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CC 2014-06-24_08.c. Approval of 06-10-14 CC MinutesACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, JUNE 10, 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 6:01 p.m. 2. ROLL CALL City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council Member Joe Costello, Mayor Pro Tem Guthrie and Mayor Ferrara were present. 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 Recreation Services John Rogers, Director of Public Works Geoff English, Associate Planner Kelly Heffernon, and Public Works Supervisor Shane Taylor. 3. FLAG SALUTE Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute. 4. INVOCATION Paul Jones delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Mayor Ferrara reported that on Tuesday, May 27, 2014, 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 Designated Representative: Steven Adams, City Manager Unrepresented Employees: Part-time Employees - Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Steven Adams, City Manager Represented Employees: Arroyo Grande Police Officers' Association - Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Steven Adams, City Manager Represented Employees: Service Employees International Union, Local 620 5.b. Ordinances Read in Title Only. Council Member Costello moved, Council Member Barneich 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. Item 8.c. - Page 1 Minutes: City Council Meeting Page 2 Tuesday, June 10, 2014 6. SPECIAL PRESENTATIONS None. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Joe Furino, N. Elm Street, commented on the local sales tax mailer and the proposed City Charter measure. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. No comments were received. Council Member Costello referred to Item 8.d. and declared a potential conflict of interest due to his ownership of real property within one of the Assessment Districts, He stated he would step down and not vote on this item. Council Member Brown requested that Item 8.h. be pulled. Action: Council Member Barneich moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.l., with the exception of Items 8.d, and 8.h., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Recommended Action: Ratified the listing of cash disbursements for the period May 16, 2014 through May 31, 2014. 8.b. Consideration of Fiscal Year 2014-15 Appropriation Limit. Recommended Action: Adopted Resolution No. 4590 entitled: establishing the appropriation limit from tax proceeds for Fiscal Year 2014-15. 8.c. Consideration of Modifications to Classifications and Compensation Adjustments for Part-time Employees. Recommended Action: 1) Adopted Resolution No. 4591 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING COMPENSATION ADJUSTMENTS FOR PART-TIME EMPLOYEES AND ESTABLISHING JOB DESCRIPTIONS AND SALARY RANGES FOR THE POSITIONS OF RECORDS, FLEET AND EQUIPMENT TECHNICIAN, AND SENIOR FACILITY ATTENDANT”; and 2) Amend classification titles for certain part-time positions. 8.e. Consideration of Approval of Minutes. Recommended Action: Approve the minutes of the Regular City Council Meeting of May 27, 2014, as submitted. 8.f. Consideration of Resolutions for the 2014 General Municipal Election. Recommended Action: 1) Adopted Resolution No. 4596 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY”; 2) Adopted Resolution No. 4597 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING THE BOARD Item 8.c. - Page 2 Minutes: City Council Meeting Page 3 Tuesday, June 10, 2014 OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE”; 3) Adopted Resolution No. 4598 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014”; and 4) Approved an additional appropriation of $3,000 in the FY 2014-15 General Fund budget for the November General Municipal Election. 8.g. Consideration of Request from Planning Commissioner Keen for Consecutive Absences from Planning Commission Meetings. Recommended Action: Consented to three consecutive absences by Planning Commissioner Keen. 8.i. Consideration of Adoption of Ordinance Regarding Vacation Rentals and Homestays; Location – Citywide; Development Code Amendment 14-002; Applicant – City of Arroyo Grande. Recommended Action: Adopted Ordinance No. 663 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGULATING VACATION RENTALS AND HOMESTAYS”. 8.j. Consideration to Approve the Purchase of a Replacement Pump and Pipe Column for Well No. 1. Recommended Action: 1) Approved the purchase of a replacement vertical turbine pump and pipe column for Well No. 1 in the amount of $19,700; and 2) Authorized an appropriation of $22,000 from the Water Fund. 8.k. Consideration of an Award of Contract to Souza Construction, Inc. for the Old Ranch Road Property Improvements (Tract 3018) Project, PW 2013-10. Recommended Action: 1) Awarded a contract for the Old Ranch Road Property Improvements (Tract 3018) to Souza Construction, Inc. in the amount of $109,200; 2) Authorized the City Manager to approve change orders for 20% of the contract amount $21,840 for unanticipated costs during the construction phase of the project; 3) Modified the appropriated budget as recommended; and 4) Directed the City Clerk to file a Notice of Exemption. 