Minutes 2012-06-12 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL/CITY AS SUCCESSOR AGENCY
TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY
TUESDAY, JUNE 12, 2012
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council/City as Successor Agency to the Dissolved
Arroyo Grande Redevelopment Agency meeting to order at 6:01 p.m.
2. ROLL CALL
City Council: Council Member Caren Ray, Council Member Jim Guthrie, Mayor Pro
Tern Tim Brown, and Mayor Tony Ferrara were present. Council 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, Director of Recreation and Maintenance
Services Doug Perrin, and Chief of Police Steven Annibali.
3. FLAG SALUTE
Representatives from Girl Scout Troop 41044 led the Flag Salute.
4. INVOCATION
Reverend Valerie Valle, Saint Barnabas Episcopal Church, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Mayor Ferrara announced that on Tuesday, May 22, 2012, after meeting in Closed Session
regarding:
Conference with labor negotiator pursuant to Government Code Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Service Employees International Union (SEIU) Local 620
Conference with labor negotiator pursuant to Government Code Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Unrepresented Employees: Management Employees
the City Council reconvened into open session and announced there was no reportable action
taken.
5.b. Ordinances Read in Title Only.
Mayor Pro Tern Brown moved, Council Member 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.
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Tuesday, June 12, 2012
Mayor Ferrara noted that staff requested that Item 10.a. be moved up on the Agenda prior to
Public Hearing Item 9.a.
6. SPECIAL PRESENTATIONS
6.a. Introduction and Oath of Office — Police Officer Justin Dodson and Promotions of
Police Officer Michael Martinez to Sergeant and Sergeant Kevin McBride to
Commander.
Chief Annibali introduced new Police Officer Justin Dodson and highlighted his educational
background. City Clerk Wetmore then administered the Oath of Office to Officer Dodson. Chief
Annibali also highlighted the educational and career backgrounds of Police Officer Michael
Martinez and Sergeant Kevin McBride, and announced their promotions to Sergeant and
Commander, respectively.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Speaking from the public was Marie Cattoir, Orcutt Lane, expressing concerns about the Pilot
Safe Parking Program at Saint Barnabas Episcopal Church.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was
Eric Meyer, San Luis Obispo, supporting Item 8.n.; Steve Ross, Garden Street, commented on
Item 8.1.; Chris Knittel, Bakeman Lane, commented on Item 8.h.; and Lee Harrison, Bakeman
Lane, commented on Item 8.h. There were no further comments received and the public
comment period was closed.
Council Member Ray requested Items 8.f. and 8.1. be pulled, and Mayor Pro Tern Brown
requested Item 8.h. be pulled.
Action: Council Member Ray moved, and Mayor Pro Tem Brown seconded the motion to
approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.f., 8.h., and 8.1.,
with the recommended courses of action. The motion passed on the following roll-call vote:
AYES: Ray, Brown, Guthrie, Ferrara
NOES: None
ABSENT: Costello
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period May 16, 2012 through
May 31, 2012.
8.b. Consideration of Fiscal Year 2012-13 Appropriation Limit.
Action: Adopted Resolution No. 4452 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS
EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2012-13".
8.c. Consideration of a Resolution Approving a Government Obligation Contract
Between the City of Arroyo Grande and Kansas State Bank of Manhattan for the
Purchase of a Sewer Vactor Truck.
Action: Adopted Resolution No. 4453 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE LEASE
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Tuesday, June 12, 2012
PURCHASE AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND
KANSAS STATE BANK OF MANHATTAN FOR THE PURCHASE OF A SEWER
VACTOR TRUCK".
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency meeting of May 22, 2012, as
submitted.
8.e. Consideration of Approval of Minutes. [SUCCESSOR AGENCY]
Action: Acting as the Successor Agency, approved the minutes of the Regular City
Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency
meeting of May 22, 2012, as submitted.
8.g. Consideration of First Amendment to Contractor Services Agreement with Lee
Wilson Electric.
Action: Approved and authorized the City Manager to execute an amendment extending
the Contractor Services Agreement with Lee Wilson Electric Company, Inc. for traffic
signal maintenance.
8.i. Consideration of a Resolution Suspending Conversion of Annual Leave to Salary
for Management Employees.
Action: Adopted Resolution No. 4454 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING COMPENSATION AND
BENEFITS FOR MANAGEMENT EMPLOYEES FOR FY 2012-13".
8.j. Consideration of Request from Planning Commissioner Keen for Consecutive
Absences from Planning Commission Meetings.
Action: Consented to three potential consecutive absences by Planning Commissioner
Keen during the summer months.
8.k. Consideration of a Resolution Accepting Access Easements and Well Dedication
for Tract 1998 and a First Amendment to Consultant Services Agreement with
Garing Taylor& Associates for the Well No. 11 Project, PW 2010-07.
