR BIKE PATH
PROJECT; 2) Approved Amendment No. 2 to Wallace Group Consultant Services
Agreement extending the date of the agreement; and 3) Authorized the Mayor to
execute the amendment.
8.h. Consideration of Enrollment in the California Water/Wastewater Agency Response
Network (Cal-Warn).
Action: 1) Authorized enrollment in Cal-Warn; 2) Designated the City Manager to be the
Authorized Official to sign the 2007 Omnibus Mutual Assistance Agreement; and 3)
Appointed the City Manager as the Authorized Representative Emergency Contact.
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
10.a. Consideration of Police Station Site Alternatives, Conceptual Plan and Bond
Measure for June 5, 2012 Election.
City Manager Adams, Chief Annibali, Community Development Director McClish, and
Consultant Craig Atkinson presented the staff report and recommended the Council: 1) Select
the City-owned parcel at West Branch Street and Old Ranch Road and proposed site plan as
the preferred site and proposed project concept for the Police Station project; 2) Adopt an
Ordinance calling and giving notice of a Special Municipal Election on the proposition of whether
bonds shall be issued and sold to finance a new police station and refinance the City's 2003 fire
station bonds; ordering the submission of a bond measure; and establishing specifications for
the election order; 3) Adopt a Resolution approving the tax rate statement; 4) Adopt a
Resolution requesting consolidation of the Special Municipal Election with the Statewide
Primary Election; 5) Adopt a Resolution setting priorities for filing written arguments regarding
the measure and directing the City Attorney to prepare an impartial analysis, 6) Adopt a
Resolution providing for the filing of rebuttal arguments; 7) Approve the argument in favor of the
bond measure; 8) Authorize use of $30,000 from the Capital Improvement Project account for
the election and public education efforts; 9) Approve the Second Amendment to the Lease
Agreement with the 5 Cities Community Service Foundation and 10) Approve a Memorandum of
Understanding with the Foundation regarding amendment of Development Agreement 09-002.
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 select the City-owned parcel at West Branch Street
and Old Ranch Road and proposed site plan as the preferred site and proposed project concept
Minutes: City Council Regular Meeting Page 4
Tuesday, Fe6ruary 14, 2012
for the Police Station project. Mayor Pro Tem Brown seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to adopt an Ordinance entitled: "AN ORD/NANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORN/A, CALLING
AND GIV/NG NOTICE OF A SPEC/AL MUNICIPAL ELECTION ON THE PROPOSITION OF
WHETHER BONDS SHALL BE ISSUED AND SOLD TO FINANCE A NEW POLICE STATION
AND REFINANCE THE CITY'S 2003 FIRE STATION BONDS, AND ORDER/NG THE
SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY AT A
CONSOLIDATED SPECIAL MUNICIPAL ELECTION AND ESTABLISHING
SPEClF1CATIONS FOR THE ELECTION ORDER". Council Member Ray seconded, and the
motion passed on the following roll call vote:
AYES: Costello, Ray, Guthrie, Brown, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to approve staff recommendations 3 through 10, as
follows: 3) adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE APPROV/NG THE TAX RATE STATEMENT TO BE MAILED
TO VOTERS IN THE CITY OF ARROYO GRANDE PURSUANT TO SECTION 9401 OF THE
ELECTIONS CODE (JUNE 5, 2012, BOND ELECTION)"; 4) adopt a Resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO
TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 2012,
WITH THE STATEW/DE PR/MARY ELECTION TO BE HELD ON THE DATE PURSUANT TO
§10403 OF THE ELECTIONS CODE"; 5) adopted a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORN/A, SETTING
PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND
D/RECTING THE CITY ATTORNEY TO PREPARE AN /MPARTIAL ANALYSIS"; 6) Adopt a
Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, PROVID/NG FOR THE FILING OF REBUTTAL ARGUMENTS FOR
CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS"; 7) Approve the argument in
favor of the bond measure; 8) Authorize use of $30,000 from the Capital Improvement Project
account for the election and public education efforts; 9) Approve the Second Amendment to the
Lease Agreement with the 5 Cities Community Service Foundation, and 10) Approve a
Memorandum of Understanding with the Foundation regarding amendment of Development
Agreement 09-002. Council Member Guthrie seconded, and the motion passed on the following
roll call vote:
AYES: Costello, Guthrie, Ray, Brown, Ferrara
NOES: None
ABSENT: None
Minutes: City Council Regular Meeting Page 5
Tuesday, February 14, 2012
10.b. Consideration of Placing a Measure on the Ballot at the June 5, 2012 Election to
Authorize Purchase of State Water.
