Minutes 2010-01-26 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 26, 2010
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Member Chuck Fellows, Council Member Ed Arnold, Council
Member Joe Costello, Mayor Pro Tem Jim Guthrie, and Mayor Tony
Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, Chief of Police Steve Annibali,
Commander Gearhart, Commander Hough, Battalion Chief Riki Heath,
Building Official Johnathan Hurst, and Community Development Director
Teresa McClish.
3. FLAG SALUTE
John Murray, Arroyo Grande Lions Club, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Costello moved, Council Member Fellows 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
Jim Dickens, Branch Mill Road, former Council Member, spoke of the importance of the public
trust in its elected officials and the public's expectation that elected officials will commit the
necessary time and energy to serve the best interests of the City. He encouraged any Council
Member who could not provide focus on their elected duties and who have lost the public's trust
due to poor choices to do the right thing and resign.
Bob Lund, representing Arroyo Grande In Bloom, invited members of the public to view the
completion of a fire resistant demonstration garden at the Fire Station on Traffic Way and spoke
of the benefits of such a garden. He also spoke on behalf of the Arroyo Grande Village
Improvement Association (VIA) in response to some opposition expressed about the Short
Street issue, and stated that the Board of Directors supports the proposed project to improve
the community, assist in better economic development of the community, and that it would add
a lot of beauty. He encouraged people to attend a VIA meeting on Thursday morning at Branch
Street Deli to hear more details about the project.
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Tuesday, January 26, 2010
Patty Welsh, Cordero Court, said that the people of the United States are to presume the
accused innocent until proven guilty; that elected officials are held to a higher code of ethics
than the citizens that elected them to office; and that the City has the right to vacate a Council
seat if they are found guilty of a felony.
Tim Moore, Fair Oaks Avenue, spoke in opposition to Centennial Plaza and the closure of Short
Street, expressing concern about additional park maintenance, high costs of the project, and
giving away public property for restaurant seating.
Manetta Bennett, Allen Street, opposed the closure of Short Street; spoke of its history and
stated it is a vital part of the City; referred to Farmer's Market and stated it needs to remain
where it was originally located.
Ira Hughes, Canyon Way, Village business owner, and Chair of the Downtown Parking Advisory
Board, referred to an upcoming VIA meeting where a discussion would be held regarding Short
Street and the proposed Centennial Plaza; stated he has served the City for 30 years and wants
to improve businesses; does not care about more beautification efforts; and opposed closure of
Short Street.
Manetta Bennett, Allen Street, stated that the Arroyo Grande City Council meeting was not
advertised in The Tribune.
Camay Arad, Village business owner, referred to the picture in The Tribune of the Short Street
closure and expressed concern about the closure as it relates to flexibility for emergency and
public access.
8. CONSENT AGENDA
Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda
Item to do so at this time.
Ira Hughes, Canyon Way, referred to Items 8.c. (Annual Adjustment of Development Impact
Fees), 8.d. (Annual Adjustment of Sewer Connection Fees), and 8.f. (Designation of Assistant
City Attorney and expressed concern about the proposed fee increases since the cost of living
is going down and inquired about the financial impacts associated with Item 8.f.
Hearing no further comments, Mayor Ferrara closed the public comment period.
Mayor Ferrara requested Item 8.g. be pulled for a brief presentation and Mayor Pro Tem Guthrie
pulled Item 8.f. for an explanation.
Action: Council Member Arnold moved, and Mayor Pro Tem Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.f. and 8.g., with
the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in
Item 8.j. The motion passed on the following roll -call vote:
AYES: Arnold, Guthrie, Costello, Fellows, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period January 1, 2010 through
January 15, 2010.
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Tuesday, January 26, 2010
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of December 31,
2009.
8.c. Consideration of Annual Adjustment of Development Impact Fees.
Action: Adopted Resolution No. 4244 as follows: "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 ".
8.d. Consideration of Annual Adjustment of Sewer Connection Fees.
Action: Adopted Resolution No. 4245 as follows: "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 ".
8.e. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of January 12, 2010,
as submitted.
8.h. Consideration of Recommendations Involving Efforts to Locate a Homeless
Facility in the South County.
Action: 1) Appointed Mayor Pro Tem Guthrie to the San Luis Obispo County
Community Foundation Klaproad Initiative Task Team; and 2) Authorized the City
Manager to submit a letter on behalf of the City to Assemblyman Blakeslee requesting
State legislation to enable the City to spend Redevelopment Agency Affordable Housing
Set Aside funds outside the City limits for the purpose of constructing a regional
homeless shelter.
8.i. Consideration of Acceptance of Public Improvements and Easements for Tract
2792 and the Quitclaim of a Sanitary Sewer Easement.
