CC 2013-07-09_08.e. Approval of CC Minutes 06-25-13ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 25, 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, and Mayor Tony Ferrara were present. Mayor Pro
Tem 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 Debbie Malicoat, Director of Public Works Geoff
English, Director of Community Development Teresa McClish, and
Assistant Planner Aileen Nygaard.
3. FLAG SALUTE
Madeline Poulin, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
4. INVOCATION
Para Rabbinic Fellow Jared Sharon, Congregation Beth David, delivered the invocation.
5. AGENDA REVIEW
None.
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
None.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Maureen Sharon, Five Cities Dog Park Association, commented on a recent Eagle Scout project
to install a bench outside the Elm Street Off-Leash Dog Park, which was initiated by requests
from senior citizens living near the park who enjoy watching the dogs play but had no place to
sit.
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 Ray and Mayor Ferrara requested that Item 8.f. be pulled.
Action: Council Member Ray moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the exception of Item 8.f., and including
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the amendment to Item 8.i. as noted in the Supplemental memo, with the recommended
courses of action. City Attorney Carmel read the full titles of the Ordinances in Items 8.j. and
8.k. The motion passed on the following roll-call vote:
AYES: Ray, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period June 1, 2013
through June 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 May 31, 2013, as required by Government Code Section 53646(b).
8.c. Consideration of Approval of Cost Allocation Plan.
Action: Approved the Fiscal Year 2013-14 Cost Allocation Plan.
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of June 11, 2013,
as submitted.
8.e. Consideration of Approval of a Second Amendment to Land Lease Agreement
with New Cingular Wireless (a subsidiary of AT&T Mobility).
Action: Approved 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.g. Consideration of a Resolution Updating the Pay Range for the Part-Time
Building Coordinator, Maintenance Worker and Custodian Positions.
Action: Adopted Resolution No. 4530 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE UPDATING THE PAY RANGE FOR
THE PART-TIME BUILDING COORDINATOR, MAINTENANCE WORKER AND
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.
Action: 1) Awarded a contract for construction of the Montego Street Sidewalk,
Phase II Project to Brough Construction, Inc. in the amount of $137,486; and 2)
Authorized 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.
Action: 1) Accepted 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) Directed staff to file a
Notice of Completion; 3) Authorized release of the retention, thirty-five (35) days
after the Notice of Completion has been recorded, if no liens have been filed; 4)
Approved a Sixth Amendment to the Agreement for Consultant Services with North
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Coast Engineering for the subject project to increase the “not to exceed” price from
$215,754.00 to $226,146.54; 5) Approved a First Amendment to the Agreement for
Consultant Services with Earth Systems Pacific for the subject project; 6) Authorized
the Mayor to execute the amendments; and 7) Appropriated $35,000 from the Local
Sales Tax Fund.
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.
Action: Adopted Ordinance No. 652 entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTIONS 16.04.070
AND 16.44.050 OF THE 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.
Action: Adopted Ordinance No. 653 entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TABLE 16.36.030(A) IN
SECTION 16.36.030 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE”.
ITEM PULLED FROM THE CONSENT AGENDA
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.
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.
In response to questions by Council Member Ray, Public Works Director English presented
supplemental information explaining how cost comparisons were calculated between proposed
contractual janitorial services and City staff performing the work. He explained that staff
recalculated the costs based on use of part-time staff only, and further explained other in-house
costs associated with the service, including uniform, vehicle, and supplies.
Mayor Ferrara requested that the scope of work be modified to include cleaning of the trash
cans at least once per month. Public Works Director English indicated he would follow up with
the contractor on the request to include periodic trash can cleaning within the agreement scope
of work.
Action: Council Member Ray moved, and Council Member Guthrie seconded the motion to: 1)
Approve an Agreement for Contract Maintenance Services with Executive Janitorial, Inc. for
custodial maintenance services in the amount of $41,280, as modified to include in the
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scope of work that trash cans shall be cleaned at least once per month; 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. The motion passed on the following roll-call vote:
AYES: Ray, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
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.
Associate Planner Nygaard presented the staff report and recommended that the City
Council: 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. Staff then
responded to questions from Council.
Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public
hearing.
Action: Council Member Brown moved to introduce an Ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE 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”. Council Member
Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Guthrie, Ray, 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 ARROYO GRANDE ESTABLISHING THE MILLS ACT
HISTORIC RESOURCE PROTECTION TAX INCENTIVE PROGRAM”; Adopt a Resolution
entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
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ESTABLISHING THE HISTORIC PRESERVATION AWARD PROGRAM”; Appropriate
$10,000 from the General Fund unappropriated fund balance for historic surveys; and
Waive the application fee for Historic Designation Applications for a period of one year.
Council Member Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Ray, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
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.
City Attorney Carmel presented the staff report and recommended that the Council
introduce an Ordinance electing to have delinquent solid waste collection and disposal
service charges collected on the property tax roll.
Mayor Ferrara invited public comment. No public comment was received.
Mayor Ferrara requested staff to contact South County Sanitary Service to determine if billing
can be modified to the beginning of the month.
Action: Council Member Guthrie moved to introduce an Ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ELECTING TO HAVE
DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL SERVICE CHARGES
COLLECTED ON THE TAX ROLL”. Council Member Brown seconded, and the motion passed
on the following roll-call vote:
AYES: Guthrie, Brown, Ray, Ferrara
NOES: None
ABSENT: Costello
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:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
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(b) Mayor Pro Tem Costello (ABSENT):
(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 (City Manager Adams attended the last meeting and
provided a report)
(5) League of California Cities Policy Committee
(e) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
13. CITY COUNCIL MEMBER ITEMS
a. Request to Consider Policy to Install Dark Fiber or Conduit whenever Trenching is
Done (RAY).
Council Member Ray requested, and the Council concurred, to direct staff to place a future item
on the agenda to consider a policy of installing available conduit whenever excavation takes
place on a street project.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Mayor Ferrara reported on his attendance at the League of California Cities Public Safety Policy
Committee meeting where Senate Bill 7 and Assembly Bill 939 were the topics of discussion.
16. STAFF COMMUNICATIONS
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS
None.
18. ADJOURN TO CLOSED SESSION
Mayor Ferrara invited public comment on the closed session items. No public comments were
received. At 7:10 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to
closed session.
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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
Mayor Ferrara adjourned the meeting at 8:08 p.m.
__________________________________
Tony Ferrara, Mayor
ATTEST:
__________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ______________)
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