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CC 2013-06-25 Agenda Summary City Council Steven Adams, City Manager Timothy J. Carmel, City Attorney Kelly Wetmore, City Clerk Tony Ferrara, Mayor Joe Costello, Mayor Pro Tem Jim Guthrie, Council Member Caren Ray, Council Member Tim Brown, Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, JUNE 25, 2013 6:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 6:00 P.M. 2. ROLL CALL 3. FLAG SALUTE: ARROYO GRANDE VALLEY KIWANIS 4. INVOCATION: CONGREGATION BETH DAVID PARA-RABBINIC FELLOW JARED SHARON 5. AGENDA REVIEW: 5.a. Closed Session Announcements: None. 5.b. Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived 6. SPECIAL PRESENTATIONS: None. Agenda AGENDA SUMMARY – JUNE 25, 2013 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: ♦ Direct City staff to assist or coordinate with you. ♦ A Council Member may state a desire to meet with you. ♦ It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: ♦ Comments should be limited to 3 minutes or less. ♦ Your comments should be directed to the Council as a whole and not directed to individual Council members. ♦ Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. 8.a. Consideration of Cash Disbursement Ratification (MALICOAT) Recommended Action: Ratify the listing of cash disbursements for the period June 1, 2013 through June 15, 2013. 8.b. Consideration of Statement of Investment Deposits (MALICOAT) Recommended Action: Receive and file the report listing the current investment deposits of the City, as of May 31, 2013, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Cost Allocation Plan (MALICOAT) Recommended Action: Approve the Fiscal Year 2013-14 Cost Allocation Plan. 8.d. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council Meeting of June 11, 2013, as submitted. AGENDA SUMMARY – JUNE 25, 2013 PAGE 3 8. CONSENT AGENDA (cont’d): 8.e. Consideration of Approval of a Second Amendment to Land Lease Agreement with New Cingular Wireless (a subsidiary of AT&T Mobility) (ADAMS) Recommended Action: Approve a Second Amendment to Land Lease Agreement with New Cingular Wireless PCS, LLC, a subsidiary of AT&T Mobility, for the operation of a telecommunications facility located at 1275 Ash Street. 8.f. Consideration of an Agreement for Contract Maintenance Services with Executive Janitorial, Inc. for Custodial Maintenance Services for Park Restrooms and Public Trash Can Emptying Services (ENGLISH) Recommended Action: 1) Approve an Agreement for Contract Maintenance Services with Executive Janitorial, Inc. for custodial maintenance services in the amount of $41,280; 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $4,128, for additional work annually during the term of the agreement; and 3) Authorize the City Manager to extend the agreement for two additional one-year terms upon mutual agreement. 8.g. Consideration of a Resolution Updating the Pay Range for the Part-Time Building Coordinator, Maintenance Worker and Custodian Positions (ENGLISH) Recommended Action: Adopt a Resolution adjusting the pay range for the part-time Building Coordinator, part-time Maintenance Worker and the Custodian positions. 8.h. Consideration of an Award of Contract to Brough Construction, Inc. for Construction of the Montego Street North Sidewalk, Phase II Project, PW 2013- 02 (McCLISH) Recommended Action: 1) Award a contract for construction of the Montego Street Sidewalk, Phase II Project to Brough Construction, Inc. in the amount of $137,486; and 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $43,562, for unanticipated costs during the construction phase of the project. 8.i. Consideration of Acceptance of the El Camino Real Rehabilitation and Enhancement Project, PW 2008-09 and Approval of Amendment to Agreement for Consultant Services Related Thereto (McCLISH) Recommended Action: 1) Accept the project improvements as constructed by Brough Construction Company in accordance with the plans and specifications for the El Camino Real Rehabilitation and Enhancement Project; 2) Direct staff to file a Notice of Completion; 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed; 4) Approve a Sixth Amendment to the Agreement for Consultant Services with North Coast Engineering for the subject project; 5) Approve a First Amendment to the Agreement for Consultant Services with Earth Systems Pacific for the subject project; 6) Authorize the Mayor to execute the amendments; and 7) Appropriate $35,000 from the Local Sales Tax Fund. AGENDA SUMMARY – JUNE 25, 2013 PAGE 4 8. CONSENT AGENDA (cont’d): 8.j. Consideration of Development Code Amendment 13-002; Location – Citywide; Applicant – City of Arroyo Grande; Adoption of an Ordinance Amending Sections 16.04.070 and 16.44.050 of the City of Arroyo Grande Municipal Code Regarding Floodplain Management (McCLISH) Recommended Action: Adopt an Ordinance amending Sections 16.04.070 and 16.44.050 of the City of Arroyo Grande Municipal Code regarding floodplain management. 8.k. Consideration of Adoption of an Ordinance Approving Development Code Amendment 13-001; Location – Gateway Mixed-Use Zoning District and 1205 East Grand Avenue (Arroyo Grande Shopping Center); Applicant – Grand and Elm Properties, LP (McCLISH) Recommended Action: Adopt an Ordinance approving Development Code Amendment 13-001 allowing drive-through retail within shopping centers with three or more major tenants in the Gateway Mixed-Use zoning district. 9. PUBLIC HEARINGS: 9.a. Consideration of Development Code Amendment 13-003 to Implement a Mills Act Program, Approval of a Historical Preservation Award Program, Authorization for Additional Historic Surveys, and Waiver of the Application Fee for Historic Designation Applications for One Year Location – Citywide; Applicant – City of Arroyo Grande (McCLISH) Recommended Action: 1) Introduce an Ordinance amending section 16.16.135 of the Arroyo Grande Municipal Code regarding Mills Act contracts for historic properties and amending the designation process to eliminate the Architectural Review Committee recommendation requirement (Development Code Amendment Case No. 13-003); and 2) Adopt a Resolution establishing the Mills Act Historic Resource Protection Tax Incentive Program; 3) Adopt a Resolution establishing the Historic Preservation Award Program; 4) Appropriate $10,000 from the General Fund unappropriated fund balance for historic surveys; and 5) Waive the application fee for Historic Designation Applications for a period of one year. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of an Ordinance Electing to Have Delinquent Solid Waste Collection and Disposal Service Charges Collected on Tax Roll (CARMEL) Recommended Action: Introduce an Ordinance electing to have delinquent solid waste collection and disposal service charges collected on the property tax roll. AGENDA SUMMARY – JUNE 25, 2013 PAGE 5 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (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) Other (b) MAYOR PRO TEM COSTELLO: (1) Air Pollution Control District (APCD) (2) Five Cities Fire Authority (FCFA) (3) Other (c) COUNCIL MEMBER GUTHRIE: (1) South County Area Transit (SCAT) (2) Homeless Services Coordinating Council (HSOC) (3) Other (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 (5) Other (e) COUNCIL MEMBER BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) (3) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a. Request to Consider Policy to Install Dark Fiber or Conduit whenever Trenching is Done (RAY) 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. None. AGENDA SUMMARY – JUNE 25, 2013 PAGE 6 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURN TO CLOSED SESSION: Prior to adjournment to Closed Session, any member of the public who wishes to comment on any Closed Session item may do so at this time. 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 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 AGENDA SUMMARY – JUNE 25, 2013 PAGE 7 ************************* All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ************************ This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org ************************** City Council Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. THIS PAGE INTENTIONALLY LEFT BLANK