Action: 1) Adopted Resolution No. 4455 entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING AN OFFER TO
DEDICATE WATER RIGHTS AND WELL AND RELATED EASEMENTS AND
AGREEMENT FOR THE PROVISION OF CONSTRUCTION WATER FOR TRACT
1998 (TRACT 01-001)"; and 2) Authorized the Mayor to execute a First Amendment to
Consultant Services Agreement with Garing Taylor & Associates for the Well No. 11
Project, PW 2010-07.
8.m. Consideration of Acceptance of the Castillo Del Mar Bike Path Project, PW 2011-
05.
Action: 1) Accepted the project improvements, as constructed by Brough Construction,
Inc., in accordance with the plans and specifications for the Castillo Del Mar Bike Path
Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the
retention, thirty-five (35) days after the Notice of Completion has been recorded, if no
liens have been filed.
8.n. Consideration of Supporting Property Acquisition by the County Board of
Supervisors for the De Anza Trail.
Action: Submitted a letter to the San Luis Obispo County Board of Supervisors
supporting the acquisition of land for future completion of the multi-use Juan Batista de
Anza Trail.
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Tuesday, June 12, 2012
ITEMS PULLED FROM THE CONSENT AGENDA
8.f. Consideration of Resolutions for the 2012 General Municipal Election.
Recommended Action: 1) Adopt a Resolution calling and giving notice of the holding of
a General Municipal Election to be held on Tuesday, November 6, 2012, for the election
of certain officers of the City; 2) Adopt a Resolution requesting the Board of Supervisors
of the County of San Luis Obispo to consolidate a General Municipal Election to be held
on November 6, 2012, with the Statewide General Election to be held on the same date
pursuant to Section 10403 of the Elections Code; 3) Adopt a Resolution adopting
regulations for candidates for elective office pertaining to candidate statements
submitted to the voters at an Election to be held on Tuesday, November 6, 2012; and 4)
Approve an additional appropriation of $7,000 in the FY 2012-13 General Fund budget
for the November General Municipal Election.
Council Member Ray expressed concern about including funds for a ballot measure that has not
yet been approved and requested the recommended appropriation be reduced by the amount
included for adding a ballot measure ($1,608).
Action: Council Member Ray moved to approve staffs recommendations to adopt Resolutions
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES"; "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6,
2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE"; "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER
6, 2012"; and to approve an additional appropriation of $5,392 in the FY 2012-13 General Fund
Budget for the November General Election. Mayor Pro Tem Brown seconded, and the motion
passed on the following roll-call vote:
AYES: Ray, Brown, Guthrie, Ferrara
NOES: None
ABSENT: Costello
8.h. Consideration of a Resolution Approving a Supplement to the Final Engineer's
Report for the Parkside Village Assessment District and Approving a Reduction in
the Assessments Levied.
Recommended Action: Adopt a Resolution approving a Supplement to the Final
Engineer's Report for the Parkside Village Assessment District to reduce the annual
assessments.
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Tuesday, June 12, 2012
Mayor Pro Tern Brown expressed concerns about the proposal and public comments received
on the matter and requested this item be postponed to the next City Council meeting in order for
staff to meet with the residents to address their concerns.
City Manager Adams responded to concerns expressed by the Parkside Village residents,
explained the Supplement to the Final Engineer's Report, and clarified the basis for the
reduction.
Action: Mayor Pro Tern Brown moved to postpone this Item to the next City Council meeting.
Council Member Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Guthrie, Ray, Ferrara
NOES: None
ABSENT: Costello
8.1. Consideration of an Award of Contract to American Asphalt South, Inc. for
Construction of the 2012 Street Resurfacing Project, PW 2012-05.
Recommended Action: 1) Award a contract for the 2012 Street Resurfacing Project to
American Asphalt South, Inc. in the amount of $689,712; 2) Authorize the City Manager
to approve change orders up to $25,000, for unanticipated costs during the construction
phase of the project; and 3) Appropriate an additional $30,000 for the project from the
Local Sales Tax balance.
Council Member Ray expressed concerns regarding the recommended transfer of $60,000
which has been allocated for future property acquisition for the Le Point Street parking lot
project.
City Manager Adams explained funding recommendations based on priorities identified in the
City's Critical Needs Action Plan.
Motion: Council Member Guthire moved to approve Item 8.1., with the recommended courses of
action. Mayor Ferrara seconded, and the motion resulted in a tie on the following roll-call vote:
AYES: Guthrie, Ferrara
NOES: Brown, Ray
ABSENT: Costello
The tie vote resulted in no action on this item.
