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08.b. MinutesMINUTES SPECIAL MEETING OF THE ClTY COUNCIL TUESDAY, AUGUST 14,2012 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. ROLL CALL: Mayor Tony Ferrara called the special meeting to order at 5:30 p.m. Council Member Joe Costello, Council Member Jim Guthrie, Council Member Caren Ray, Mayor Pro Tem Tim Brown, City Manager Steven Adams and City Attorney Timothy Carrnel were present. 2. PUBLIC COMMENT: None. 3. ClTY COUNCIL CLOSED SESSION: a. CONFERENCE WlTH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Deborah Glasser Kolly Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) b. CONFERENCE WlTH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams, City Manager Represented Employees: Service Employees International Union (SEIU) c. CONFERENCE WlTH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams, City Manager Unrepresented Employees: Management Employees d. CONFERENCE WITH LEGAL COLINSEL - INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c): Number of potential cases: 1 4. RECONVENE TO OPEN SESSION: Mayor Ferrara announced that there was no reportable action from the closed session. 5. ADJOURNMENT: The meeting was adjourned at 6:00 p.m. Item 8.b. - Page 1 Minutes of City Council Special Meeting August 14, 2012 Page 2 Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Item 8.b. - Page 2 ACTION MINUTES SPECIAL MEETING OF 'THE CITY COUNCIL TUESDAY, AUGUST 21,201 2 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Special City Council meeting to order at 5:02 p.m. 2. ROLL CALL City Council: Council Member Caren Ray, Council Member Jim Guthrie, Council Member Joe Costello, Mayor Pro Tem Tim Brown, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, Assistant City Attorney David Hirsch, and Deputy City Clerk Kitty Norton were present. 3. FLAG SALUTE Mayor Ferrara led the Flag Salute. 4. PUBLIC COMMENT No public comments were received. 5. CONSIDERATION OF APPOINTMENT OF OFFICERS AND CANCELLATION OF THE NOVEMBER 6,2012 CONSOLIDATED GENERAL MUNICIPAL ELECTION. Assistant City Attorney Hirsch explained that he had received from the FPPC conflict of interest requirements regarding self appointment and responded to questions from Council. The three (3) Council members with potential conflicts of interest related to self appointment (Council Members Guthrie, Ray, and Mayor Ferrara) drew straws to determine who would participate in the item. Mayor Ferrara remained to participate in the item and Council Members Ray and Guthrie stepped down. Deputy City Clerk Norton presented the staff report and recommended that the City Council adopt a Resolution providing for the appointment to the offices of the City of Arroyo Grande that were to be elected on Tuesday, November 6, 2012 and canceling the Consolidated General Municipal Election. Mayor Ferrara invited public comment on the item. There were no comments received and the public comment period was closed. Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THE CITY OF ARROYO GRANDE THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 6, 2012". Mayor Pro Tem Brown seconded, and the motion passed on the following roll-call vote: Item 8.b. - Page 3 Minutes: Special City Council Meeting Tuesday, August 21,2012 Page 2 AYES: Costello, Brown, Ferrara NOES: None ABSENT: Guthrie, Ray Council Members Guthrie and Ray re-entered the room and took their seats at the dais. 6. ADJOURNMENT Mayor Ferrara adjourned the meeting at 5:12 p.m. to the Regular City Council Meeting to be held on August 28, 2012 at 6:00 p.m. in the Council Chambers. Tony Ferrara, Mayor ATTEST: Kitty Norton, Deputy City Clerk (Approved at CC Mtg ) Item 8.b. - Page 4 ACTION MINUTES REGULAR MEETING OF 'THE CITY COUNCIL TUESDAY, AUGUST 28,2012 COLlNClL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 6:00 p.m. 2. ROLL CALL City Council: Council Member Caren Ray, Council Member Jim Guthrie, Mayor Pro Tem Tim Brown, and Mayor Tony Ferrara were present. Council Member Joe Costello was absent. City Staff Present: City Attorney Timothy Carmel, Director of Legislative and Information Servicestcity Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, and Community Development Director Teresa McClish. 3. FLAG SALUTE Terry Orton, representing the Arroyo Grande Lions Club, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. AGENDA REVIEW None. 5.b. Ordinances Read in Title Only. Mayor Pro Tem 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. 6. SPECIAL PRESENTATIONS None. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS There were no public comments received. