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CC 2014-05-27_08.c. Approval of Minutes 05-13-14ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 13, 2014 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council Meeting to order at 6:02 p.m. 2. ROLL CALL City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council Member Joe Costello, and Mayor Ferrara were present. Mayor Pro Tem Jim Guthrie 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, Director of Public Works Geoff English, Chief of Police Steve Annibali, and Capital Projects Engineer Mike Linn. 3. FLAG SALUTE Maureen Sharon, representing Kiwanis Club of Arroyo Grande Valley, led the Flag Salute. 4. INVOCATION Para-Rabbinic Jared Sharon, Congregation Beth David, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Council Member 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. Mayor Ferrara commented on Bridge Street Bridge Project which would be coming to the Council for consideration in two months. Mayor Pro Tem Jim Guthrie arrived to the meeting at 6:10 p.m. and took his place at the dais. 6. SPECIAL PRESENTATIONS 6.a. Honorary Proclamation Declaring May 18-24, 2014 as National Public Works Week. Mayor Ferrara presented a Proclamation recognizing May 18-24, 2014 as National Public Works Week. Geoff English, Director of Public Works, accepted the Proclamation. 6.b. Presentation by the Land Conservancy of San Luis Obispo County Regarding the Creation of Pismo Preserve. Chris Clark, representing the Land Conservancy of San Luis Obispo, gave a presentation regarding the proposed Pismo Preserve. Item 8.c. - Page 1 Minutes: City Council Meeting Page 2 Tuesday, May 13, 2014 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS No comments were received. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. No comments were received. Council Member Brown requested that Item 8.h. be pulled. Action: Council Member Barneich moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Item 8.h., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Costello, Brown, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period April 16, 2014 through April 30, 2014. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of April 22, 2014, as submitted. 8.c. Consideration of Resolution Establishing a Policy for the Distribution of Tickets and Passes Pursuant to Title 2, Section 18944.1 of the California Code of Regulations. Action: Adopted Resolution No. 4580 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A POLICY GOVERNING THE RECEIPT AND DISTRIBUTION OF TICKETS AND PASSES PURSUANT TO TITLE 2, SECTION 18944.1 OF THE CALIFORNIA CODE OF REGULATIONS”. 8.d. Consideration of a Resolution Accepting an Offer of Dedication for a Water Line Easement on a Portion of Parcel 1 of Parcel Map No. AG-89-423 and Authorizing the Mayor to Execute a Correction Quitclaim Deed. Action: Adopted Resolution No. 4581 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING AN OFFER OF DEDICATION FOR A WATER LINE EASEMENT AND AUTHORIZING THE MAYOR TO EXECUTE A CORRECTION QUITCLAIM DEED”. 8.e. Consideration of Program Supplement Agreement No. N016 to Administering Agency-State Agreement No. 05-5199R and Authorization to Distribute Requests for Proposals for Engineering Design and Environmental Services for the Traffic Way Bridge Scour Countermeasures Project. Action: 1) Adopt Resolution No. 4582 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PROGRAM SUPPLEMENT NO. N016 TO ADMINISTERING AGENCY-STATE AGREEMENT NO. 05-5199R FOR THE TRAFFIC WAY BRIDGE SCOUR COUNTERMEASURES PROJECT”; and 2) Directed staff to prepare and distribute requests for proposals for consultant services to provide engineering design and environmental services. Item 8.c. - Page 2 Minutes: City Council Meeting Page 3 Tuesday, May 13, 2014 8.f. Consideration of Plot Plan Review Case No. 14-003; Modification of Existing Open- Space Easement; Location: 465 Canyon Way; Applicant: Ted Malley. Action: Adopted Resolution No. 4583 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PLOT PLAN REVIEW CASE NO. 14-003 AND ACCEPTING A MODIFIED OPEN SPACE EASEMENT; LOCATED AT 465 CANYON WAY (LOT 40 OF TRACT 2265); APPLIED FOR BY TED MALLEY”. 8.g. Consideration to Approve an Agreement for Consultant Services with Jim Garing of Garing, Taylor & Associates for Interim City Engineer Services. Action: 1) Approved an Agreement for Consultant Services with Jim Garing of Garing, Taylor & Associates; and 2) Authorized the Mayor to execute the Agreement. 8.i. Consideration of Capital Improvement Project 13-004; Approval of a Negative Declaration on Design Improvements for Well No. 11; Location: La Canada Near Rosemary Court. Action: 1) Adopted Resolution No. 4584 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING DESIGN IMPROVEMENTS FOR WELL 11; CAPITAL IMPROVEMENT PROJECT NO. 13-004; LOCATED ON LA CANADA NEAR ROSEMARY COURT”; 2) Directed the City Clerk to file a Notice of Determination; and 3) Approved the project plans and specifications for the Well No. 11 Improvement Project. 