Action: 1) Adopted Resolution No. 4247 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND
IMPROVEMENTS FOR TRACT 2792 CONSTRUCTED BY CENTRAL COAST REAL
ESTATE DEVELOPMENT; and 2) Adopted Resolution No. 4248 as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
APPROVING THE QUITCLAIM OF A SANITARY SEWER EASEMENT /N TRACT
2792.
8.j. Consideration of Adoption of an Ordinance Providing Time Extension
Opportunities to Land Use Entitlements Consistent with State Legislative Action.
Action: Adopted Ordinance No. 619 as follows: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE EXTENDING CERTAIN
DISCRETIONARY APPROVALS ACCOMPANYING SUBDIVISION MAPS
CONSISTENT WITH ASSEMBLY BILL 333 ".
ITEMS PULLED FROM THE CONSENT AGENDA
8.f. Consideration of Designation of Assistant City Attorney.
Recommended Action: Approve designation of David Hirsch as Assistant City Attorney
under the existing Legal Services Agreement with Carmel & Naccasha, LLP.
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Tuesday, January 26, 2010
Mayor Pro Tem Guthrie referred to the staff report which states there is no financial impact from the
proposed action and that any work performed by the Assistant City Attorney would be work that would
otherwise have been performed by the City Attorney and such work would be within amounts already
budgeted for legal services.
Action: Mayor Pro Tem Guthrie moved, and Council Member Fellows seconded the motion to
approve Item 8.f. with the recommended course of action. The motion passed on the following
roll -call vote:
AYES: Guthrie, Fellows, Costello, Arnold, Ferrara
NOES: None
ABSENT: None
8.g. Consideration of a Resolution in Support of the Local Taxpayer, Public Safety and
Transportation Act of 2010.
Recommended Action: Adopt a Resolution in support of the Local Taxpayer, Public
Safety and Transportation Act of 2010.
David Mullinax, representing League of California Cities, provided background on the Local
Taxpayer, Public Safety and Transportation Protection Act of 2010 for potential placement on
California's November 2010 Statewide Election ballot.
Action: Mayor Ferrara moved, and Council Member Arnold seconded the motion to approve
Item 8.g., with the recommended course of action. The motion passed on the following roll -call
vote:
AYES: Ferrara, Arnold, Costello, Fellows, Guthrie
NOES: None
ABSENT: None
9. PUBLIC HEARINGS:
None.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration to Approve Construction Plans and Specifications and
Environmental Exemption for the Tally Ho Road Sidewalk Project, PW 2009 -07
(continued).
Council Member Fellows declared a conflict of interest due to ownership of real property near
the project and stepped down from the dais.
Assistant City Engineer Mike Linn presented the staff report and recommended the Council: 1)
Approve the construction plans and specifications for the Tally Ho Road Sidewalk Improvement
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Tuesday, January 26, 2010
Project, PW 2009 -07; 2) Find that the subject project is categorically exempt from CEQA
pursuant to Section 15301(c); and 3) Direct the City Clerk to file a Notice of Exemption.
Council questions and comments ensued regarding the width of Tally Ho Road; cost estimates
and contingencies; clarification of sidewalk issues; clarification of funding sources; that a new
speed survey has not been conducted in this location; clarification regarding the traffic
monitoring standard for speed surveys and setting speed limits; and an estimate of future speed
limits in this area.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter.
Chuck Fellows, Canyon Way, spoke in support of the project including the alternative to
incorporate a crosswalk and stops signs at Tally Ho and James Way to enhance pedestrian
access and safety and reduce the speed of traffic on Tally Ho Road.
Lisa Sperow, Canyon Way, spoke in support of the project including the sidewalks, crosswalks
and stop signs.
Ron Freeman, Tally Ho Road, expressed appreciation for work on the Tally Ho project; stated
that while he did not personally want the stop signs, he acknowledged it would help to slow
traffic on Tally Ho Road.
Lori -Jill Virniq, James Way, spoke on behalf of Kristen Barneich, Canyon Way, and read a
prepared statement in support of the project and alternative to incorporate a crosswalk and stop
sign where Tally Ho meets James Way. She further expressed her own support of the project
noting that children and students should be encouraged to walk and there should be a safe
route available.
Ira Hughes, Canyon Way, spoke in support of the Traffic Commission's recommendation;
referred to the deteriorating condition of the Silver Maple tree which needs to be removed or
replaced and opposed the proposed sidewalk bulb -out to accommodate the tree; and referred to
other areas along Tally Ho that need to be improved and developed. He noted that some of
these areas already provide bulb -outs that provide a natural slowing of traffic; and that there are
some areas of Tally Ho that should have red curbs and no parking.
