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Minutes 2013-07-09 I" ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/CITY AS SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, JULY 9, 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 Tim Brown, Mayor Pro Tem Costello, and Mayor Tony Ferrara were present. Council Member Caren Ray 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 Community Development Teresa McClish, and Police Chief Steven Annibali. 3. FLAG SALUTE Tom Bonds, representing Arroyo Grande Lions Club, led the Flag Salute. 4. INVOCATION Pastor Ron Dee, Harvest Bible Fellowship, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Mayor Ferrara reported that on Tuesday, June 25, 2013, after meeting in Closed Session regarding the following items, the Council reconvened into open session and announced that no reportable action was taken: - 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 - 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 - Conference with Labor Negotiator Pursuant to Government Code Section 54957.6: Agency Negotiator: Steven Adams, City Manager Unrepresented Employees: Management Employees 5.b. Ordinances Read in Title Only. Council Member Brown moved, Mayor Pro Tem Costello 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. Minutes: City Council Page 2 Tuesday, July 9, 2013 6. SPECIAL PRESENTATIONS Bob Lund, representing Arroyo Grande in Bloom, introduced America In Bloom judges Melanie Menachem-Riggs and Katy Moss Warner, who spoke about the program and acknowledged the AGIB volunteers and City staff who have made the Arroyo Grande in Bloom program a success. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS None. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. No comments were received. Action: Council Member Guthrie moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.n., with the recommended courses of action. City Attorney Carmel read the full titles of the Ordinances in Items 8.1. and 8.m. The motion passed on the following roll-call vote: AYES: Guthrie, Brown, Costello, Ferrara NOES: None ABSENT: Ray 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period June 16, 2013 through June 30, 2013. 8.b. Consideration of Approval of the City Investment Policy. Action: Approved the City of Arroyo Grande Investment Policy. 8.c. Consideration of Amendment to Agreement for Audit Services. [SUCCESSOR AGENCY] Action: Approved the first amendment to the agreement with the audit firm of Moss, Levy, & Harizheim. 8.d. Consideration of a Resolution Determining that Senior Police Officer Michelle Cota Suffers from an Industrial Disability. Action: Adopted Resolution No. 4533 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING THAT SENIOR POLICE OFFICER MICHELLE COTA SUFFERS FROM AN INDUSTRIAL DISABILITY PURSUANT TO GOVERNMENT CODE SECTION 21156". 8.e. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of June 25, 2013, as submitted. 8.f. Consideration of Purchase of Rule 20A Credits for Undergrounding Utilities on East Grand Avenue, Action: Authorized the City Manager to execute an agreement with the County of San Luis Obispo, in a form satisfactory to the City Attorney, for the purchase of an estimated $3 million in Rule 20A credits for completion of Phase III of the East Grand Avenue Utility Undergrounding project in exchange for an amount equal to 5% of the credits necessary to complete the project. 8.g. Consideration of Appointment of Voting Delegate for the League of California Cities Annual Conference. Action: Appointed Mayor Ferrara as the voting delegate for the League of California Cities Annual Conference and Steven Adams as the alternate. Minutes: City Council Page 3 Tuesday, July 9, 2013 8.h. Consideration of Tourism Business Improvement District Budget and By-Laws. Action: 1) Adopted Resolution No. 4534 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2013-14 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT; 2) Adopted Resolution No. 4535 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING AND ADOPTING BYLAWS FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD; and 3) Appropriated $5,000 to contribute towards the tourism efforts. 8.i. Consideration of Approval of Exclusive Vendor Police Tow Service Agreements. Action: 1) Approved and authorized the City Manager to execute a two-year exclusive vendor police tow service agreement with College Towing South for light and medium- duty towing; and 2) Approved and authorize the City Manager to execute a two-year exclusive vendor police tow service agreement with Johnboy's Towing of Oceano for heavy-duty towing. 8.j. Consideration of an Award of Contract to V. Lopez Jr. & Sons for Construction of the Citywide Drainage Improvements Project, PW 2013-04. Action: 1) Awarded a contract for construction of the Citywide Drainage Improvements to V. Lopez Jr. & Sons in the amount of $90,301.50; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $9,030.00 for additional work and unanticipated costs during the construction phase of the project; 3) Transferred $24,500 from the Sales Tax Fund, Larchmont Street Improvements, into the project budget; and 4) Directed the City Clerk to file a Notice of Exemption. 8.k. Consideration of Summary Vacation of Harden Alley and Consideration of Acceptance of Quitclaim Deeds Regarding Harden Street. Action: 1) Adopted Resolution No. 4536 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING HARDEN ALLEY"; and 2) Authorized the Mayor to execute the Certificates of Acceptance accepting the Quitclaim Deeds from Alexander Carapeti and Kristiane S. Schmidt, NKT Development, LLC; and Sean Buczynski and Nicole Buczynski regarding Harden Street. 