Minutes 2010-11-23 MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, NOVEMBER 23, 2010
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor /Chair Ferrara called the Regular City Council meeting to order at 7:12 p.m.
2. ROLL CALL
City Council /RDA: Council /Board Member Caren Ray, Council /Board Member Chuck
Fellows, Council /Board Member Joe Costello, Mayor Pro TemNice Chair
Jim Guthrie, and Mayor /Chair 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, Community Development Director Teresa McClish,
Fire Chief Mike Hubert, Building Official Johnathan Hurst, and Associate
Planner Ryan Foster.
3. FLAG SALUTE
Mayor Ferrara led the Flag Salute.
4. INVOCATION
Pastor George Lepper, representing the Five Cities Fire Authority, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council /Board Member Costello moved, Council /Board 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
Tim Moore, Fair Oaks Avenue, expressed concern that he had not yet received cost figures on
the City Hall project; and stated that if NKT Commercial does not yet have a restaurant
identified for the building being leased that the easement is not needed and the modifications to
Short Street are not necessary.
Henry Gonzalez, Arroyo Grande Meat Company, referred to the Short Street project and
expressed concerns about the lack of parking on Saturdays in Olohan Alley and the negative
impacts to his business as a result. He suggested moving the Farmers' Market over to the
former JJ's Market location as it is not being used. He referred to special events in the Village
and the number of people who attend and stated he has had to move his meat cutting
operations away from the Farmers' Market on Saturday as a courtesy.
Minutes: City Council /Redevelopment Agency Meeting Page 2
Tuesday, November 23, 2010
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, and upon hearing none, he closed the public comment period.
City Manager Adams referred to the Supplemental Memorandum distributed to Council prior to
the meeting regarding Item 8.e. and recommended continuing this item to the December 14,
2010 Regular City Council meeting.
Council Member Ray requested Item 8.c. be pulled for corrections.
Action: Council Member Fellows moved, and Mayor Pro Tem Guthrie seconded the motion to
approve Consent Agenda Items 8.a., 8.b., and 8.d., with the recommended courses of action.
The motion passed on the following roll -call vote:
AYES: Fellows, Guthrie, Costello, Ray, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period November 1, 2010
through November 15, 2010.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of October 31,
2010.
8.d. Consideration of Side Letters of Agreement Amending Arroyo Grande Police
Officers' Association and Service Employees International Union Local 620
Memorandums of Understanding.
Action: 1) Adopted Resolution No. 4322 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A FOURTH SIDE
LETTER OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS'
ASSOCIATION MEMORANDUM OF UNDERSTANDING "; and 2) Adopted Resolution
No. 4323 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A FOURTH SIDE LETTER OF AGREEMENT TO
THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620 MEMORANDUM
OF UNDERSTANDING ".
ITEMS PULLED FROM THE CONSENT AGENDA
8.c. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Regular City Council Meeting of
November 9, 2010, as submitted.
Council Member Ray referred to page 3 of the minutes (Item 9.a.) concerning the traffic
consultant's response to questions and stated that she believed it was Council Member Fellows
asking the questions and not her. City Clerk Wetmore noted the correction.
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Tuesday, November 23, 2010
Council Member Ray referred to page 6 of the minutes (Item 9.a.) and clarified several
comments she had made regarding the project. City Clerk Wetmore noted the corrections and
revised the comments as follows:
- Stated that this is not a Spencer's Market versus Food 4 Less issue and explained that an
alternate view was that we could be encouraging competition as it benefits everyone
economically;
- Stated Council must be careful not to try and regulate competition, that it is a slippery slope
argument because once we regulate one then where do you draw the line;
- Stated she has no problem with Food 4 Less itself; however, her issue is that whatever is
built here will remain in perpetuity and the more square footage there is, the less flexible the
usage so when there is turnover it is more difficult to find tenants;
Action: Council Member Ray moved to approve Item 8.e., as amended. Council Member
Costello seconded, and the motion passed on the following roll -call vote:
AYES: Ray, Costello, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: None
8.e. Consideration of Request for Lucia Mar Unified School District Irrevocable Offer of
Dedication of Castillo Del Mar Right -of -Way.
Recommended Action: Request from the Lucia Mar Unified School District an
irrevocable offer of dedication for the Castillo Del Mar roadway extension property
behind the high school.
City Manager Adams recommended the Council continue this item.