8.l. Consideration of an Award of Contract to V. Lopez Jr. and Sons for Construction of the 2014 Summer Concrete Repair and Via La Barranca Drainage Improvements Project, PW 2014-11. Recommended Action: 1) Approved a contract for construction of the 2014 Summer Concrete Repair and Via La Barranca Drainage Improvements Project to V. Lopez Jr. and Sons in the amount of $90,288; 2) Authorized the City Manager to approve change orders for 20% of the contact amount $18,058 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 PULLED FROM THE CONSENT AGENDA Council Member Costello stepped down from the dais for Item 8.d. due to a conflict of interest. Item 8.c. - Page 3 Minutes: City Council Meeting Page 4 Tuesday, June 10, 2014 8.d. Consideration of Confirmation of Assessments for Tracts 1158, 1769, 2310, and 2236. Recommended Action: 1) Adopt a Resolution confirming landscaping assessments for all parcels within Tract 1158; 2) Adopt a Resolution confirming landscaping and lighting assessments for all parcels within Tract 1769; 3) Adopt a Resolution confirming the assessments for the Parkside Assessment District for all parcels within Tract 2310 (Parkside Village Subdivision); and 4) Adopt a Resolution confirming the assessments for the Grace Lane Assessment District for all parcels within Tract 2236 (Grace Lane Subdivision). Action: Council Member Brown moved to adopt the following Resolutions: Resolution No. 4592 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING LANDSCAPING ASSESSMENTS FOR ALL PARCELS WITHIN TRACT 1158”; 2) Resolution No. 4593 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING LANDSCAPING AND LIGHTING ASSESSMENTS FOR ALL PARCELS WITHIN TRACT 1769”; 3) Resolution No. 4594 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE PARKSIDE ASSESSMENT DISTRICT FOR ALL PARCELS WITHIN TRACT 2310 (PARKSIDE VILLAGE SUBDIVISION)”; and 4) Resolution No. 4595 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE GRACE LANE ASSESSMENT DISTRICT FOR ALL PARCELS WITHIN TRACT 2236 (GRACE LANE SUBDIVISION)”. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Brown, Barneich, Guthrie, Ferrara NOES: None ABSENT: Costello 8.h. Consideration of Adoption of Ordinance Repealing Chapter 9.29 of the Arroyo Grande Municipal Code Relating to Proximity Restrictions to Children's Facilities for Registered Sex Offenders. Recommended Action: Adopt an Ordinance repealing Chapter 9.29 of the Arroyo Grande Municipal Code relating to proximity restrictions to children’s facilities for registered sex offenders. Council Member Brown requested that public education regarding State law proximity restrictions to children’s facilities for registered sex offenders be posted on the City’s website. Action: Council Member Brown moved to adopt Ordinance No. 662 entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING CHAPTER 9.29 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO PROXIMITY RESTRICTIONS TO CHILDREN’S FACILITIES FOR REGISTERED SEX OFFENDERS”. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Brown, Barneich, Costello, Guthrie, Ferrara NOES: None ABSENT: None Item 8.c. - Page 4 Minutes: City Council Meeting Page 5 Tuesday, June 10, 2014 9. PUBLIC HEARINGS 9.a. Annual Public Hearing for the Arroyo Grande Tourism Business Improvement District. City Manager Adams presented the staff report and recommended the Council: 1) Hold a public hearing to receive testimony regarding the City Council’s intention to continue the Arroyo Grande Tourism Business Improvement District (AGTBID) and levy an annual assessment for fiscal year 2014-15; 2) Determine whether a legally sufficient number of protests have been made; 3) If a legally sufficient protest is not made, adopt a Resolution levying an annual assessment for the AGTBID for the 2014-15 fiscal year; and 4) Adopt a Resolution approving the FY 2014-15 budget for the AGTBID. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Council Member Brown moved to adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2014-15 FISCAL YEAR”. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Brown, Costello, Barneich, Guthrie, Ferrara NOES: None ABSENT: None Action: Council Member Costello moved to adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL ADOPTING THE FISCAL YEAR 2014-15 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT”. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Costello, Brown, Barneich, Guthrie, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Water Supply Strategies and Amendments to Consultant Services Agreements for Technical Support Services for the Northern Cities Management Area Work Program. City Manager Adams provided introductory comments. Community Development Director McClish and Public Works Director English presented the staff report and recommended that the City Council: 1) Approve staff’s recommended water conservation strategies; and a) increase the turf removal incentive from 50 cents to $1,00 per sq ft; and b) Approve the increase for the water efficient washing machine incentive from $150 to $200; 2) Approve the NCMA Technical Group Annual Report Work Plan and Strategic Plan; and c) Authorize the Mayor to Item 8.c. - Page 5 Minutes: City Council Meeting Page 6 Tuesday, June 10, 2014 execute an Amendment No. 1 to the Agreement for Consultant Services with Fugro Consulting, Inc. in the amount of $43,400 for the NCMA 2014 Annual Report; and d) Approve and authorize the Mayor to execute Amendment No. 6 to the Agreement for Consultant Services with Water Systems Consulting, Inc. in the amount of $29,760 for staff extension services for FY 2014-15; 3) Direct staff to establish