City Manager Adams presented the staff report and recommended the Council: 1) Adopt a
Resolution calling for the holding of a special municipal election to be held on Tuesday, June 5,
2012, for the submission to the voters of a question relating to the authority to purchase water
from the California State Water Project; 2) Adopt Resolution requesting consolidation of the
Special Municipal Election with the Statewide Primary Election; 3) Adopt a Resolution setting
priorities for filing written arguments for City measures and directing the City Attorney to prepare
an impartial analysis; 4) Adopt a Resolution providing for the filing of rebuttal arguments; 5)
� Approve the ballot argument in support of the measure; and 6) Appropriate $35,000 from the
Water Availability Fund for the estimated cost of placing the measure on the ballot and
preparing and distributing public education materials.
Mayor Ferrara opened the public comment period. There were no comments received, and the
public comment period was closed.
Council and staff discussion ensued regarding concerns with the timing of the ballot measure in
June in conjunction with the police station bond measure; that a more thorough analysis of the
water issue is needed along with public workshops; that the purchase of State water would
result in added cost to new development; that capital costs are uncertain; that residents should
not pay for future development; and that purchasing State water is not cheaper than buying from
other sources. There was consensus for delaying this item and bringing it back to Council at a
later date for consideration on the November ballot. Council Member Brown stated he would not
support placing this proposed measure on any future ballot.
Action: Council Member Guthrie moved to continue this item to a May or June meeting to
review the potential for putting the measure on the November ballot after a thorough analysis of
alternative water sources and capital costs. Council Member Costello seconded, and the
motion passed on the foliowing roll call vote:
AYES: Guthrie, Costello, Ray, Ferrara
NOES: Brown
ABSENT: None
Mayor Ferrara called for a break at 9:45 pm. The Council reconvened at 9:50 pm.
11. NEW BUSINESS
11.a. Discussion and Recommendation Regarding Formation of a Fire Protection
District Adoption of a Fire Suppression Benefit Assessment by the Five Cities Fire
Authority.
Battalion Fire Chief Heath presented the staff report and recommended the Council: 1) Discuss
and provide a recommendation to the Five Cities Fire Authority Board of Directors with regard to
formation of a fire protection district and adoption of a fire suppression benefit assessment; and
2) Provide direction to the Council/Board representative to communicate the City's
recommendations at the next Authority Board meeting on February 24, 2012.
Minutes: City Council Regular Meeting Page 6
Tuesday, February 14, 2012
Mayor Ferrara opened the public comment period. There were no comments received, and the
public comment period was closed.
Council comments ensued with concerns expressed about both the timing and reasons for this
proposal; that more background information is needed; concerns about the concept of forming
an assessment district through the Proposition 218 protest hearing process; that raising taxes in
this economy is difficult; end potential cost impacts to move into a separate political subdivision.
Council Member Costello noted that a long term revenue stream is the goal for equipment
replacement as there is currently no funding mechanism in place for replacement of capital
equipment.
Chief Aranaz commented that moving toward a district would enhance service delivery to the
community and gain a long term financial source. He acknowledged the need to take time to
educate the residents to show the beneflts of forming a District.
No formal action was taken on this item.
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Council Member Ray commented on a project she worked on through the Brighten A Corner
organization to benefit Ira Hughes' widow. She also commented on all the recent activity in the
Village, including the opening of Rooster Creek restaurant; and that is was nice to see all the
parking lots full.
In response to an inquiry by Council Member Costello, staff reported that solar panels were
being installed on the roof of the Wal-Mart building.
Mayor Ferrara reported on his attendance at a recent League of California Cities Board
meeting.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:20 p.m.
� Minuies: City Council Regular Meeting Page 7
Tuesday, February 14, 2012
Tony Ferr , yor/Chair
ATTEST:
Kelly W or City Clerk
(Approved at CC Mtg 3 '/3'a0��1