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CC 2013-03-12_08.b. Approval of Minutes 02-26-13ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 26, 2013 COUNCIL 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. Pursuant to Government Code Section 54953(b), Mayor Ferrara announced that the Council meeting would include teleconference participation by Mayor Pro Tem Costello on Item 11.a. from the Marriott Courtyard San Diego Central, 8651 Spectrum Center Blvd, San Diego, CA 92123. He also noted that the Notice and Agenda was posted at the teleconfer ence location and public comment from this address would be allowed pursuant to Government Code Section 54954.3. 2. ROLL CALL City Council: Council Member Caren Ray, Council Member Tim Brown, Council Member Jim Guthrie, and Mayor Tony Ferrara were present. Mayor Pro Tem 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, Interim Director of Administrative Services Ryan Cornell, Director of Community Development Teresa McClish, Associate Planner Kelly Heffernon and Commander Beau Pryor. 3. FLAG SALUTE Members of the El Camino 4-H, led the Flag Salute. 4. INVOCATION Pastor David Burgeson, First United Methodist Church, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements : On Tuesday, February 12, 2013, met in Closed Session regarding: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Name of Case: Kimberely Martin v. Ar royo Grande Police Department, et al Superior Court of California, County of San Luis Obispo Case No. CV 100538 City Attorney Carmel announced that the Council approved a release of claims in the Martin vs. Arroyo Grande matter. The material terms we re a $162,500 payment from the California Joint Powers Insurance Authority and dismissal of all pending adverse employment actions. 5.b. 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. Item 8.b. - Page 1 Minutes: City Council Page 2 Tuesday, February 26, 2013 6. SPECIAL PRESENTATIONS 6.a. Recognition of Outgoing Architectural Review Committee Member Kyle Harris and Outgoing Parks and Recreation Commissioner Julie Zachrich. Mayor Ferrara recognized the following outgoing Commissioner and Board Member and presented them with City plaques acknowledging t heir service to the community: Architectural Review Committee Member Kyle Harris (2008-2013) and Parks and Recreation Commissioner Julie Zachrich (2009-2013). 6.b. Honorary Proclamation Supporting the Start By Believing Public Awareness Campaign. Mayor Ferrara presented an Honorary Proclamation supporting the Start By Believing Public Awareness Campaign to Commander Beau Pryor, who accepted on behalf of the Sexual Assault Recovery and Prevention Center (SARP). 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS No public comments were 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. Council Member Brown pulled Item 8.i. Action : Council Member Guthrie moved, and Council Member Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of 8.i., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.d. The motion passed on the following roll-call vote: AYES: Guthrie, Ray, Brown, Ferrara NOES: None ABSENT: Costello 8.a. Consideration of Cash Disbursement Ratification. Action : Ratified the listing of cash disbursements for the period February 1, 2013 through February 15, 2013. 8.b. Consideration of Statement of Investment Deposits. Action : Received and filed the report listing the cu rrent investment deposits of the City, as of January 31, 2013, 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 February 12, 2013, as submitted. 8.d. Consideration of Adoption of an Ordinance Amending Title 2 (Administration and Personnel) of the Arroyo Grande Municipal Code. Action : Adopted Ordinance No. 650 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 2 Item 8.b. - Page 2 Minutes: City Council Page 3 Tuesday, February 26, 2013 (ADMINISTRATION AND PERSONNEL) OF THE ARROYO GRANDE MUNICIPAL CODE”. 8.e. Consideration of Resolution Authorizing Use of Salary Range 34 for a Police Officer Position. Action : Adopted Resolution No. 4513 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RATIFYING AND APPROVING USE OF A SALARY RANGE RELATED TO THE HIRING OF POLICE OFFICER PHILIP DOLLMAN”. 8.f. Consideration of Council Appointment to Historical Resources Committee. Action : Approved the recommendation of Mayor Pro Tem Joe Costello to appoint Vincent Allan to the Historical Resources Committee. 8.g. Consideration of Approving a One-Year Contract Extension to Waterboys Plumbing, Inc. for the Plumbing Retrofit Program. Action : 1) Approved a one-year contract extensi on to Waterboys Plumbing, Inc. in the amount of $90,204.50; and 2) Authorized the Mayor to execute the contract. 