Minutes 2011-06-28 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY
TUESDAY, JUNE 28, 2011
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 7:05 p.m.
2. ROLL CALL
City Council /RDA: Council /Board Member Jim Guthrie, Council /Board Member Tim Brown,
Mayor Pro TemNice Chair Caren Ray, and Mayor /Chair Tony Ferrara
were present. Council /Board Member Joe Costello was absent.
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, Community Development
Director Teresa McClish, and Assistant City Engineer Mike Linn.
3. FLAG SALUTE
Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute.
4. INVOCATION
Pastor Randy Ouimette, Pastor, St. John's Lutheran Church and Chaplain of the Five Cities Fire
Authority, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Special Centennial Presentations.
Mayor Ferrara welcomed the following elected officials from neighboring jurisdictions who
presented Centennial Proclamations to the City in honor of its' 100 Anniversary: John Shoals,
Mayor, City of Grover Beach; Shelly Higginbotham, Mayor, City of Pismo Beach; John
Ashbaugh, Vice Mayor, City of San Luis Obispo; and Adam Hill, Chairman of the Board OF
Supervisors, County of San Luis Obispo.
Mayor Ferrara thanked all the agencies who presented Proclamations and then read a letter
received from Governor Jerry Brown congratulating the City on its Centennial Anniversay.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Brown moved, Mayor Pro Tem 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
The following members of the public spoke during Citizens' Input, Comments and Suggestions:
Jeff Pinak and Brad Snook, representing Surfrider Foundation.
Minutes: City Council /Redevelopment Agency Meeting Page 2
Tuesday, June 28, 2011
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public
regarding Item 8.g. was John Spencer, Spencer's Fresh Market. There were no other comments
received, and the public comment period was closed.
Council Member Brown requested that Items 8.f., 8.g. and 8.h. be pulled.
Mayor Pro Tem Ray requested that Item 8.e. be pulled.
Mayor Ferrara requested that Items 8.b. and 8.c. be pulled.
Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.b., 8.c., 8.e., 8.f.,
8.g. and 8.h., with the recommended courses of action. The motion passed on the following
roll -call vote:
AYES: Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: Costello
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period June 1, 2011 through
June 15, 2011.
8.d. Consideration of an Award of Contract to Ferravanti Grading & Paving for
Construction of the Traffic Way Extension Asphalt Overlay and Citywide Digout
Project, PW 2011 -04.
Action: 1) Awarded a contract for the Traffic Way Extension Asphalt overlay and
Citywide Digout Project to Ferravanti Grading & Paving in the amount of $314,362; and
2) Authorized the City Manager to approve change orders for 10% of the contract,
$31,436, for unanticipated costs during the construction phase of the project.
8.i. Consideration of City Manager Employment Agreement.
Action: Approved a new City Manager Employment Agreement.
8.j. Consideration of Salary and Benefit Adjustments for Management Employees.
Action: Adopted Resolution No. 4375 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING COMPENSATION FOR
MANAGEMENT EMPLOYEES FOR FY 2011 -12 ".
8.k. Consideration of Memorandum of Understanding with the Service Employees
International Union Local 620.
Action: Adopted Resolution No. 4376 entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 620 AND REPEALING RESOLUTION
NOS. 3875, 4101, 4193, 4274, 4299, AND 4323 IMPACTING SAID EMPLOYEES ".
ITEMS PULLED FROM THE CONSENT AGENDA
8.b. Consideration of Statement of Investment Deposits.
Recommended Action: Receive and file the report listing the current investment
deposits of the City, as of May 31, 2011, as required by Government Code Section
53646(b).
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Tuesday, June 28, 2011
Staff responded to questions from Mayor Ferrara regarding potential for more fund
diversification within the City's investment deposits.
Action: Mayor Ferrara moved to approve Item 8.b. with the recommended course of action.
Mayor Pro Tem Ray seconded, and the motion passed on the following roll call vote:
AYES: Ferrara, Ray, Guthrie, Brown
NOES: None
ABSENT: Costello
8.c. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Special and Regular City Council
Meetings of June 14, 2011, as submitted.