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. There were no comments received and the public comment period was closed. Action: Council Member Guthrie moved, and Council Member 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.e. The motion passed on the following roll-call vote: AYES: Guthrie, Ray, Brown, Ferrara NOES: None ABSENT: Costello Item 8.b. - Page 5 Minutes: City Council Tuesday, August 28, 2012 Page 2 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 1, 2012 through August 15,201 2. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of July 31, 2012, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Successor Agency meeting of August 14, 2012, as submitted. 8.d. Consideration of Acceptance of the Sewer Lift Station No. 3 Station Upgrade Project, PW 201 0-1 0. Action: 1) Accepted the project improvements as constructed by Hanly General Engineering, Inc. in accordance with the plans and specifications for the Sewer Lift Station No. 3 Upgrade 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.e. Consideration of Development Code Amendment 12-003; Citywide; Adoption of Ordinance Amending Portions of Title 16 of the Arroyo Grande Municipal Code Regarding Setbacks Between Habitable Structures on Adjacent Lots, Separate Utility Meters for Second Dwelling Units, Temporary Use Permit Fee Waiver Authority for Nonprofitlcharitable Events, and Miscellaneous Signs. Action: Adopted Ordinance No. 645 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING SETBACKS BETWEEN HABITABLE STRUCTURES ON ADJACENT LOTS, SEPARATE UTILITY METERS FOR SECONDARY DWELLING UNITS, TEMPORARY USE PERMIT FEE WAIVER AUTHORITY FOR NONPROFIT/CHARITABLE EVENTS, AND MISCELLANEOUS SIGNS". 8.f. Consideration of Changes to Appointment of Council Members to the Zone 3 Water Advisory Board. Action: Approved the appointment of Council Member Ray to the Zone 3 Water Advisory Board and Council Member Costello as the Alternate. 9. PLlBLlC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11 .a. Consideration of a Resolution Approving a Memorandum of Agreement Regarding Sphere of Influence Update and Municipal Service Review. Community Development Director McClish presented the staff report and recommended that the City Council: 1) Adopt a Resolution approving a Memorandum of Agreement (MOA) between the City of Arroyo Grande and the County of San Luis Obispo regarding the Local Item 8.b. - Page 6 Minutes: City Council Tuesday, August 28,201 2 Page 3 Agency Formation Commission's update of the City's Sphere of lnfluence (SOI) and Municipal Service Review (MSR); and 2) Provide any additional comments regarding the Draft SO1 and MSR. David Church, Executive Officer, LAFCO, gave a presentation regarding the Sphere of lnfluence Update and Municipal Service Reviews, and responded to questions from Council. Council Member Ray referred to a statement in a LAFCO Study Session document that Oceano Community Services District can transfer water to Arroyo Grande from its allocation of State water or groundwater. She requested that the reference to State water be deleted. Staff agreed and replied that comment has been passed on to LAFCO. Mayor Ferrara opened the public comment period. There were no comments received, and the public comment period was closed. Council comments ensued in support of the proposed MOA. Action: Mayor Pro Tem Brown moved to adopt a Resolution entitled: "A RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO RELATING TO HE LOCAL AGENCY FORMATION COMMISSION PROCEEDINGS TO UPDATE THE SPHERE OF INFLUENCE AND MUNICIPAL SERVICE REVIEWJJ. Council Member Ray seconded, and the motion passed on the following roll-call vote: AYES: Brown, Ray, Guthrie, Ferrara NOES: None ABSENT: Costello 12. ClTY 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 GovernmentsISan Luis Obispo Regional Transit Authority (SLOCOGISLORTA). (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Economic Development Element Update Committee (b) Mayor Pro Tem Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC). (c) Council Member Costello: (ABSENT) Item 8.b. - Page 7 Minutes: City Council Tuesday, August 28, 2012 (d) Council Member Guthrie: (1) South County Area Transit (SCAT) (2) Homeless Services Coordinating Council (HSOC) (3) Economic Development Element Update Committee (e) Council Member Ray: (1) Economic Vitality Corporation (EVC) (2) California Joint Powers Insurance Authority (CJPIA) (3) Tourism Committee 13. ClTY COUNCIL MEMBER ITEMS None. 14. ClTY MANAGER ITEMS None. 15. COUNCIL COMMLlNlCATlONS None. 16. STAFF COMMUNICATIONS None. 17. COMMUNITY COMMENTS AND SUGGESTIONS None. 18. CLOSED SESSION None. 29. ADJOURNMENT Mayor Ferrara adjourned the meeting at 6:34 p.m. Tony Ferrara, Mayor ATTEST: Page 4 Kelly Wetmore, City Clerk (Approved at CC Mtg ) Item 8.b. - Page 8