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Minutes 2011-09-27 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 27, 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 7:00 p.m. 2. ROLL CALLttct City Council/RDA: Council/Board Member Joe Costello, Council/Board Member Tim Brown, Mayor Pro Tem/Vice Chair Caren Ray, and Mayor/Chair Tony Ferrara were present. Council/Board Member Guthrie was absent. City Staff Present: City Manager Steven'Adams, City Attorney Timothy Carmel, Deputy City Clerk Kitty Norton, Director of Administrative Services Angela Kraetsch, Director of Recreation and Maintenance Services Doug Perrin, Recreation Supervisor John Rogers, and Community Development Director Teresa McClish. 3. FLAG SALUTE Mayor Ferrara led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring October 5, 2011 as "Ride to Recovery Day". Mayor Ferrara read and presented an Honorary Proclamation declaring October 5, 2011 as "Ride to Recovery Day" to Matt Neff. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Brown 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 The following members of the public spoke during Citizens' Input, Comments and Suggestions: Katie Ott, San Luis Obispo County Tobacco Control Program; Brad Snook and Jeff Pinak, representing Surfrider Foundation; and Melissa Peters, San Luis Obispo County Tobacco Control Program. 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 Pro Tern Ray requested that Item 8.g. be pulled. Minutes: City Council/Redevelopment Agency Meeting Page 2 Tuesday, September 27, 2011 Action: Council Member Costello moved, and Mayor Pro Tern Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.c. The motion passed on the following roll-call vote: AYES: Costello, Ray, Brown, Ferrara NOES: None ABSENT: Guthrie 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 1, 2011 through September 15, 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 August 31, 2011, as required by Government Code Section 53646(b). 8.c. Consideration of Modification to California Public Employees' Retirement System Contract for the Local Police Members. Action: Approved and authorized the Mayor to sign on behalf of the City Resolution No. 4395 entitled "A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE"; and 2) Introduced an Ordinance.entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR LOCAL POLICE MEMBERS". 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of September 13, 2011 and the Regular City Council/Redevelopment Agency Meeting of September 13, 2011, as.submitted. 8.e. Consideration of Relinquishment of a Sewer Access Easement on Lot 11 of Tract 2236. Action: Adopted Resolution No. 4396 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RELINQUISHING AN UNUSED SEWER EASEMENT, LOCATED ON LOT 11 OF TRACT 2236". 8.f. Consideration of a Resolution Accepting Easements and Public Improvements for Conditional Use Permit No. 06-003 Pad I of the Five Cities Center. Action: Adopted Resolution No. 4397 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND. IMPROVEMENTS FOR CONDITIONAL USE PERMIT NO. 06-003 PAD I OF THE FIVE CITIES CENTER". ITEMS PULLED FROM THE CONSENT AGENDA 8.g. Consideration to Approve and Authorize the Execution of a Conditional Conflict Waiver and Certification in Favor of Nossaman, LLP. Recommended Action: Approve and authorize the City Attorney to execute a conditional conflict waiver and certification in favor of Nossaman, LLP. Minutes: City Council/Redevelopment Agency Meeting Page 3 Tuesday, September 27, 2011 Mayor Pro Tern Ray commended City Attorney Carmel on this item, and asked if the City of Grover Beach and Oceano Community Services District also signed conditional waivers. City Attorney Carmel stated that both agencies had executed waivers, and that he believed Grover's was a straight waiver and Oceano's was conditional. Action: Mayor Pro Tern Ray moved to approve and authorize the City Attorney to execute a conditional conflict waiver and certification in favor of Nossaman, LLP. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Ray, Brown, Costello, Ferrara -NOES: None ABSENT: Guthrie 9. PUBLIC HEARINGS 9.a. Consideration of Resolution Amending the City Master Fee Schedule for the City of Arroyo Grande and Woman's Club Community Center. Director of Recreation and Maintenance Services Perrin presented the staff report and recommended the Council: 1) Adopt a Resolution amending the City Master Fee Schedule for the Recreation and Maintenance Services Department for the City of Arroyo Grande and Woman's Club Community Center; and 2) Waive the fee increase for the South County Seniors, and for the Lions Club of Arroyo Grande. Staff then responded to questions from Council. Mayor Ferrara opened the public hearing. There were no comments received, and the public hearing was closed. Action: Council Member Brown moved to adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE MASTER FEE SCHEDULE FOR THE RECREATION AND MAINTENANCE SERVICES DEPARTMENT FOR THE CITY OF ARROYO GRANDE AND WOMAN'S CLUB COMMUNITY CENTER" as presented. Mayor Pro Tern Ray seconded, and the motion passed on the following roll call vote: AYES: Brown, Ray, Costello, Ferrara NOES: None ABSENT: Guthrie Action: Council Member Brown moved to waive the fee increase for the South County Seniors and for the Lions Club of Arroyo Grande. Mayor Pro Tern Ray seconded, and the motion passed on the following roll call vote: AYES: Brown, Ray, Costello, Ferrara NOES: None ABSENT: Guthrie Minutes: City Council/Redevelopment Agency Meeting Page 4 Tuesday, September 27, 2011 10. CONTINUED BUSINESS 10.a. Consideration of Changes to Art in Public Places Program. City Manager Adams presented the staff report and recommended the Council: 1) Approve proposed changes to the Art in Public Places Program and Process to modify the Guidelines and Criteria and limit the process only to private projects; 2) Direct staff to prepare an ordinance to incorporate the changes into the Municipal Code; 3) Direct staff to prepare a Resolution amending the Design Guidelines and Standards for Mixed Use Districts; and 4) Direct staff to apply the changes to the