8.1. Consideration of Adoption of an Ordinance Approving Development Code Amendment Case No. 13-003 to Establish a Citywide Mills Act Program. Action: Adopted Ordinance No. 654 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". 8.m. Consideration of Adoption of an Ordinance Electing to have Delinquent Solid Waste Collection and Disposal Service Charges Collected on Tax Roll. Action: Adopted Ordinance No. 655 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". 8.n. Consideration of Modification to Listing Prices for Sale of Old Ranch Road Properties. Action: Approved modified listing prices of $247,500, $242,100, and $233,100 for the three Old Ranch Road lots. Minutes: City Council Page 4 Tuesday, July 9, 2013 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS 10.a. Consideration of Parking Lot Configuration for the Police Station Upgrade Project Located at 200 North Halcyon Road (Minor Use Permit Case No. 13-005). Community Development Director McClish presented the staff report and recommended that the Council: 1) Select a parking configuration option for the Police Station Upgrade project; and 2) Provide direction whether or not to include widening of North Halcyon Road in the project scope of work. Director McClish also acknowledged comments received from Kristen Bameich of the Arroyo Grande Tree Guild regarding removal of certain trees, and read comments submitted by Council Member Ray regarding removal of the trees; that the proposed fence design should be reviewed by the Architectural Review Committee; and support for including widening of Halcyon Road as part of the project. Discussion ensued clarifying removal and/or retention of trees proposed in each option, and long term plans for widening Halcyon Road. Mayor Ferrara commented that this issue should be brought back as a separate item and requested staff to provide traffic data and a conceptual plan for widening of Halcyon Road. Mayor Ferrara invited public comment on the proposed project. John Keen, N. Elm Street, spoke in favor of Option 3 and stated it is imperative to widen Halcyon Road. Hearing no further comments, Mayor Ferrara closed the public comment period. Action: Council Member Guthrie moved to approve Option 3 and to widen Halcyon Road. Mayor Pro Tem Costello seconded. The motion was lost as the result of a tie by the following roll-call vote: AYES: Guthrie, Costello NOES: Brown, Ferrara ABSENT: Ray Action: Mayor Ferrara moved to approve Option 2, maintaining the two outer larger trees and defer the direction to widen Halcyon Road until review of the widening strategy and updated traffic study and model. Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: Ferrara, Brown, Costello NOES: Guthrie ABSENT: Ray Mayor Ferrara called for a break at 7:20 p.m. The Council reconvened at 7:25 p.m. 11. NEW BUSINESS 11.a. Consideration of Dispatch Consolidation Study Options and Grand Jury Report Response. Minutes: City Council Page 5 Tuesday, July 9, 2013 City Manager Adams presented the staff report and recommended that the Council: 1) Approve the proposed response to the Grand Jury Report; 2) Direct staff to request formal proposals from the San Luis Obispo County Sheriffs Department and City of Pismo Beach; 3) Direct staff to prepare a cost-benefit analysis of the proposed potential options; and 4) Direct staff to return with a recommended alternative for consideration. Mayor Ferrara invited public comment. Speaking from the public was Greg Paisano, Avenida de Diamante, concerning the Grand Jury's comments regarding Cal Fire and that the Council should approach Cal Fire for a proposal. He also supported the concept of a regional Emergency Operations Center (EOC) and cautioned about co-locating an EOC with a police or fire facility. No further public comment was received. Action: Mayor Pro Tem Costello moved to: 1) Approve the proposed response to the Grand Jury Report; 2) Direct staff to request formal proposals from the San Luis Obispo County Sheriff's Department and City of Pismo Beach; 3) Direct staff to prepare a cost-benefit analysis of the proposed potential options; and 4) Direct staff to return with a recommended alternative for consideration. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Costello, Brown, Guthrie, Ferrara NOES: None ABSENT: Ray 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Brown requested that the meeting be adjourned in honor of the 19 firefighters who lost their lives in the Yamell Hill fire near Prescott, Arizona. Mayor Ferrara requested Chief Annibali to address neighborhood complaints regarding noise in the late evening coming from Ralph and Duane's. Chief Annibali provided an update and noted that staff is currently reviewing calls for service at that location and would provide a follow up report to the Council. Council Member Brown requested staff follow up regarding the status of the gate between Ralph and Duane's parking lot and Harvest Church. City Manager Adams said the issue is still being investigated and he would provide a follow up report to the Council. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. Minutes: City Council Page 6 Tuesday, July 9, 2013 17. ADJOURN TO CLOSED SESSION Mayor Ferrara invited public comment on the closed session items. No public comments were received. At 8:26 p.m., Mayor Ferrara adjourned the open session in honor of the 19 firefighters who lost their lives in the Yarnell Hill fire near Prescott, Arizona and the Council proceeded to closed session. 18. 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 Steven Adams, City Manager Unrepresented Employees: Management Employees 19. RECONVENE TO OPEN SESSION 20. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:42 p.m. Tony Fe , ayor ATTEST: v Kelly e ire, City Clerk (Approveā€¢ at CC Mtg A?" /3 13 )