Minutes 2010-05-25 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 25, 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 7:04 p.m.
2. ROLL CALL
City Council: Council Member Chuck Fellows, 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, Chief of
Police Steve Annibali, and Community Development Director Teresa
McClish.
3. FLAG SALUTE
Members of Boy Scout Troop 489 led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Declaring June 7 & 8, 2010 as "Special Olympics — Law
Enforcement Torch Run Days ".
Mayor Pro Tem Guthrie presented an Honorary Proclamation Declaring June 7 & 8, 2010 as
"Special Olympics — Law Enforcement Torch Run Days ". Kristen Arias, Global Messenger for
Special Olympics, accepted the Proclamation.
5.b. Special Presentation to the City Council from the League of Women Voters.
Sharon Whitney, representing League of Women Voters of San Luis Obispo County,
acknowledged the City Council for engaging the citizens in the process for filling a vacancy on
the City Council and presented them with a written commendation.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Fellows 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
Susan Flores, E. Branch Street, commented on the City's new website design; acknowledged
the pictures on the site provided by Vivian Krug; stated it was very user friendly and very nice;
and it is a good reflection of what the City offers.
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.
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Tuesday, May 25, 2010
Mike McConville, E. Branch Street, referred to Item 8.i. (Acceptance of the City Hall Parking Lot
and Bioswale Improvements and the Crown Hill and Corbett Canyon Road Sidewalk
Improvements Project), and expressed concerns regarding the bioswale behind City Hall which
does not appear to be a true drainage bioswale; that it appears to be a drainage ditch lined with
rock; and suggested that the plans be reviewed and approved by the City's engineers before
accepting the project.
Upon hearing no further comments, Mayor Ferrara closed the public comment period.
Council Member Fellows requested Item 8.1. be pulled for a separate roll call vote.
Mayor Ferrara requested Item 8.i. be pulled for clarification.
Action: Council Member Costello moved, and Council Member Fellows seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.i., and S.I., with
the recommended courses of action. City Attorney Carmel referred to Supplemental Information
concerning Item 8.g. and noted a Resolution had been included for Council's consideration. The
Council acknowledged receipt of the information. The motion passed on the following roll -call
vote:
AYES: Costello, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period May 1, 2010 through
May 15, 2010.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of April 30,
2010.
8.c. Consideration of Fiscal Year 2010 -11 Appropriation Limit.
Action: Adopted Resolution No. 4278 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS
EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2010-11".
8.d. Consideration of Approval of the City of Arroyo Grande Investment Policy.
Action: Approved the City of Arroyo Grande Investment Policy.
8.e. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council /Redevelopment Agency
Meeting of April 27, 2010; the Special City Council Meeting of May 5, 2010 and the
Regular City Council Meeting of May 11, 2010, as submitted.
8.f. Consideration of a Resolution Approving a Third Side Letter of Agreement to the
Arroyo Grande Police Officers' Association Memorandum of Understanding.
Action: 1) Adopted Resolution No. 4279 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A THIRD SIDE
LETTER OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS'
ASSOCIATION MEMORANDUM OF UNDERSTANDING "; and 2) Authorized the City
Manager to execute the Agreement.
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Tuesday, May 25, 2010
8.g. Consideration of Authorization to Lease Purchase a New Quint 100 Foot Aerial
Platform Fire Apparatus.
Action: 1) Authorized the City Manager to execute a purchase order not to exceed
$930,000 to Pierce Manufacturing, Inc. for the purchase of one Quint 100' aerial platform
fire apparatus; and 2) Adopted Resolution No. 4280 as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE PURCHASE AGREEMENT WITH OSHKOSH
CAPITAL TO PURCHASE ONE 100 -FOOT QUINT AERIAL PLATFORM FIRE
APPARATUS ".
8.h. Consideration of a Resolution Authorizing City Participation in the San Luis
Obispo County Energy Watch Partnership.
Action: Adopted Resolution No. 4281 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING PART /C /PAT /ON IN
THE SAN LUIS OBISPO COUNTY ENERGY WATCH PARTNERSHIP (SLOEWP) ".
8.j. Consideration of Acceptance of the East Branch Streetscape Project, PW 2009 -01.
Action: 1) Accepted the project improvements as constructed by Brough Construction,
Inc. in accordance with the plans and specifications for the East Branch Streetscape
Project, PW 2009 -01; 2) Approved a transfer of $10,402 from the Pavement
Management Program CIP project; 3) Directed staff to file a Notice of Completion; and 4)
Authorized release of the retention, thirty -five (35) days after the Notice of Completion
has been recorded, if no liens have been filed.
8.k. Consideration of an Award of Contract to Souza Construction, Inc. for
Construction of Streets Resurfacing in the Vicinity of Arroyo Grande High School,
PW 2010 -08.