8.h. Consideration of Acceptance of the 2012 Citywide Digout Project, PW 2012-03. Action : 1) Accepted the project improvements as constructed by Ferravanti Grading and Paving, Inc. in accordance with the plans and specifications for the 2012 Citywide Digout 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.j. Consideration to Approve Final Tract Map 3037; Accept the Open Space Agreement Granting an Open Space Easement to the City of Arroyo Grande; Approve the Restrictive Covenant; and Approve the Affordable Housing Agreement. Action : 1) Approved Final Tract Map 3037 Adjusting Lot Lines for Seven (7) existing non-conforming residential lots with an approximate 13,378 square foot open space easement for the protection of oak trees; 2) Accepted the Open Space Agreement Granting an Open Space Easement to the City of Arroyo Grande; 3) Approved the Restrictive Covenant and authorized the City Manager to execute the Agreement; and 4) Approved the Affordable Housing Agreement and authorize the City Manager to execute the Agreement. ITEMS PULLED FROM THE CONSENT AGENDA 8.i. Consideration of Amendments to the Consultant Services Agreements with The Wallace Group and WSC Consultants. Recommended Action: 1) Approve Amendment No. 1 to the agreements with Wallace Group and WSC Consultants for on-call engineering consultant services; and 2) Approve a transfer of $10,000 from the Water Fund. Council Member Brown expressed concerns about future consulting engineering projects with significant cost components not coming back to Council for review and approval. City Manager Adams suggested a detailed report on consultant engineering expenses be included with budget status reports which would include consultant name, project, budget, amount expended on project, and total amount expended. Item 8.b. - Page 3 Minutes: City Council Page 4 Tuesday, February 26, 2013 Action : Council Member Brown moved to approve staff’s recommendation, as amended to direct staff to provide quarterly budget status reports on consultant engineering expenses. 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 Community Developmen t Block Grant Projects for Year 2013. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving projects to be funded with the City’s allocation of CDBG funds for the Year 2013. Mayor Ferrara opened the public hearing. Speaking from the public in support of staff’s recommendations for funding were Grace McIntosh, CAPSLO (Maxine Lewis Memorial Shelter); and David Ryal, Mission Community Services. Hearing no further comments, Mayor Ferrara closed the Public Hearing. Action : Council Member Guthrie moved adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS FOR YEAR 2013”. Council Member Ray seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Ray, Brown, Ferrara NOES: None ABSENT: Costello 10. CONTINUED BUSINESS None. 11. NEW BUSINESS Mayor Ferrara called for a break at 6:45 p.m. and announced that staff would be contacting Mayor Pro Tem Costello so that he could participate via teleconference in Item 11.a. Mayor Ferrara reconvened the meeting at 6:55 p.m. Mayor Pro Tem Costello joined the meeting via teleconference at 6:56 p.m. 11.a. Consideration of the Five Cities Fire Authority Special Financing District Feasibility Study by NBS. Chief Aranaz presented the staff report and NBS consultant Adina Light provided an overview of the Feasibility Study and recommended that the City Council: 1) Receive the Feasibility Study and Report from NBS, 2) Provide direction to the Five Cities Fire Authority representative to proceed with the process of forming a Parcel Tax; and 3) Provide direction to the Five Cities Item 8.b. - Page 4 Minutes: City Council Page 5 Tuesday, February 26, 2013 Fire Authority representative to create the Parcel Tax without a sunset clause due to the long term, annually recurring obligations funded by t he Parcel Tax and use the average Consumer Price Index for Los Angeles, Riverside and Orange Counties as an automatic escalation factor. Staff then responded to questions from Council. Mayor Ferrara opened the public comment period. Speaking from the public in support of the proposal were FAFA Fire Engineers John King, Eric Lockhart, and Mark Searby. Hearing no further comments, Mayor Ferrara closed the public comment period. Action : Council Member Ray moved to receive the Feasibility Study and Report from NBS and that the following direction be provided to the Five Cities Fire Authority: 1) express support for the concept of the Parcel Tax especially with regard to the other jurisdictions; 2) that we ask for additional staffing analysis as it relates to the proposed annual cost of $1.4 million; 3) that other options are provided that include lower cost options in addition to the current recommendation; 4) ask for staff to bring back recommendations to increase accountability for the expenditures of those monies; 5) that there is no sunset clause built in and to use the recommended CPI options presented in the staff report. Council Member Guthrie seconded. Mayor Ferrara suggested adding 6) an emphasis on public outreach efforts and bringing