Action: Mayor Ferrara moved to continue Item 8.e. to the next Regular City Council meeting of
December 14, 2010. Council Member Ray seconded, and the motion passed on the following
roll -call vote:
AYES: Ferrara, Ray, Costello, Fellows, Guthrie
NOES: None
ABSENT: None
9. PUBLIC HEARINGS:
9.a. Consideration of Use of State 2010 -11 Citizens Option for Public Safety (COPS)
Funds.
Police Chief Annibali presented the staff report and recommended the Council: 1) Approve the
recommendation to utilize the FY 2010 -11 COPS funds to continue the multi -year program for
the replacement and enhancement of the Police Department's radio communications
equipment; 2) Authorize the expenditure of $189,877 carried over from the City's FY 2009 -10
COPS Program; and 3) Appropriate $1,734 in accrued interest.
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Mayor Ferrara opened the public hearing, and hearing no comments, he closed the public
hearing.
Brief Council comments ensued in support of using COPS funds for communications equipment
although there was some concern expressed about the proposed appropriation of accrued
interest and that it should stay within the COPS fund. Director Kraetsch clarified that the
interest does accrue within the COPS fund and is generally allocated for special department
supplies which falls under the criteria for use of COPS funds.
Action: Council Member Costello moved to: 1) Approve the Chief of Police's recommendation
to utilize the FY 2010 -11 COPS funds to continue the multi -year program for the replacement
and enhancement of the Police Department's radio communications equipment; 2) Authorize
the expenditure of $189,877 carried over from the City's FY 2009 -10 COPS Program; and 3)
Appropriate $1,734 in accrued interest. Council Member Ray seconded, and the motion passed
on the following roll call vote:
AYES: Costello, Ray, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: None
9.b. Consideration of Development Code Amendment 10 -005; Amend Municipal Code
Section 16.44.040 Regarding Allowed Uses in the Public /Quasi - Public (PF) Zoning
District.
Community Development Director McClish introduced an Ordinance to amend Section
16.44.040 of the Arroyo Grande Municipal Code regarding allowed uses in the Public/Quasi-
Public (PF) zoning district.
Mayor Ferrara opened the public hearing, and hearing no comments, he closed the public
hearing.
Action: Council Member Costello moved to introduce and read the title of an Ordinance as
follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
APPROVING DEVELOPMENT CODE AMENDMENT 10-005 TO AMEND SECTION 16.44.040
OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING ALLOWED USES IN THE
PUBLIC /QUASI- PUBLIC (PF) ZONING DISTRICT ". Council Member Fellows seconded, and
the motion passed on the following roll call vote:
AYES: Costello, Fellows, Ray, Guthrie, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS:
10.a. Consideration of an Encroachment Agreement between The City and NKT
Commercial in Connection with the "Shops at Short Street" Project.
Minutes: City Council/Redevelopment Agency Meeting Page 5
Tuesday, November23, 2010
Community Development Director McClish presented the staff report and recommended the
Council approve an agreement to address indemnification, insurance and construction issues
associated with the reconstruction of Short Street and offsite sewer improvements associated
with the "Shops at Short Street" project. Staff responded to questions from Council regarding
the estimated time length of the street closure; proposed Alternative 3; the outcome of the
meeting with the businesses; whether options for working at night were discussed; and
clarification concerning NKT Commercial's purchase of the property and associated deed
restriction designating the small portion of abandoned right of way acquired for restaurant use
only.
Mayor Ferrara invited those in the audience who wished to comment on the matter.
Carol Florence, representing NKT Commercial, spoke
Henry Gonzalez, Arroyo Grande Meat Company, stated he had attended the meeting and
expressed disappointment that many business owners did not attend; and requested the City
make it as viable as possible to continue to do business.
Manetta Bennett, Allen Street, expressed concerns about truck traffic on Bridge Street, as well
as the temporary restrooms which she believes are too small and should be replaced; did not
favor moving the Farmers' Market to the former JJ's Market site as it is too far away from the
Village; suggested closure of E. Branch Street for Farmers' Market; and stated that business
owners who are negatively impacted by this project should be compensated.
Tim Moore, Fair Oaks Avenue, expressed concern about heavy truck traffic on Bridge Street;
agreed that Farmers' Market is taking away parking in Olahan Alley; and stated there was a
rumor that Short Street and Olahan Alley would be closed at the same time.
Upon hearing no further comments, Mayor Ferrara closed the public comment period.