Action: 1) Awarded a contract for construction of streets resurfacing in the vicinity of
Arroyo Grande High School to Souza Construction, Inc. in the amount of $347,350; 2)
Authorized the City Manager to approve change orders for 10% of the contract amount,
$34,735, for unanticipated costs during the construction phase of the project; 3) Found
that the project is categorically exempt from CEQA pursuant to Section 15301(c); and 4)
Direct the City Clerk to file a Notice of Exemption.
ITEMS PULLED FROM THE CONSENT AGENDA
8.i. Consideration of Acceptance of the City Hall Parking Lot and Bioswale
Improvements and the Crown Hill and Corbett Canyon Road Sidewalk
Improvements Project, PW 2008 -07A.
Recommended Action: 1) Accept the project improvements as constructed by D -Kal
Engineering Inc. in accordance with the plans and specifications for the City Hall Parking
Lot & Bioswale Improvements and the Crown Hill and Corbett Canyon Road Sidewalk
Improvements Project, PW 2008 -07A; 2) Direct staff to file a Notice of Completion; and
3) Authorize release of the retention thirty -five (35) days after the Notice of Completion
has been recorded, if no liens have been filed.
Community Development Director McClish stated the bioswale construction was completed some
time ago and it has come to staffs attention that there have been some inquiries about the landscape
planting included in the bioswale and that staff could verify some details and bring it back to the
Council.
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Tuesday, May 25, 2010
Action: Mayor Ferrara moved to continue the item and direct staff to review the matter further
and bring more information back to Council. Council Member Costello seconded the motion.
The motion passed on the following roll -call vote:
AYES: Ferrara, Costello, Fellows, Guthrie
NOES: None
ABSENT: None
8.1. Adoption of an Ordinance Amending Title 16 to Clarify Agricultural Conversion
and Mitigation Requirements.
Recommended Action: Adopt an Ordinance amending Title 16 of the Municipal Code
(Development Code) to clarify agricultural conversion and mitigation requirements.
Council Member Fellows noted he had voted against the proposed Ordinance at the previous meeting
as it was written with no mitigation for the loss of approximately two and a half acres of agricultural
land and requested a separate roll call vote.
Action: Mayor Pro Tem Guthrie moved to approve Item 8.1. as recommended, and Council
Member Costello seconded the motion. City Attorney Carmel read the full title of the Ordinance
as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
AMENDING TITLE 16 OF THE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT 10-
001) TO CLAR /FY AGRICULTURAL CONVERSION AND MITIGATION REQUIREMENTS ".
The motion passed on the following roll -call vote:
AYES: Guthrie, Costello, Ferrara
NOES: Fellows
ABSENT: None
9. PUBLIC HEARINGS:
None.
10. CONTINUED BUSINESS:
None.
11. NEW BUSINESS:
11.a. Consideration of Introduction of a Proposed Ordinance Adding Chapter 9.29
Entitled "Proximity Restrictions to Children's Facilities for Registered Sex
Offenders" to the Arroyo Grande Municipal Code.
Chief Annibali presented the staff report and recommended the Council introduce an Ordinance
adding Chapter 9.29 entitled "Proximity Restrictions to Children's Facilities for Registered Sex
Offenders" to the Arroyo Grande Municipal Code.
Council questions and discussion ensued regarding Sections 9.29.030.A. (Prohibitions) and 9.29.020
(Definitions) in the proposed Ordinance as it relates to interpretation and enforcement and the
potential difficulty for field officers to make certain determinations; that the language is recommended
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Tuesday, May 25, 2010
to make the Ordinance more defensible; acknowledgment that the Ordinance was modeled after a
similar Ordinance in Orange County and whether a synopsis of arrest/conviction statistics were
available from that County.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter, and upon hearing none, he closed the public comment period.
Council comments included support for the proposed Ordinance.
Action: Council Member Costello moved to introduce an Ordinance as follows: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING
CHAPTER 9.29 ENTITLED `PROXIMITY RESTRICTIONS TO CHILDREN'S FACILITIES FOR
REGISTERED SEX OFFENDERS" TO THE ARROYO GRANDE MUNICIPAL CODE ". Council
Member Fellows seconded, and the motion passed on the following roll call vote:
AYES: Costello, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: None
11.b. Consideration of Appointment to Fill City Council Vacancy.
City Manager Adams presented the staff report and recommended the Council: 1) Approve an
appointment to fill the existing City Council vacancy; and 2) The individual appointed be sworn
in and take the Oath of Office administered by the City Clerk.
Discussion ensued regarding the proposed ranking process and the Council agreed that each
Council Member would rank their top 3 applicants ( #1 =first choice, #2= second choice, and
#3 =third choice) and then apply the same ranking (#4) to the remaining applicants.
Mayor Ferrara invited each applicant, in alphabetical order, to make a three (3) minute
presentation.