back a plan for Council review and input. The motion was amended, seconded, and passed on the following roll-call vote: AYES: Ray, Guthrie, Brown, Costello, Ferrara NOES: None ABSENT: None Mayor Pro Tem Costello ceased his participation in the teleconference at 8:55 p.m. 11.b. Consideration of Resolution of Intenti on Related to Establishing the Arroyo Grande Tourism Business Improvement District and Resolution to Establish Advisory Board. City Manager Adams presented the staff report and recommended that the Council: 1) Adopt a Resolution of Intention to establish the Arroyo Grande Tourism Business Improvement District (AGTBID), which will levy an assessment on lodging business within such District, and fix the time and place of a public meeting and a public hearing in accordance with the provisions of Streets and Highways Code Sections 36500 et seq. and Government Code Section 54954.6; and 2) Adopt a Resolution establishing the AGTBID Advisory Board. Mayor Ferrara opened the public comment period. Speaking from the public in support of the proposal was Kevin Barnes, Best Western Casa Grande. Hearing no further comments, Mayor Ferrara closed the public comment period. Action : Council Member Ray moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO ESTABLISH THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT , DECLARING ITS INTENTION TO LEVY AN ASSESSMENT ON LODGING BUSINESSES WITHIN SUCH DISTRICT, AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING Item 8.b. - Page 5 Minutes: City Council Page 6 Tuesday, February 26, 2013 AND A PUBLIC HEARING THEREON AND GIVING NOTICE THEREOF”. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Ray, Guthrie, Brown, Ferrara NOES: None ABSENT: Costello Action : Council Member Ray moved to adopt a resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARRO YO ESTABLISHING THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD”, as amended to modify the date in Section 7.c. from April 30 to March 31. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Ray, Guthrie, Brown, Ferrara NOES: None ABSENT: Costello Mayor Ferrara called for a break at 9:05 p.m. The Council reconvened at 9:10 p.m. 11.c. Consideration of Input to the South Sa n Luis Obispo County Sanitation District Regarding the Potential Expansion of th e Board of Directors to Five Members and Alternating Board Meeting Locations. City Attorney Carmel presented the staff report and explained the current composition of the Board and the need for special legislation to change it. He recommended that the Council provide Mayor Ferrara with input regarding the advantages and disadvantages of expanding the South San Luis Obispo County Sanitation District Board of Directors to five members, and alternating Board meeting locations among member jurisdictions. Mayor Ferrara provided additional information prepared by the District’s legal counsel regarding the need for special legislation to change the makeup of the Board. Mayor Ferrara opened the public comment period. Speaking from the public was Brad Snook, Chair, Surfrider Foundation. Hearing no further comments, Mayor Ferrara closed the public comment period. Following discussion, Council provided Mayor Ferrara with positive feedback with regard to alternating future Board meeting locations among member jurisdictions to encourage and increase attendance. It was further noted that additional information would be forthcoming with regard to expanding the number of members on the Board. No formal action was taken on this item. 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. Item 8.b. - Page 6 Minutes: City Council Page 7 Tuesday, February 26, 2013 (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) (b) Mayor Pro Tem Costello (ABSENT) (c) Council Member Guthrie: (1) South County Area Transit (SCAT) (2) Homeless Services Coordinating Council (HSOC) (d) Council Member Ray: (1) Economic Vitality Corporation (EVC) (2) Zone 3 Water Advisory Board (3) California Joint Powers Insurance Authority (CJPIA) (4) Tourism Committee (e) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS Council Member Ray acknowledged her willingness to serve on the Real Estate Committee. 16. STAFF COMMUNICATIONS None. 17. COMMUNITY COMMENTS AND SUGGESTIONS None. 18. ADJOURN TO CLOSED SESSION At 9:55 p.m., Mayor Ferrara adjourned the open session in honor of the memory of Kaz Ikeda, and the Council proceeded to closed session. 19. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiators: Deborah Glasser Kolly, Steven Adams Represented Employees: Arroyo Grande Police Officers' Association 19. RECONVENE TO OPEN SESSION Item 8.b. - Page 7 Minutes: City Council Page 8 Tuesday, February 26, 2013 20. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:14 p.m. ___________________________________ Tony Ferrara, Mayor ATTEST: _____________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ________________) Item 8.b. - Page 8