Jim Vargo, Tally Ho Road, referred to the south end of Tally Ho Road and did not believe a
double yellow line and white fog line would meet the required criteria for the curve;
recommended no parking in this location along the curve; spoke in support of the project; did
not agree with the stop signs and crosswalks originally but does not want the speed limit to
increase; and wants an enforceable speed limit on Tally Ho Road.
Hearing no further comments, Mayor Ferrara closed the public comment period.
Council comments ensued in support of the project with the alternative to include the crosswalk
and stop signs; providing pedestrian safety on Tally Ho and the importance of completing
sidewalk segments; that further review of the condition of the Silver Maple tree may be required
and if removed, would eliminate the need for a bulb out; support for digital speed limit devices; a
suggestion that there be future review by the Traffic Commission of the width of Tally Ho Road
as it gets closer to the Village to determine if no parking and red curbs are appropriate; that the
purpose of stop signs is not to calm traffic, but to provide traffic movement control; and
clarification regarding funding sources for the project.
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Tuesday, January 26, 2010
Action: Council Member Costello moved to: 1) approve the plans and specifications for the
Tally Ho Road Sidewalk Improvement project based upon the Traffic Commission's
recommendations, including the incorporation of a crosswalk on Tally Ho Road at the westem
leg of the intersection with James Way, and stop bar assemblies on Tally Ho Road at the
western and eastern legs of the intersection with James Way; 2) Find that the subject project is
categorically exempt from CEQA pursuant to Section 15301(c); 3) Direct the City Clerk to file a
Notice of Exemption; and 4) Direct staff to look at the issues discussed regarding Tally Ho as it
approaches Le Point Street. Mayor Pro Tem Guthrie seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Guthrie, Arnold, Ferrara
NOES: None
ABSENT: Fellows
Mayor Ferrara called for a break at 8:34 p.m. The Council reconvened at 8:44 p.m.
Council Member Fellows returned and took his place at the dais.
11.b. Consideration of Police Station Bond Measure for June 8, 2010 Election.
City Manager Adams presented the staff report and recommended the Council: 1) Adopt a
Resolution determining the need for a new police station facility; 2) Introduce an Ordinance
calling and giving notice of a special election on the proposition of the issuance of bonds for
construction of a new police station and refinancing of the 2003 fire station bonds; and 3)
Review and provide comments regarding the proposed ballot argument and tax rate statement.
He noted that Alan Miller, Financial Advisor; Stan Wolcott, Bond Counsel; and Police Chief
Annibali were present to answer questions.
Council questions and comments ensued regarding the survey and its results; that previous
concerns had been expressed about the exterior design; that the architect has completed
alternative designs which have been reviewed by the Architectural Review Committee and
Planning Commission; the original fire station bond amount; how much funding is required to
retire the fire station bond; the cost to reissue the bond; and the need for a local emergency
operations center which is required in each jurisdiction by law.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter. No public comments were received.
Council comments ensued in support of the proposed police station bond measure for the June
8, 2010 Election; support for providing enhanced safety of the City's residents; that an updated
police facility is needed as the current facility is inadequate; that the survey results were
favorable for the project; that the project is cost effective; support for the proposed ballot
argument; that the City is challenged by the state of the economy and budget constraints and
that this is a good strategy.
Action: Mayor Pro Guthrie moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING THE NEED FOR A
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Tuesday, January 26, 2010
NEW POLICE STATION FACILITY AND A REFINANCING OF THE FIRE STATION BONDS ".
Council Member Costello seconded, and the motion passed on the following roll call vote:
AYES: Guthrie, Costello, Arnold, Fellows, Ferrara
NOES: None
ABSENT: None
Action: Mayor Pro Guthrie moved to introduce an Ordinance as follows: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, 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, AND ORDERING THE
SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY AT A
CONSOLIDATED SPECIAL MUNICIPAL ELECTION AND ESTABLISHING
SPECIFICATIONS FOR THE ELECTION ORDER ". Council Member Costello seconded, and
the motion passed on the following roll call vote:
AYES: Guthrie, Costello, Arnold, Fellows, Ferrara
NOES: None
ABSENT: None
12. CITY COUNCIL REPORTS
a. MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional
Transit Authority (SLOCOG /SLORTA). The Board approved $7+ million
funding for the Caltrans median enhancement project in South County; the scope
of work is undetermined and public workshops will be held to seek input on the
proposed plan and potential impacts; encouraged,members of the public and the
Council to attend.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). 1)
Experienced incident at the Sanitation Plant with the chlorinator; however, it was
not a sewage spill as was originally reported in the media; there was a
precautionary closure of the beach and testing ensued which came out negative
and everything is fixed now. 2) The co- generation unit is now in use where
methane gas is channeled to provide electricity and heat to the boilers resulting
in a substantial amount of electricity as well as natural for operation of the Plant;
a dedication ceremony will take place at noon on February 3r and members of
Council and staff were invited to attend.