Council comments ensued regarding truck traffic on Bridge Street; proposed street closures as
it relates to specific timeframes; proposed Alternatives; the temporary restrooms; whether
Farmers' Market should be relocated; whether closure of E. Branch Street for Farmers' Market
is a feasible option; and acknowledgement that there could be substantial additional costs to the
City of $30,000 to $40,000 by shortening the street closure by only a week and a half.
Action: Council Member Costello moved to direct staff to pursue options for the re- location of
Farmers' Market during the six month construction period and come back to Council as quickly
as possible, and to delay the decision on the Alternatives in terms of the options for Short Street
until Council could consider the options for Farmers' Market. Mayor Pro Tern Guthrie seconded
the motion. Council Member Ray asked for an amendment to the motion to include signage for
Bridge Street. Council Member Costello stated he believed staff had received that direction and
it was not necessary to include in the motion. City Manager Adams also noted that the issue of
the restrooms is included in the Encroachment Agreement so that issue could also be
addressed when Council reconsiders this item.
The motion passed on the following roll -call vote:
AYES: Costello, Guthrie, Fellows, Ray, Ferrara
NOES: None
Minutes: City Council /Redevelopment Agency Meeting Page 6
Tuesday, November 23, 2010
ABSENT: None
11. NEW BUSINESS:
11.a. Consideration of a Proposed Ordinance Amending Portions of Title 8 (Fire Code)
and Title 15 (Building and Construction Codes) of the Arroyo Grande Municipal
Code.
Building Official Hurst presented the staff report and noted staff had identified two necessary
modifications to the proposed Ordinance as follows: In Section 13 of the Ordinance, Section
8.08.070(A) should read "Fireworks shall not be sold before noon on the twenty- eighth of
June and such sales shall cease at noon on the fifth day of July. Sales during this time
period will be limited to nine a.m. to nine p.m. each day. Any permittee failing to observe
these hours designated for sale may have their permit revoked or be ineligible for a
permit in subsequent years. "; and existing Municipal Code Section 8.08.090(B) should
be repealed and deleted from the Arroyo Grande Municipal Code in its entirety in order
to avoid a conflict with adoption of the new Fire Code.
He then recommended the Council: 1) Introduce an Ordinance, as modified, amending Arroyo
Grande Municipal Code Chapter 8.04 related to the adoption of the California Fire Code and
International Fire Code; amending Chapter 8.08 related to Fireworks; and amending Chapter
15.04 related to the adoption of the California Building Code, Califomia Residential Code,
California Electrical Code, California Mechanical Code, California Plumbing Code, California
Green Building Code, California Existing Building Code, Califomia Energy Code, California
Historical Building Code and the International Property Maintenance Code; and 2) Schedule a
public hearing for December 14, 2010 in accordance with the requirements of Government
Code Section 50022.3, to consider final adoption of the Ordinance.
Brief Council questions ensued regarding fire sprinklers; clarification that State law will now
require all new residential occupancies to have fire sprinklers; and clarification regarding
fireworks sales and use timeframes. Brief discussion ensued with regard to limiting the areas
within the City where safe and sane fireworks can be discharged and whether the Ordinance
should identify such areas.
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.
Action: Council Member Costello moved to: 1) Introduce an Ordinance, as amended,
as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
AMENDING ARROYO GRANDE MUNICIPAL CODE CHAPTER 8.04 RELATED TO THE
ADOPTION OF THE CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE;
AMENDING CHAPTER 8.08 RELATED TO FIREWORKS; AND AMENDING CHAPTER 15.04
RELATED TO THE ADOPTION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL
CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA GREEN BUILDING CODE,
CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA
HISTORICAL BUILDING CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE
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CODE "; 2) Schedule a public hearing for December 14, 2010 in accordance with the
requirements of Government Code Section 50022.3, to consider final adoption of the Ordinance;
and 3) Direct staff to bring forward language consistent with the Fire Code relating to the safe
use of safe and sane fireworks. Council Member Ray seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Ray, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called for a break at 8:59 p.m. The Council reconvened at 9:05 p.m.
11.b. Consideration of Fiscal Year 2010 -11 First Quarter Budget Status Report.
[CC /RDA]
Administrative Services Director Kraetsch presented the staff report and recommended the
Council approve Carryover Appropriations as shown on Schedule A and approve budget
adjustments and recommendations as listed in the Quarterly Financial Report and shown on
Schedule A.