process to the proposed Hart-Collett Firefighters' Memorial Park Project. Staff then responded to questions from Council. Mayor Ferrara opened the public comment period. Speaking from the public was Patty Welsh. There were no other comments received, and the public comment period was closed. Discussion ensued regarding all current and proposed programs. Mayor Pro Tern Ray noted two corrections to the current program. Action: Mayor Pro Tern Ray moved to: 1) Approve proposed changes to the Art in Public Places Program and Process to modify the guidelines and criteria and limit the process only to private projects; 2) Direct staff to prepare an ordinance to incorporate the changes into the Municipal Code; 3) Direct staff to prepare a Resolution amending the Design Guidelines and Standards for Mixed Use Districts with modifications; and 4) Direct staff to apply the changes to the process to the proposed Hart-Collett Firefighters' Memorial Park Project. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Ray, Brown, Costello, Ferrara NOES: None ABSENT: Guthrie 11. NEW BUSINESS 11.a. Consideration of Adoption of a Preliminary Draft Recognized Obligation Payment Schedule (PDROPS), a Remittance Agreement, and a Cooperation and Funding Agreement. [COUNCIL/RDA] Administrative Services Director Kraetsch presented the staff report and recommended the Redevelopment Agency Board: 1) Adopt a Preliminary Draft Recognized Obligation Payment Schedule, a Resolution approving a Remittance Agreement By and Between the Redevelopment Agency and the City of Arroyo Grande, and a Resolution approving a Cooperation and Funding Agreement for Payment or Reimbursement of Administrative Expenses By and Between the Redevelopment Agency and the City of Arroyo Grande; and- that the City Council:- 2) Adopt a Resolution approving a Remittance Agreement By and Between the City and the Redevelopment Agency of the City of_Arroyo Grande, and adopt a Resolution approving a Cooperation and Funding Agreement for Payment or Reimbursement of Administrative Expenses By and Between the City and the Redevelopment Agency of the City of Arroyo Grande. Mayor/Chair Ferrara opened the public comment period. There were no comments received, and the public comment period was closed. Minutes: City Council/Redevelopment Agency Meeting Page 5 Tuesday, September 27, 2011 RDA BOARD Action: Board Member Costello moved to adopt a Preliminary Draft Recognized Obligation Payment Schedule. Vice Chair Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Brown, Ferrara NOES: ' None ABSENT: Guthrie Action: Board Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE APPROVING A REMITTANCE AGREEMENT BY AND BETWEEN THE CITY OF ARROYO GRANDE AND THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE, PURSUANT TO THE AUTHORITY SET FORTH IN HEALTH AND SAFETY CODE SECTION 34194.2 (AB 1X 27)". Board Member Brown seconded, and the motion passed on the following roll call vote: AYES: Costello, Brown, Ray, Ferrara NOES: None ABSENT: Guthrie Action: Board Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE APPROVING A COOPERATION AND FUNDING AGREEMENT FOR PAYMENT OR REIMBURSEMENT OF ADMINISTRATIVE EXPENSES BY AND BETWEEN THE CITY OF ARROYO GRANDE AND THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE". Vice Chair Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Brown, Ferrara NOES: None ABSENT: Guthrie CITY COUNCIL Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A REMITTANCE AGREEMENT BY AND BETWEEN THE CITY OF ARROYO GRANDE AND THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE, PURSUANT TO THE AUTHORITY SET FORTH IN HEALTH AND SAFETY CODE SECTION 34194.2 (AB 1X 27)". Mayor Pro Tern Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Brown, Ferrara NOES: None ABSENT: Guthrie Minutes: City Council/Redevelopment Agency Meeting Page 6 Tuesday, September 27, 2011 Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A COOPERATION AND FUNDING AGREEMENT FOR PAYMENT OR REIMBURSEMENT OF ADMINISTRATIVE EXPENSES BY AND BETWEEN THE CITY OF ARROYO GRANDE AND THE REDEVELOPMENT AGENCY OF THE CITY OF ARROYO GRANDE. Mayor Pro Tern Ray seconded, and the motion passed on the following roll.call vote: AYES: Costello, Ray, Brown, Ferrara NOES: None ABSENT: Guthrie 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 (4) Other (b) Mayor Pro Tem Ray: (1) Economic Vitality Corporation (EVC) (2) California Joint Powers Insurance Authority (CJPIA) (3) Tourism Committee (4) South County Library Donor Recognition Committee (5) Announced 100 Year Anniversary of California Women Securing the Right to Vote event to be held on Monday, October 10`x'from 4:00 to 8:00 p.m. in San Luis Obispo at the Dallidet Adobe Garden. (c) Council Member Costello: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (4) Other (d) Council Member Guthrie: (1) South County Area Transit (SCAT) (2) Community Action Partnership (CAPSLO) (3) Homeless Services Coordinating Council (HSOC) (4) . Other (e) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC). (3) Other Minutes: City Council/Redevelopment Agency Meeting Page 7 Tuesday, September 27, 20.9.1 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara and Mayor Pro Tern Ray reported on. the recent League of California Cities Conference. ' Mayor Ferrara requested the other members of Council who attended to write reports in memo format to City Manager Adams regarding'the conference. Mayor Pro Tern Ray commented on a recent accident on Valley Road and noted that.bike lanes in the City of Paso Robles are painted a terra cotta color which creates a visual barrier for vehicles. Council Member Brown also commented that residents in the area would like to see a pedestrian path in this area. City Manager Adams agreed to follow up with the County and the City of Paso Robles. Mayor Pro Tern Ray made an announcement regarding the 100 Year Anniversary of California Women Securing the Right to Vote event to be held on Monday, October 10 in San Luis Obispo at the Dallidet Adobe Garden. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 9:02 p.m. Tony Ferr yor/Chair ATTEST: Kitty Nort , Deputy City Clerk/Agency Secretary (Approved at CC Mtg