Mayor Ferrara noted a correction to in the Regular City Council meeting minutes of June 14,
2011 that he attended a League of Cities Policy Committee Meeting, not a Board Meeting. City
Clerk Wetmore noted the change.
Action: Mayor Ferrara moved to approve Item 8.c., as amended. Council Member Brown
seconded, and the motion passed on the following roll call vote:
AYES: Ferrara, Brown, Guthrie, Ray
NOES: None
ABSENT: Costello
8.e. Consideration of a Fourth Amendment to the Agreement with North Coast
Engineering for the El Camino Real Rehabilitation and Enhancement Project, PW
2008 -09.
Recommended Action: 1) Approve a Fourth Amendment to the Agreement for
Consultant Services with North Coast Engineering to increase the "not to exceed"
amount by $8,958 to perform additional roadway design services near Comwall Avenue,
construction surveying and construction support for the El Camino Real Rehabilitation
and Enhancement Project; and 2) Authorize the Mayor to execute the Amendment.
Staff responded to questions from Mayor Pro Tem Ray regarding costs for improvements near
Cornwall Avenue located near the VCA Animal Hospital.
Action: Mayor Pro Tem Ray moved to approve Item 8.e., with the recommended courses of
action. Council Member Brown seconded, and the motion passed on the following roll call vote:
AYES: Ray, Brown, Guthrie, Ferrara
NOES: None
ABSENT: Costello
8.f. Consideration to Approve Final Tract Map 2653 — Cherry Creek; Subdividing 9
Acres into Twenty-Eight Residential Lots, Six Open Space Lots, and One Drainage
Lot; Adopt a Resolution Accepting Easements and Public Improvements; Approve
a Subdivision Improvement Warranty Funding Agreement; Adopt a Resolution
Accepting the Transfer of a Portion of the Real Property Formerly Known as Dirt
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Tuesday, June 28, 2011
Cherry Avenue Located Immediately Adjacent to Tract 2653; and Approve an
Agricultural Buffer Easement and maintenance Agreement.
Recommended Action: 1) Approve Final Tract Map 2653 — Cherry Creek, subdividing 9
acres into twenty -eight residential lots, six open space lots, and one drainage lot; 2)
Adopt a Resolution accepting the Lot 29 drainage lot, easements and public
improvements; 3) Approve a Subdivision Improvement Warranty Funding Agreement
withholding $271,707 of funds the City committed to pay to the Tract owner towards the
regional portion of the drainage improvements installed as part of the project and an
additional $21,800 to guarantee certain additional minor improvements; 4) Adopt a
Resolution accepting the transfer of a portion of the real property formerly known as Dirt
Cherry Avenue located immediately adjacent to Tract 2653; and 5) Approve an
Agricultural Buffer Easement and Maintenance Agreement.
Staff responded to questions from Council Member Brown regarding enforcement of agricultural
buffer landscaping maintenance requirements and questions regarding whether the developer
obtained all ownership interests needed to transfer "dirt cherry" to the City.
Action: Mayor Ferrara moved to approve Resolution No. 4377 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND
IMPROVEMENTS FOR TRACT 2653 CONSTRUCTED BY HUASNA DEVELOPMENT
COMPANY, LLC "; and Resolution No. 4378 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING THE TRANSFER OF A
PORTION OF THE REAL PROPERTY FORMERLY KNOWN AS DIRT CHERRY AVENUE (A
PORTION OF APN 007 - 711 -004) LOCATED IMMEDIATELY ADJACENT TO TRACT 2653 ";
approve Final Tract Map 2653 — Cherry Creek, subdividing 9 acres into twenty -eight residential
lots, six open space lots, and one drainage lot; approve a Subdivision Improvement Warranty
Funding Agreement withholding $271,707 of funds the City committed to pay to the Tract owner
towards the regional portion of the drainage improvements installed as part of the project and an
additional $21,800 to guarantee certain additional minor improvements; and approve an
Agricultural Buffer Easement and Maintenance Agreement. Council Member Guthrie seconded,
and the motion passed on the following roll call vote:
AYES: Ferrara, Guthrie, Ray
NOES: Brown
ABSENT: Costello
8.g. Consideration of Development Code Amendment 11 -003; Adoption of Ordinance
Amending Regulations Regarding Temporary Signs; Citywide.
