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CC 2013-05-14_08.b. Approval of Minutes 04-23-13ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 23, 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. 2. ROLL CALL City Council: Council Member Jim Guthrie, Council Member Caren Ray, Council Member Tim Brown, Mayor Pro Tern Costello, and Mayor Tony Ferrara were present. 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, and Chief of Police Steve Annibali. 3. FLAG SALUTE Tom Apkarian, representing Arroyo Grande Rotary Club, led the Flag Salute. 4. INVOCATION Pastor Ron Dee, Harvest Church, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements: Mayor Ferrara reported that on Tuesday, March 26, 2013, after meeting in Closed Session regarding the following items, the Council reconvened into open session and City Attorney Carmel announced that no reportable action was taken: Conference with F 54956.8: Property: Agency Negotiator: Negotiating Party: Under Negotiation: teal Property Negotiator pursuant to Government Code Section APN: 077 - 201 -012; Located at 224 S. Halcyon Road Steven Adams, City Manager Tierra Pacific Development, LLC A CA Price, Terms and Conditions of Potential Purchase 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. 6. SPECIAL PRESENTATIONS 6.a. Honorary Proclamation Declaring April 26, 2013 as "Arbor Day ". Mayor Pro Tem Costello presented an Honorary Proclamation declaring April 26, 2013 as "Arbor Day ". Scott Dowlan, representing Tree Guild of Arroyo Grande, accepted the Proclamation. Item 8.b. - Page 1 Minutes: City Council Page 2 Tuesday, April 23, 2013 6.b. Honorary Proclamation Declaring May 2013 as "Bike Month" and May 13 -17, 2013 as "Bike to Work and School Week" Mayor Pro Tern Costello read an Honorary Proclamation declaring May 2013 as "Bike Month" and May 13 -17, 2013 as "Bike to Work and School Week" and announced the Proclamation would be forwarded to SLO County Rideshare. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS None. 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: Mayor Pro Tern Costello moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Brown, Ray, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 16, 2013 through April 15, 2013. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of March 31, 2013, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of March 26, 2013, as submitted. 8.d. Consideration of Cancellation of July 23, 2013 City Council Meeting. Action: Cancelled the regularly scheduled Council meeting of July 23, 2013. 8.e. Consideration of Appropriation and Payment to the California Joint Powers Insurance Authority for Liability Coverage. Action: Appropriated and approved the payment of $202,903 to the California Joint Powers Insurance Authority to pay the balance of the City's liability coverage retrospective adjustment. 8.f. Consideration of an Award of Contract to J.J. Fisher Construction, Inc. for Construction of the 2013 Concrete Repair Project, PW 2013 -01. Action: 1) Awarded a contract for construction of the 2013 Concrete Repair Project to J.J. Fisher Construction, Inc. in the amount of $41,469; 2) Authorized the City Manager to approve change orders for 20% of the contract amount, $8,294, for additional work and unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. Item 8.b. - Page 2 Minutes: City Council Tuesday, April 23, 2013 Page 3 8.g. Consideration of an Agreement for Contractor Services with KD Janni Landscaping, Inc. for Landscape Maintenance Services at Various City Locations. Action: 1) Approved an Agreement for Contractor Services with KD Janni Landscaping, Inc. for landscape maintenance services in the amount of $43,212; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $4,321, for additional work annually during the term of the agreement; and 3) Authorized the City Manager to extend the agreement for two additional one -year terms upon mutual agreement. 8.h. Consideration to Declare Surplus Property. Action: Adopted Resolution No. 4519 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS TO BE SURPLUS AND AUTHORIZING THE ITEMS FOR SALE, DONATION OR DISPOSAL ". 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS 10.a. Consideration of Police Station Upgrade Conceptual Plan, Agreement for Consultant Services, and Purchase and Sale Agreement for Property at 270 N. Halcyon Road. City Manager Adams presented the staff report and recommended that the Council: 1) approve the Police Station Upgrade Conceptual Plan and direct staff to proceed; 2) approve and authorize the City Manager to execute an Agreement for Consultant Services with IBI Group for a not to exceed amount of $145,800; 3) approve and authorize the City Manager to execute a Purchase and Sale Agreement for the acquisition of the property at 270 N. Halcyon Road for $325,000; 4) direct staff to prepare alternatives and recommendations regarding expansion of employee parking, including options involving both the preservation and removal of eucalyptus trees on the adjacent property; and 5) authorize the use of future Local Sales Tax funds previously programmed for debt service for the Police Station project to fund an Investigations Senior Officer position. Chief Annibali presented additional information regarding the staffing proposal. Craig Atkinson, consultant architect, presented an overview of the proposed police facility addition and improvements. Council asked questions of staff regarding the Emergency Operation Center, revenue from the sale of the vacant lots, crime statistics, parking, relocation of staff, and potential widening of the street. Mayor Ferrara opened the public comment period. Hearing no comments, the