Mayor /Chair 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 /Board comments ensued in support of the budget status report; acknowledgement of
staff's hard work to keep expenditures down; acknowledgement of cost savings;
acknowledgement that programs have changes but service levels have been maintained; and a
recommendation that the money to be spent on the City Hall project be taken from the General
Fund savings instead of borrowing from the Local Sales Tax Fund and repaid. City Manager
Adams acknowledged the recommendation and suggested the Council wait until the upcoming
budget cycle which is expected to present some challenges and he would like the Council to
review options prior to making any reallocations. Director Kraetsch also noted that the third
quarter budget status report would provide more information about revenues and expenditures.
Action: Council /Board Member Costello moved to approve carryover appropriations as shown
on Schedule A and approve budget adjustments and recommendations as listed in the
Quarterly Financial Report and shown on Schedule A. Mayor Pro TemNice Chair Guthrie
seconded, and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Fellows, Ray, 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). SLOCOG cancelled its last
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meeting, however, a press release was issued on the Annual STIP
funding which includes $349,000 to be allocated to the City for the El
Camino Real Sidewalks and Bike Lanes; SLORTA reported that the bus
driver in the recent bus /pedestrian accident was not at fault.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Mayor
Pro Tem Guthrie attended the last meeting, however, he reviewed the
agenda packet and commented on plant operations noting that budget
issues and shortfalls are being worked out and potential cost savings are
being identified.
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee. The
project is still moving along.
(4) Other. Attended the League of California Cities Board Meeting where
presentations were received on the 2011 League Strategic Goals; the
passage of Proposition 22 was celebrated; and Proposition 26 was
discussed at length to determine what fees qualify under this Proposition.
(b) MAYOR PRO TEM JIM GUTHRIE:
(1) South County Area Transit (SCAT). Has not met since last report.
(2) Community Action Partnership. Continuing to be the lead agency on
the homeless campus project; still facing funding challenges; health
clinics are running well.
(3) Homeless Services Coordinating Council (HSOC). Working on
positioning local agencies to qualify for Federal funding.
(4) Tourism Committee. A proposal is forthcoming for next year's budget.
(5) Other. Attended Sanitation District meeting; agreed that significant
budget issues continue; noted that there will be six sewer hookups in
Arroyo Grande; reported on testing activities as a result of violations
found by the Water Quality Control Board.
(c) COUNCIL MEMBER JOE COSTELLO:
(1) Zone 3 Water Advisory Board. Met last week; did not attend; the Board
is looking for more participation by the agencies in the budgeting process
for the water treatment facility, however the County continues to view this
as an advisory board.
(2) Air Pollution Control District (APCD). No report, meets next week.
(3) Other. Five Cities Fire Authority cancelled its last meeting.
(d) COUNCIL MEMBER FELLOWS:
(1) Integrated Waste Management Authority Board (IWMA). Met last
week; acknowledged Manager Bill Worrell for his work on diversion
programs in SLO County; reported the County's diversion rate is up 70 %.
(2) County Water Resources Advisory Committee (WRAC). No report;
was out of town during last meeting.
(3) Other. None.
(e) COUNCIL MEMBER RAY:
(1) California Joint Powers Insurance Authority (CJPIA). Held regular
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meeting in November to discuss administrative items.
(2) Economic Vitality Corporation (EVC). Meeting cancelled in lieu of the
Annual Economic Forecast which was attended by five City of Arroyo
Grande representatives.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Ray acknowledged Council Member Fellows as this would be his last regular
Council meeting and thanked him for his service.
Council Member Fellows stated it has been his honor to serve the City of Arroyo Grande and he
was looking forward to seeing Tim Brown on the Council.
Mayor Ferrara thanked the community for supporting Proposition 22 and wished all a Happy
Thanksgiving.
16. STAFF COMMUNICATIONS:
City Manager Adams announced that in follow up to a request by Mayor Pro Tem Guthrie,
several public budget workshops are being scheduled to begin in February to be held at the
Woman's Club Community Center.
City Manager Adams also announced that the Christmas Parade on Sunday, November 28 at
5:00 p.m.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
Zeke Turley, AGP Video, shared the news of the recent birth of his twins, a boy and a girl.
18. ADJOURNMENT
Mayor /Chair Ferrara adjoumed the meeting at 9:45 p.m.
Tony Fer yor /Chair
ATTEST:
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Kelly W - or ity Clerk/Agency Secretary
(Approved at CC Mtg /2 -1Y-20/0 ) -