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee. Reported there
is a promising alternative for this project; will be meeting with consultant and
Caltrans to review and will present to Council in the future.
(4) Other. None.
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Tuesday, January 26, 2010
b. MAYOR PRO TEM JIM GUTHRIE:
(1) South County Area Transit (SCAT). Ridership is down 8% due to the economy;
due to fee schedule changes, revenues have remained flat; however, the State
will be taking the STA funds; will be applying for Federal grant to replace lost
funds to avoid budget cuts and continue operating.
(2) Community Action Partnership. Missed last meeting; however, reviewed the
minutes which indicated that SLOCAP is looking to significantly expand by
offering services in the San Diego County area.
(3) California Joint Powers Insurance Authority (CJPIA). No report.
(4) Homeless Services Coordinating Council (HSOC). Reported on the proposed
Homeless Campus in San Luis Obispo County near Prado Road which would
require a waiver from the Airport District; the Campus would include 150 beds
and offer many social services.
(5) Tourism Committee. Has not met during the past month; no report.
(6) Other. Attended the EVC meeting as the Alternate and reviewed a strategic
economic development plan to expand business; action committees will need to
be formed to implement the plan.
c. MAYOR PRO TEM JOE COSTELLO:
(1) Zone 3 Water Advisory Board. Met last week; however, not able to attend due
to surgery.
(2) Air Pollution Control District (APCD). Meets tomorrow to elect a Chair; the
District remains financially stable.
(3) Fire Oversight Committee. Next meeting has been postponed to February 19
Other. None.
d. COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). Did not meet in
January; no report.
(2) Economic Vitality Corporation (EVC). Mayor Pro Tem Guthrie attended as the
Alternate and provided a report.
(3) Other. None.
e. MAYOR PRO TEM CHUCK FELLOWS:
(1) County Water Resources Advisory Committee (WRAC). 1) Lopez is at 55%
capacity; 2) As of January 6' there is no update on the saltwater intrusion issue,
however, some tests have been performed; 3) Provided updated report on boats
entering Lopez and being inspected for invasive mussels — none identified to
date; 4) Reported that on December 1 the City of Paso Robles adopted a water
efficiency landscape ordinance to reduce outdoor use; and 5) Provided
brochures to staff regarding irrigation system evaluations which a free service
provided to communities by the Cachuma Resource Conservation District.
(2) Other. None.
Mayor Ferrara noted that there had been some inquiries about committee reassignments on the
IWMA and EVC and requested that staff follow -up on the matter and bring the item back to
Council at a future date for consideration.
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Tuesday, January 26, 2010
13. CITY COUNCIL MEMBER ITEMS:
a) Request for input regarding submittal of a letter of interest to the Kagoshima
Prefecture in Japan to identify a potential Sister City for Arroyo Grande.
Mayor Ferrara requested, and the Council concurred, to provide direction to staff to submit a
letter of interest regarding the creation of a potential Sister City relationship with Kagoshima
Prefecture, a Japanese community.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Fellows noted that there was a local couple who is interested in moving and
restoring the Stilwell house within the Village.
Mayor Ferrara referred to informational materials received from the California Department of
Food and Agriculture regarding an eradication project against the Light Brown Apple Moth. He
noted that the eradication zone boundaries are near Arroyo Grande; however, they are outside
of the City limits. He requested the Council take a look at the material and be aware of the
issue.
16. STAFF COMMUNICATIONS:
City Manager Adams provided an update on the recent storm activities and noted that there
were some maintenance worker shift changes to provide 24 -hour coverage during the storm.
City Manager Adams reported that a brochure had been prepared for the City's Green Corridor
in an effort to attract green businesses to the City.
City Manager Adams referred to the special event banner location in the Village and stated
there had been some damage to one of the buildings; therefore, the property owner does not
want to continue hanging banners in this location.
In response to the storm report, Council Member Fellows stated he had visited the Pearwood
basin site with staff to look at the basin during the storm. He said the basin is handling the water
well and was not close to filling up.
Mayor Ferrara also announced that there would be a Centennial Celebration Committee
meeting tomorrow at 2:00 p.m.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:36 p.m.
Minutes: City Council Meeting Page 10
Tuesday, January 26, 2010
Tony Ferr yor
ATTEST:
Kelly Wetmore ity Clerk
(Approved at CC Mtg