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Minutes 2011-08-09 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 9, 2011 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:01 p.m. 2. ROLL CALL City Council: Council Member Joe Costello, Council Member Jim Guthrie, Council Member Tim Brown, Mayor Pro Tem Caren Ray, and Mayor Tony Ferrara were present. City Staff Present: Acting City Manager /Director of Administrative Services Angela Kraetsch, Assistant City Attorney David Hirsch, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Chief of Police Steve Annibali, and Community Development Director Teresa McClish. 3. FLAG SALUTE Mayor Tony Ferrara led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. Mayor Ferrara commented on the recent passing of Gordon Bennett, a long time resident of the City, and expressed his condolences. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Brown moved, Council Member Guthrie 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: Patty Welsh, Pradera Court; and Brad Snook and Jeff Pinak, representing Surfrider Foundation. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. There were no comments received and the public comment period was closed. Mayor Ferrara requested that Item 8.d.be pulled. Mayor Pro Tem Ray requested that Item 8.g. be pulled. Minutes: City Council Regular Meeting Page 2 Tuesday, August 9, 2011 Action: Council Member Guthrie moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.d. and 8.g., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period July 1, 2011 through July 31, 2011. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of June 30, 2011, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of July 12, 2011, as submitted. 8.e. Consideration of Joint Council Meeting with City of Grover Beach Regarding Police Consolidation. Action: Directed staff to proceed to schedule a joint Council meeting with the City of Grover Beach to discuss Police consolidation options, savings, benefits and issues. 8.f. Consideration of a Budget Amendment; Program Supplement Agreement No. N013 to Administer Agency -State Agreement No. 05- 5199R; and Authorization to Distribute Requests for Proposals for Engineering /Bridge Design and Environmental Services for the Bridge Street Bridge Project. Action: 1) Approved a budget amendment to include $75,000 of Local Highway Bridge Program funds in the FY 2011 -12 capital improvement program budget for preliminary engineering work on the Bridge Street Bridge project; 2) Adopted Resolution No. 4384 entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT NO. N013 TO ADMINISTER AGENCY -STATE AGREEMENT NO. 05 -5199R FOR THE BRIDGE STREET BRIDGE PROJECT "; and 3) Directed staff to prepare and distribute requests for proposals for consultant services to provide engineering bridge design and environmental services. 8.h. Consideration of a Resolution Accepting Easements and Public Improvements for Conditional Use Permit No. 04-009 Hampton Inn Located at 1400 West Branch Street. Action: Adopted Resolution No. 4385 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS FOR CONDITIONAL USE PERMIT NO. 04 -009 HAMPTON INN LOCATED AT 1400 WEST BRANCH STREET ". 8.i. Consideration of a Resolution Approving and Authorizing the City Manager to Enter into an Exclusive Vendor Police Tow Service Agreement. Action: Adopted Resolution No. 4386 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE VENDOR POLICE TOW SERVICE AGREEMENT ". Minutes: City Council Regular Meeting Page 3 Tuesday, August 9, 2011 8.j. Consideration of Temporary Use Permit 11 -017 Moving the El Camino Real Park - and -Ride Lot Temporarily to a Portion of City Property at West Branch Street and Old Ranch Road. Action: 1) Adopted Resolution No. 4387 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 11 -017 MOVING THE EL CAMINO REAL PARK - AND -RIDE LOT TEMPORARILY TO A PORTION OF CITY PROPERTY AT W. BRANCH STREET AND OLD RANCH ROAD "; and 2) Authorized the City to provide any necessary hold harmless and indemnification to the Five Cities Youth Foundation to be executed by the City Manager in a form approved by the City Attorney. ITEMS PULLED FROM THE CONSENT AGENDA 8.d. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities Annual Conference. Recommended Action: Appoint the Mayor as the voting delegate for the League of California Cities Annual Conference. Mayor Ferrara stated that at the time the staff report was prepared, he was the only one registered to attend the Annual Conference and noted that Mayor Pro Tem Ray and Council Member Guthrie would also be attending and could be considered as voting delegates. Action: Mayor Ferrara moved to appoint Mayor Pro Tem Ray as the primary voting delegate and Council Member Guthrie as the alternate voting delegate for the League of California Cities Annual Conference. Council Member Brown seconded, and the motion passed on the following roll -call vote: AYES: Ferrara, Brown, Guthrie, Costello, Ray NOES: None ABSENT: None 8.g. Consideration of a Resolution Accepting Easements and Public Improvements for Conditional Use Permit No. 08 -002 Veterinary Clinic Located at 205 El Camino Real. Recommended Action: Adopt a Resolution accepting easements and public improvements for Conditional Use Permit No. 08 -002, Veterinary Clinic located at 205 El Camino Real and owned by VCA Antech, Inc. Staff responded to questions by Mayor Pro Tem Ray regarding funding for the project. Action: Mayor Pro Tem Ray moved to adopt Resolution No. 4388 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR CONDITIONAL USE PERMIT NO. 08 -002 VETERINARY CLINIC LOCATED AT 205 EL CAMINO REAL ". Council Member Costello seconded, and the motion passed on the following roll -call vote: AYES: Ray, Costello, Guthrie, Brown, Ferrara NOES: None ABSENT: None Minutes: City Council Regular Meeting Page 4 Tuesday, August 9, 2011 9. PUBLIC HEARINGS 9.a. Consideration of Adoption of Ordinance Amending Chapter 10.20 of Title 10 of the Arroyo Grande Municipal Code Relating to Abandoned, Wrecked, Dismantled and Inoperative Vehicles. Assistant City Attorney Hirsch presented the staff report and recommended the Council introduce an Ordinance to amend Chapter 10.20 of Title 10 of the Arroyo Grande Municipal Code relating to the abatement and removal of abandoned, wrecked, dismantled and inoperative vehicles. Mayor Ferrara opened the public hearing. Speaking from the public in support of the proposed Ordinance was Patty Welsh, Pradera Court. Hearing no further comments, Mayor Ferrara closed the public hearing. Action: Council Member Guthrie moved to introduce an Ordinance, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 10.20 OF TITLE 10 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO ABANDONED, WRECKED, DISMANTLED AND INOPERATIVE VEHICLES ". Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Brown, Costello, Ray, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of an Ordinance Determining the City Will Comply with the Voluntary Alternative Redevelopment Program Pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in Order to Permit the Continued Existence and Operation of the Redevelopment Agency. Acting City Manager Kraetsch presented the staff report and recommended the Council introduce an Ordinance determining the City will comply with the voluntary alternative redevelopment program pursuant to Part 1.9 of Division 24 of the Califomia Health and Safety Code in order to permit the continued existence and operation of the Redevelopment Agency. Mayor Ferrara referred to and commented on supplemental material distributed to the Council regarding the reply in support of the petition for Writ of Mandate and Application for a temporary stay filed by the California Redevelopment Association. Mayor Ferrara opened the public comment period. No public comments were received. Action: Council Member Costello moved to introduce an Ordinance, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED Minutes: City Council Regular Meeting Page 5 Tuesday, August 9, 2011 EXISTENCE AND OPERATION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE ", with emphasis that the City would be making payment under protest. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Brown, Ray, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS 12.a. Request to Direct Staff to Prepare Modifications to the Art in Public Places Process. (RAY) In response to a request by Mayor Pro Tem Ray regarding the placement of this item on a future agenda for discussion, Community Development Director McClish provided background on the Council's adoption by Resolution in 2004 of an Art in Public Places Program; noted that the process identified in the program is cumbersome and has not been utilized to date; and that staff could present altematives for modifications to the process if so directed. There was consensus of the Council to bring this issue back to the Council on a future Agenda. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Brown requested that a permanent remembrance in celebration of Gordon Bennett's life be placed somewhere in the City. Mayor Ferrara agreed and stated he had an idea for placing a memorial in Centennial Park in Mr. Bennett's memory that he would like to discuss with the Bennett family. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Patty Welsh, Pradera Court, congratulated Police Chief Annibali on the recent arrest in the cross burning incident and stated that the Justice For All Fund should be paid out. 17. ADJOURNMENT Mayor Ferrara adjo ned the meeting at 7:45 p.m. in memory of Gordon Bennett. Tony Fe r! Mayor ATTEST: / l / _ ' Kelly Wet ore City Clerk (Approved at CC Mtg 8'0 3 fj 1