8.j. Consideration of Acceptance of the North Rena Sewer Relocation Project, PW 2014-06. Action: 1) Accepted the project improvements as constructed by CalPortland Construction Company in accordance with the plans and specifications for the North Rena Sewer Relation Project; 2) Appropriated $9,000 from the Sewer Fund for the Project; 3) Directed the City Clerk to file a Notice of Completion; and 4) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. ITEM PULLED FROM THE CONSENT AGENDA 8.h. Consideration to Approve First Amendment to Agreement for Consultant Services with Lisa Wise Consulting, Inc. to Assist the City with the Housing Element Update. Recommended Action: 1) Approve First Amendment to Agreement for Consultant Services with Lisa Wise Consulting, Inc.; and 2) Authorize the Mayor to execute the Agreement. Staff responded to questions from Council Member Brown regarding the consultant, the consultant’s past work on the Housing Element, the proposed scope of work, and whether the update could be completed by staff in-house. He expressed concerns about the process and stated it should be looked at in greater detail and that he could not support the proposal. Action: Council Member Costello moved to approve First Amendment to Agreement for Consultant Services with Lisa Wise Consulting, Inc.; and authorize the Mayor to execute the Agreement. Council Member Barneich seconded, and the motion passed on the following roll- call vote: Item 8.c. - Page 3 Minutes: City Council Meeting Page 4 Tuesday, May 13, 2014 AYES: Costello, Barneich, Guthrie, Ferrara NOES: Brown ABSENT: None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Annual Report and Adoption of a Resolution of Intention for Levy of Annual Assessment for Arroyo Grande Tourism Business Improvement District. City Manager Adams presented the staff report and recommended that the City Council: 1) Receive and approve the Annual Report of the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board; 2) Adopt a Resolution of Intention to levy and collect assessments within the AGTBID area for Fiscal Year 2014-15 at the same rate as in Fiscal Year 2013-14; and 3) Set the date for the public hearing for June 10, 2014. Judith Bean, Arroyo Grande Grover Beach Chamber of Commerce CEO, provided an overview of the Annual Report and responded to questions from Council. Mayor Ferrara invited public comment. No public comments were received. Action: Council Member Barneich moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENTION TO CONTINUE THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENT FOR THE DISTRICT, AND TO SET A DATE FOR THE PUBLIC HEARING ON THE DISTRICT AND THE ASSESSMENT FOR FISCAL YEAR 2014-15”. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None Action: Council Member Costello moved to approve the Annual Report of the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Costello, Brown, Barneich, Guthrie, Ferrara NOES: None ABSENT: None Item 8.c. - Page 4 Minutes: City Council Meeting Page 5 Tuesday, May 13, 2014 11.b. Consideration of Certification of the Five-Year Radar Speed Survey for Selected City Streets. Capital Projects Engineer Linn presented the staff report and recommended that the City Council adopt a Resolution certifying the five-year radar speed survey for selected City streets. Engineer Linn and Police Chief Annibali responded to questions from Council. Mayor Ferrara invited public comment. No public comments were received. Action: Council Member Brown moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE FIVE-YEAR RADAR SPEED SURVEY FOR SELECTED CITY STREETS”. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Brown, Barneich, Costello, Guthrie, Ferrara NOES: None ABSENT: None 12. COUNCIL COMMUNICATIONS Council Member Brown reported that he attended the fundraiser event for the Paulding Wall Project. Council Member Barneich reported that she recently took a tour of the Water Treatment Plant. 13. STAFF COMMUNICATIONS City Manager Adams announced the Amgen Tour on Thursday, May 15th which would be going through the Village. 14. COMMUNITY COMMENTS AND SUGGESTIONS None. 15. ADJOURN TO CLOSED SESSION: Mayor Ferrara invited public comment on the closed session items. No public comments were received. At 7:35 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to closed session. 16. CLOSED SESSION: a. Conference With Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d): Name of Case: Arroyo Grande Police Officers Association v. City of Arroyo Grande Public Employment Relations Board Case No. LA-CE-822-M 17. RECONVENE TO OPEN SESSION City Attorney Carmel announced that the City Council approved a Settlement Agreement between the Arroyo Grande Police Officers’ Association and the City of Arroyo Grande in settlement of the unfair practice charge filed with the Public Employment Relations Board. Item 8.c. - Page 5 Minutes: City Council Meeting Page 6 Tuesday, May 13, 2014 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 7:55 p.m. ______________________________ Tony Ferrara, Mayor ATTEST: ______________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ____________) Item 8.c. - Page 6