The following applicants addressed the Council: Tim Brown; William Honeycutt; Shannon
Kessler; George Martin; Jamie Ohler; and Caren Ray.
Mayor Pro Tem Guthrie asked applicants Caren Ray and Shannon Kessler if they would run for
election in November if they were not appointed tonight.
Shannon Kessler responded that at this time, she did not intend to run for election in November.
Caren Ray responded she was undecided at this time; however, it was definitely something she
was considering and she would continue to consider it as the summer approaches.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the
matter.
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Tuesday, May 25, 2010
Greq McGowan, Short Street, expressed appreciation for the high level of public involvement in the
process for replacing a Council Member and supported the appointment of Tim Brown to the Council.
Lynn Titus, Lierly Lane, spoke in support of the appointment of Tim Brown to the Council.
Joel Couser, Arroyo Grande resident, spoke in support of the appointment of Caren Ray to the
Council.
Doug Tait, Arroyo Grande resident, stated he had work worked with both Tim Brown and Caren Ray
on the Planning Commission for several years; had worked with Tim Brown on other issues; and
supported the appointment of Tim Brown to the Council.
Upon hearing no further comments, Mayor Ferrara dosed the public comment period.
Council Member Fellows commented that he has known and worked with Tim Brown on the Planning
Commission; provided an overview of Tim Brown's professional background; and spoke in support of
the appointment of Tim Brown to the Council.
Each Council Member then proceeded with the completion of their ranking sheet and submitted them
to the City Clerk. Each individual ranking sheet was displayed for the benefit of the public; City
Manager Adams announced the results on each ranking sheet; and City Clerk Wetmore entered the
results onto a Final Ranking Sheet. Upon final tabulation, the final applicant results were displayed
• and City Manager Adams announced that applicants Tim Brown and Caren Ray tied as the top two
applicants. He then tumed the discussion and deliberation back to the Council.
Mayor Ferrara commented that both Tim Brown and Caren Ray would do a tremendous job and that
regardless of the outcome there would be other opportunities. He stated his decision was based on
the applicants responses at the public forum, knowledge of current issues, and the ability of the
appointee to hit the ground running. He congratulated all the candidates, particularly Shannon
Kessler, who he believed was very well prepared and impressive with her presentations. He referred
to feedback he received from citizens regarding a woman on the Council and the need for diversity.
He noted that Caren Ray was recommended for appointment to the Planning Commission by former
Council Member Arnold and that this would be a continuation of his term. While he supported the
appointment of Caren Ray, he concluded by stating he would be equally happy with either of the top
two applicants and that they both currently serve the City well.
Council Member Costello expressed appreciation for the participation of all the applicants; believed
that there were two applicants that stand above the rest and that either one of them has proven they
can and will serve the City well; agreed there is a need for some gender balance on the Council; and
supported Caren Ray as the top applicant.
Council Member Fellows acknowledged this was a big decision and took a moment to read excerpts
from written comments received in support of Tim Brown from the following citizens: Greg McGowan;
Lynn Titus; Doug Tait; Gordon and Manetta Bennett; Jeanette Tripodi; Lori Jill Virnig; Duke and Lori
Sterling; Don and Anna Unkovich; Rick and Vicki Phillips; and Nick Alter. He then explained why he
supported Tim Brown as the top applicant; acknowledged that he would like to see a woman on the
Council, however, he was more in favor of appointing the best person for the job.
Mayor Pro Tem Guthrie agreed that experience with City issues was needed; that elections are
the time for bringing a new perspective to the Council; that the Council should be looking for the
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Tuesday, May 25, 2010
most experienced people who have the most background on the direction in which the City is
going, which were clearly Tim Brown and Caren Ray; acknowledged he served with Tim Brown
through the General Plan Update and that Tim has better command of the General Plan;
however, the Council is replacing a Council Member who was elected to serve and that Caren is
closer to the political temperament of former Council Member Arnold and would therefore
continue the intent of the election that took place, which was his reason for selecting Caren Ray
as the number one choice. He acknowledged he would be honored to work with either applicant.
Action: Mayor Pro Tem Guthrie moved to nominate and appoint Caren Ray to fill the existing
City Council vacancy. Council Member Costello seconded the motion, and the motion passed
on the following roll -call vote:
AYES: Guthrie, Costello, Ferrara
NOES: Fellows
ABSENT: None
City Clerk Wetmore administered the Oath of Office to newly appointed Council Member Caren
Ray. Council Member Ray then took her seat at the dais.
Council Member Fellows stated he was impressed with the credentials of the applicants and
encouraged them to get involved on one of the City's advisory bodies such as the Planning
Commission or Architectural Review Committee.
12. CITY COUNCIL REPORTS:
(a) MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional
Transit Authority (SLOCOG /SLORTA). 1) SLOCOG has not met since
his last report. 2) SLORTA met to discuss the new budget; will be
dependent on transit funding coming from the State.