Recommended Action: Adopt an Ordinance amending portions of Chapter 16.60 of
Title 16 of the Arroyo Grande Municipal Code regarding temporary banners and signs.
Staff responded to concerns expressed during public comment and clarified the time period
regulations for temporary pennants and flags; and clarified that American flags and holiday
decorations were not considered commercial signs, therefore, they are not regulated by the
proposed Ordinance.
Mayor Ferrara invited public comment on Item 8.g. Speaking from the public was John
Spencer, Spencer's Fresh Market, who expressed concerns regarding the short time limit for
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Tuesday, June 28, 2011
displaying pennants, flags, and holiday decorations. There were no further comments received,
and the public comment period was closed.
Action: Council Member Brown moved to adopt an Ordinance entitled, "AN ORDINANCE OF
THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 16.60 OF TITLE 16
OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING TEMPORARY BANNERS
AND SIGNS ". Council Member Guthrie seconded, and the motion passed on the following roll
call vote:
AYES: Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: Costello
8.h. Consideration of Consultant Services Agreement with The Wallace Group.
Recommended Action: Approve and authorize the Mayor to execute an updated
agreement with the Wallace Group for engineering services.
Staff responded to concerns from Council regarding the delay in issuing a Request for
Proposals for engineering services. Council Member Brown also requested the Council consider
continuing this item for two weeks to direct staff to provide documentation regarding the rates
charged by other local engineering firms for similar services.
Action: Council Member Brown moved to continue this item for two weeks and direct staff to
provide additional documentation regarding rates charged by other local engineering firms.
Council Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: Costello
9. PUBLIC HEARINGS
None
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of FY 2011 -12/FY 2012 -13 Biennial Budget. [CC /RDA]
Director of Administrative Services Kraetsch presented the staff report and recommended that
the Council /Board adopt a Resolution approving the FY 2011 -12 Budget.
Council /Board Member questions and comments ensued regarding impacts to the City as a
result of the State's elimination of redevelopment agencies; clarification of payments to the
California Joint Powers Insurance Authority; clarification regarding worker's compensation
costs; clarification that funding for a solar speed sign on Huasna Road is from the Local Sales
Tax Fund; and to add a goal for the Legislative and Information Services Department to ensure
continued, comprehensive IT support for the city's network infrastructure, City staff, and City
Council.
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Tuesday, June 28, 2011
Mayor /Chair Ferrara opened the public comment period. There were no comments received,
and the public comment period was closed.
Action: Council /Board Member Guthrie moved to adopt "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FISCAL YEAR 2011 -12 OF THE
FISCAL YEAR 2011 -12 & 2012 -13 BIENNIAL BUDGET AND MAKING APPROPRIATIONS
FOR THE AMOUNT BUDGETED ". Council /Board Member Brown seconded, and the motion
passed on the following roll call vote:
AYES: Guthrie, Brown, Ray, Ferrara
NOES: None
ABSENT: Costello
12. CITY COUNCIL REPORTS
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City's
appointed representative.
(a) Mayor Ferrara:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit
Authority (SLOCOG /SLORTA).
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee
(b) Mayor Pro Tem Ray:
(1) Economic Vitality Corporation (EVC).
(2) California Joint Powers Insurance Authority (CJPIA)
(3) Tourism Committee
(c) Council Member Costello: (ABSENT)
(1) Zone 3 Water Advisory Board
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(d) Council Member Guthrie:
(1) South County Area Transit (SCAT)
(2) Community Action Partnership (CAPSLO)
(3) Homeless Services Coordinating Council (HSOC)
(e) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC).
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Mayor Ferrara encouraged the Council and staff to participate in the Centennial Gala on July 8,
2011. Mayor Pro Tem Ray thanked Michelle Mayfield for organizing the City's participation in