Council Member Ray recommended staff find another funding source or cut the scope of work
for the project by $60,000.
10. CONTINUED BUSINESS
10.a. Consideration of a Resolution to Grant a Designated Period for Two Years
Additional Service Credit with the California Public Employees' Retirement
System for the Classification of Maintenance Services Lead Person and
Maintenance Services Supervisor.
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Tuesday, June 12, 2012
Administrative Services Director Kraetsch presented the staff report and recommended that the
Council: 1) Approve and authorize the Mayor to sign on behalf of the City a Resolution to grant
a designated period for two years additional service credit with the California Public Employees'
Retirement System for the classification of Maintenance Services Lead Person and for the
classification of Maintenance Services Supervisor; and 2) Authorize the Mayor to sign the
Certification of Compliance pursuant to Government Code Section 20903.
Mayor Ferrara opened the public comment period. No public comments were received.
Action: Mayor Pro Tern Brown moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO GRANT ANOTHER
DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT FOR THE
CLASSIFICATION OF MAINTENANCE SERVICES SUPERVISOR". Council Member Ray
seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Ray, Guthrie, Ferrara
NOES: None
ABSENT: Costello
Action: Mayor Pro Tern Brown moved to approve a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO GRANT ANOTHER
DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT FOR THE
CLASSIFICATION OF MAINTENANCE SERVICES LEAD PERSON". 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
9.a. Consideration of Proposed City Charter Ballot Measure.
City Manager Adams presented the staff report and recommended that the Council: 1) Hold a
public hearing on the proposed City Charter; 2) Receive community comments and suggestions
and provide direction on any changes to the second draft of the proposed Charter; and 3) Direct
staff to proceed with the process of placing a measure on the ballot at the election to be held on
November 6, 2012 to approve a City Charter.
Staff responded to questions from Council.
Mayor Ferrara opened the public hearing. Speaking from the public were Steve Weiner, Tri
Counties Building and Construction Trade Council; Walt Mankins, Tri Counties Building and
Construction Trade Council; Dan Calvucchi, Smart Cities Prevail; David Baldwin, Business
Representative, Cement Masons Local Union 600; Jim Conway;; Steve Ross, Garden Street;
John Keen, N. Elm Street; and Brent Jenkins.
Hearing no further comments, Mayor Ferrara closed the public hearing period.
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Tuesday, June 12, 2012
Council comments and discussion ensued regarding the concept of a Charter City; concern with
the accelerated process and the need for more public input and participation; that the potential
savings as a result of becoming a Charter City are not entirely known; concern about putting a
Charter City measure on the ballot without seeking public opinion first; concerns about the
prevailing wage provision and the pending outcome of the Supreme Court case. Council
Members commented in support of the concept of a Charter City but expressed concerns about
the timing of putting it on the November 2012 ballot.
Following discussion, City Manager Adams recommended the Council direct staff to return to
the Council on July 10'h with a proposed process for moving forward.
Action: Council Member Ray moved to direct staff to return to Council on July 10°' with a
process for moving forward. Council Member Guthrie seconded, and the motion passed on the
following roll-call vote:
AYES: Ray, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
11. NEW BUSINESS
None.
12. CITY COUNCIL MEMBER ITEMS
12.a. Request to Consider Healthy Active Living Cities Campaign. (FERRARA)
Mayor Ferrara requested, and the Council concurred, to direct staff to place on a future Agenda
information and a resolution supporting the Healthy Active Living Cities Campaign.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Mayor Pro Tern Brown commented on complaints that have been made regarding the potholes
under the bridge at Brisco Road. City Manager Adams provided an update.
Mayor Ferrara referred to an article in Western Cities magazine about website transparency and
noted a copy would be available at City Hall for Council review.
15. STAFF COMMUNICATIONS
City Manager Adams announced that the City launched a profile on the Strong Cities Strong
State City website. He also reported that he met with the architect on alternatives for the police
building project and would be coming to Council in September to present those alternatives.
16. COMMUNITY COMMENTS AND SUGGESTIONS
Steve Ross, Garden Street, spoke regarding the urban area designation as it relates to public
transportation; and David Baldwin commented on private companies and unions.
17. ADJOURN TO CLOSED SESSION
•
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Tuesday, June 12, 2012
18. CLOSED SESSION
I
At 9:17 p.m., the City Council met in Closed Session to discuss the following item:
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiator: Steven Adams, City Manager
Represented Employees: Service Employees International Union (SEIU)
Local 620
19. RECONVENE TO OPEN SESSION
The City Council reconvened to open session and City Attorney Carmel announced that there
was no reportable action.
20. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:22 p.m.
Tony Ferr. -•, ayor
ATTEST:
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Kelly W. more Cu .Clerk
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