public comment period was closed. Item 8.b. - Page 3 Minutes: City Council Page 4 Tuesday, April 23, 2013 Council Member Ray commented that while she had no issues with the architect, she could not support the recommendation to approve the Agreement with IBI Group due to the fact that the request for proposals (RFP) process was not used; could not support the conceptual plan which is related to the architect agreement; supported the Purchase and Sale Agreement for the property at 270 N. Halcyon Road; could not support any alternatives that would remove trees from the site; and that she could not support the use of local sales tax funds to fund the police position on a long -term basis and that another funding source should be identified. Action: Council Member Guthrie moved to approve the Police Station upgrade conceptual plan and direct staff to proceed. Mayor Pro Tem Costello seconded, and the motion passed on the following roll -call vote: AYES: Guthrie, Costello, Brown, Ferrara NOES: Ray ABSENT: None Action: Council Member Guthrie moved to approve and authorize the City Manager to execute an Agreement for Consultant Services with IBI Group for a not to exceed amount of $145,800. Mayor Pro Tern Costello seconded, and the motion passed on the following roll -call vote: AYES: Guthrie, Costello, Ferrara NOES: Ray, Brown ABSENT: None Action: Mayor Pro Tern Costello moved to approve and authorize the City Manager to make necessary modifications to and execute a Purchase and Sale Agreement for the acquisition of the property at 270 N. Halcyon Road for $325,000. Council Member Guthrie seconded, and the motion passed on the following roll -call vote: AYES: Costello, Guthrie, Ray, Brown, Ferrara NOES: None ABSENT: None Action: Council Member Guthrie moved to direct staff to prepare alternatives and recommendations regarding expansion of employee parking, including options involving both the preservation and removal of eucalyptus trees on the adjacent property. Mayor Pro Tern Costello seconded, and the motion passed on the following roll -call vote: AYES: Guthrie, Costello, Brown, Ferrara NOES: Ray ABSENT: None Action: Mayor Pro Tern Costello moved to authorize the use of future Local Sales Tax funds previously programmed for debt service for the Police Station project to fund an Investigations Senior Officer position, and to review the funding source for the position in one year. Council Member Guthrie seconded, and the motion passed on the following roll -call vote: Item 8.b. - Page 4 Minutes: City Council Page 5 Tuesday, April 23, 2013 AYES: Costello, Guthrie, Ray, Brown, Ferrara NOES: None ABSENT: None Mayor Ferrara called for a break at 7:50 p.m. Council reconvened at 7:59 p.m. Mayor Pro Tern Costello announced that Mayor Ferrara left the meeting due to an illness. 11. NEW BUSINESS 11.a. Consideration of Ordinance Establishing the Arroyo Grande Tourism Business Improvement District (AGTBID). City Manager Adams presented the staff report and recommended the Council introduce an Ordinance establishing the Arroyo Grande Tourism Business Improvement District, fixing the boundaries thereof, and providing for the levy of a business assessment to be paid by lodging businesses in such district. City Attorney Carmel referred to the supplemental information distributed to Council and explained that minor modifications were made to the proposed Ordinance which are intended to emphasize that assessment funds will be used for the benefit of the local lodging industry. Mayor Pro Tern Costello opened the public comment period. Hearing no comments, the public comment period was closed. Action: Council Member Ray moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT, FIXING THE BOUNDARIES THEREOF, AND PROVIDING FOR THE LEVY OF A BUSINESS ASSESSMENT TO BE PAID BY LODGING BUSINESSES IN SUCH DISTRICT ". Mayor Pro Tern Costello seconded, and the motion passed on the following roll -call vote: AYES: Ray, Guthrie, Brown, Costello NOES: None ABSENT: Ferrara 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: (ABSENT) (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) Item 8.b. - Page 5 Minutes: City Council Tuesday, April 23, 2013 (b) Mayor Pro Tern Costello: (1) Air Pollution Control District (APCD) (2) Five Cities Fire Authority (FCFA) (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 None. Page 6 16. STAFF COMMUNICATIONS City Manager Adams reminded the Council of the Volunteer Banquet to be held on May 3rd; that May is Bike Month; that May 29th will be a work day in the City in conjunction with Arroyo Grande High School students; and a Special City Council Meeting would be held on May 20th at 6:00 p.m. to consider the Preliminary FY 2013 -14 & 2014 -15 Budget. 17. COMMUNITY COMMENTS AND SUGGESTIONS None. 18. ADJOURN TO CLOSED SESSION Mayor Pro Tern Costello invited public comment on the closed session items. No public comments were received. At 7:01 p.m., Mayor Pro Tern Costello adjourned the open session in memory of Greg DeNike, 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 Item 8.b. - Page 6 Minutes: City Council Tuesday, April 23, 2013 Page 7 b. Conference With Labor Negotiator pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams, City Manager Represented Employees: Service Employees International Union, Local 620 c. Conference With Labor Negotiator pursuant to Government Code Section 54957.6: Agency Negotiator: Steve Adams, City Manager Unrepresented Employees: Management Employees 20. RECONVENE TO OPEN SESSION 21. ADJOURNMENT Mayor Pro Tern adjourned the meeting at 8:40 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Item 8.b. - Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.b. - Page 8