a Water Shortage Emergency Plan; 4) Direct staff to establish an in- house Water Emergency Response Team; and 5) Pursue scheduling a joint water workshop with the legislative bodies of Grover Beach, Pismo Beach and OCSD. Consultant Dan Heimel, Water Systems Consulting, presented more detail on the Annual Report. Staff responded to questions from Council. Mayor Ferrara called for a break at 8:00 p.m. The Council reconvened at 8:07 p.m. Mayor Ferrara invited public comment. Speaking from the public were Otis Page, Myrtle Street, opposing the proposed public education and consultant costs; and Julie Tacker, Los Osos resident, who commented on the City’s water conservation programs and recycled water. No further public comments were received. Action: Mayor Pro Tem Guthrie moved to: 1) Approve staff’s recommended water conservation strategies, minus the public education component; increase the turf removal incentive from 50 cents to $1,00 per sq ft; and approve an increase for the water efficient washing machine incentive from $150 to $200; 2) Approve the NCMA Technical Group Annual Report Work Plan and Strategic Plan; authorize the Mayor to execute an Amendment No. 1 to the Agreement for Consultant Services with Fugro Consulting, Inc. in the amount of $43,400 for the NCMA 2014 Annual Report; and approve and authorize the Mayor to execute Amendment No. 6 to the Agreement for Consultant Services with Water Systems Consulting, Inc. in the amount of $29,760 for staff extension services for FY 2014-15; 3) Direct staff to establish a Water Shortage Emergency Plan; 4) Direct staff to establish an in-house Water Emergency Response Team; and 5) Pursue scheduling a joint water workshop with the legislative bodies of Grover Beach, Pismo Beach and OCSD. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Brown, Costello, Barneich, Ferrara NOES: None ABSENT: None 11.b. Consideration of Funding Request from the Land Conservancy of San Luis Obispo County for the Pismo Preserve. City Manager Adams presented the staff report and recommended that the City Council not approve the funding request from the Land Conservancy of San Luis Obispo County for the Pismo Preserve. Mayor Ferrara invited public comment. Speaking from the public in support of the funding request were Stacy Smith, Conservation Project Manager, SLO Land Conservancy; Kandia Cadage, Stan Autry, and Bill Shear. Council discussion ensued in support of the Pismo Preserve; that the open space will provide a long term benefit to the community; that it will provide comprehensive recreational opportunities Item 8.c. - Page 6 Minutes: City Council Meeting Page 7 Tuesday, June 10, 2014 that cannot otherwise be offered within the City limits; that the City’s General Plan policies support inter-agency cooperation with regard to development of additional recreational facilities and services; and the Council made approximate findings for the use of Park Development Funds to support the project. Action: Council Member Barneich moved to approve the funding request of $40,000 from the Park Development Fund. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None 11.c. Consideration of the FY 2014-15 Budget. [COUNCIL/SUCCESSOR AGENCY] City Manager Adams provided introductory comments. Administrative Services Director Malicoat presented the staff report and recommended that the Council: 1) Approve detailed budget adjustments listed in the Budget Update Report; 2) Adopt a Resolution approving FY 2014-15 Budget; 3) Approve the Local Sales Tax 10-Year Plan; and 4) Approve the Long Range Financial Plan. Mayor Ferrara invited public comment. No public comments were received. Action: Council Member Costello moved to: 1) Approve detailed budget adjustments listed in the Budget Update Report; 2) Adopt a Resolution entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FISCAL YEAR 2014-15 OF THE FISCAL YEAR 2013-14 & 2014-15 BIENNIAL BUDGET AND MAKING APPROPRIATIONS FOR THE AMOUNT BUDGETED”; 3) Approve the Local Sales Tax 10-Year Plan; and 4) Approve the Long Range Financial Plan. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Brown, Barneich, Ferrara NOES: None ABSENT: None 12. COUNCIL COMMUNICATIONS Mayor Ferrara thanked the Arroyo Grande in Bloom volunteers and Public Works staff for their work on the landscaping at City Hall. 13. STAFF COMMUNICATIONS At City Manager Adam’s request, Public Works Director English provided an update on recent repairs made to the Swinging Bridge. 14. COMMUNITY COMMENTS AND SUGGESTIONS Kevin McCarthy, Arroyo Grande, thanked everyone for all their hard work and diligence and stated he was proud to be a member of this community. Item 8.c. - Page 7 Minutes: City Council Meeting Page 8 Tuesday, June 10, 2014 15. ADJOURN TO CLOSED SESSION: Mayor Ferrara invited public comment on the closed session items. No public comments were received. At 10:40 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to closed session. 16. CLOSED SESSION: a. Conference With Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code §54956.9(d)(4) involving 2 potential cases 17. RECONVENE TO OPEN SESSION Announcements, if any, will be made at the next scheduled meeting on June 24, 2014. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:54 p.m. _______________________________________ Tony Ferrara, Mayor ATTEST: _______________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg _____________) Item 8.c. - Page 8