(2) South San Luis Obispo County Sanitation District (SSLOCSD).
Currently reviewing the Policy and Procedure Manual and Code of Ethics.
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee. Next
meeting is scheduled for July 7'h
(4) Other. None.
(b) MAYOR PRO TEM JIM GUTHRIE:
(1) South County Area Transit (SCAT). Has not met since his last report.
(2) Community Action Partnership. Continues to move forward as the lead
agency for the Homeless Campus in the City of San Luis Obispo.
(3) California Joint Powers Insurance Authority (CJPIA). No report.
(4) Homeless Services Coordinating Council (HSOC). Announced that
Trish Garcia has been hired as the Executive Director, who will be
assisting in the coordination of grant applications and various services.
(5) Economic Vitality Corporation (EVC). Has not met since his last report.
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Tuesday, May 25, 2010
(6) Tourism Committee. Reported that the new logo and promotional
materials have been launched and will be used to promote the Village
and the City of Arroyo Grande.
(7) Other. None.
(c) COUNCIL MEMBER JOE COSTELLO
(1) Zone 3 Water Advisory Board. 1) Reported that Lopez Dam is 63% full;
2) Continuing to work with Federal representatives on the Habitat
Conservation Plan, which is a slowly moving project; and have initiated a
reduced flow from the Dam; and 3) Working on a Plant Efficiency
Assessment Review.
(2) Air Pollution Control District (APCD). Received a report on the dust
affecting Nipomo — several measures are being proposed to mitigate;
working with State Parks and Recreation to adopt a Memorandum of
Agreement to pursue mitigation measures to reduce the particulate matter
coming from the Oceano dunes.
(3) Fire Oversight Committee. Met last week to finalize the Fire Joint
Powers Authority Agreement; will be going to the various agencies for
formal approval in the next couple of weeks.
(4) Children In Motion Subcommittee. Meetings are moving forward to
identify measures to resolve fiscal issues related to the Children In Motion
program.
(d) COUNCIL MEMBER FELLOWS:
(1) Integrated Waste Management Authority Board (IWMA). 1) A copy of
the IWMA Budget was provided to the City Clerk for Council review; 2)
Reported on an education program for the schools in the County
regarding recycling, composting, and waste reduction programs in an
effort to meet or exceed AB939 waste diversion mandates; reported that
the goal for FY 2010 -11 is to reach over 10,000 students with in -class
presentations regarding recycling and natural resources and composting;
and 3) the Board recommended to authorize the IWMA President to send
letters of support for AB 1998 (plastic bags) and AB 1238 (prohibit fast
food outlets from using non - recyclable and non - compostable materials).
(2) County Water Resources Advisory Committee (WRAC). 1) Reported
that no vehicles have been turned away from Lopez or the other lakes;
and 2) reported that the WRAC Chair contends that there is evidence of
saltwater intrusion and requested the City Manager comment on the
matter. City Manager Adams stated staff would be providing an update
and analysis at the June 8 meeting.
(3) Other. None.
Mayor Ferrara suggested that Council Member Ray review her schedule and see what her
availability would be to serve on any of the Regional Committees. Following brief discussion,
staff was directed to place Committee Assignments on Regional Committees on a future
Agenda for discussion.
Minutes: City Council Meeting Page 9
Tuesday, May 25, 2010
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
None.
16. STAFF COMMUNICATIONS:
City Manager Adams announced the City would host a Critical Needs Action Plan Public
Workshop on Thursday, May 27, 2010 at 6:00 p.m. at the Woman's Club and Community
Center.
City Manager Adams also announced the Annual Strawberry Festival would be held this
weekend, on May 29`" and 30
17. COMMUNITY COMMENTS AND SUGGESTIONS:
Mike McConville, E. Branch Street, congratulated Council Member Ray on her appointment to
the Council; commented on Council Member Costello's report on dust and stated that dust from
leaf blowers in the City is also a problem and suggested a study be considered with a
consideration to ban use of leaf blowers in the City.
Steve Ross, Garden Street, congratulated Council Member Ray on her appointment to the
Council; and suggested ideas for use of reclaimed water to recharge the groundwater basin to
help prevent seawater intrusion.
John Keen, N. Elm Street, congratulated Council Member Ray on her appointment to the
Council.
Shannon Kessler, Tally Ho Road, thanked the Council and requested consideration of
appointment to the now vacant Planning Commission seat.
Susan Flores, E. Branch Street, referred to the pothole in front of South County Realty which
needs to be fixed before the Strawberry Festival; and referred to the upcoming public workshop
which should address where the City is going to get the money for the parking lot project; and
congratulated Council Member Ray on her appointment to the Council.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:50 p.m.
Tony F , ayor
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(Approved at CC Mtg 1.0+2010)