CC 2014-07-08_08.e. Approval of 06-24-14 Minutes
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 24, 2014
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. ROLL CALL:
Mayor Tony Ferrara called the special meeting to order at 5:20 p.m. Council Member Joe
Costello, Council Member Tim Brown, Council Member Kristen Barneich, Mayor Pro Tem Jim
Guthrie, City Manager Steven Adams and City Attorney Timothy Carmel were present.
2. PUBLIC COMMENT:
None.
3. CITY COUNCIL CLOSED SESSION:
a. 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
b. 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
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT:
The meeting was adjourned at 5:50 p.m.
___________________________________
Tony Ferrara, Mayor
ATTEST:
___________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg _____________)
Item 8.e. - Page 1
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 24, 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 6:03 p.m.
2. ROLL CALL
City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council
Member Joe Costello, Mayor Pro Tem Jim 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, Public
Works Director Geoff English, Director of Administrative Services Debbie
Malicoat, and Director of Community Development Teresa McClish.
3. FLAG SALUTE
Riley Betita, representing Boy Scout Troop 413, led the Flag Salute.
4. INVOCATION
Pastor Ron Dee, Harvest Bible Church, 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 item, the Council reconvened into open session and announced that no
reportable action was taken:
- Conference With Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to Government Code §54956.9(d)(4) involving 2 potential
cases
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.
6. SPECIAL PRESENTATIONS
None.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Larry Harlan, Hillcrest Drive, commented on the City’s water conservation policies.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. No public comments were
received.
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Tuesday, June 24, 2014
In response to a question by Mayor Ferrara regarding Item 8.g. (Construction of the 2014
Citywide Street Surface Repairs and East Grand Avenue Asphalt Overlay; El Camino Real to
US 101), Public Works Director English clarified that the City is responsible for the maintenance
of the pavement from the bridge deck on East Grand Avenue to the City limits, that maintenance
of this area would require closure of lanes, and that an encroachment permit would be required
from CalTrans for this section of right-of-way.
Action: Council Member Costello moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. The
motion passed on the following roll-call vote:
AYES: Costello, Brown, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period June 1, 2014 through
June 15, 2014.
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, 2014, as required by Government Code Section 53646(b).
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency meeting of June 10, 2014, as
submitted.
8.d. Consideration of Appointment of Voting Delegate for the League of California
Cities Annual Conference.
Action: Appointed Mayor Pro Tem Jim Guthrie as the voting delegate for the League of
California Cities Annual Conference and City Manager Steve Adams as the alternate.
8.e. Consideration of Listing Agreements for Sale of Old Ranch Road Properties.
Action: 1) Approved exclusive listing agreements with Lenny Jones of Jones Goodell &
Associates to sell two City-owned lots on Old Ranch Road; and 2) Approved listing
prices of $285,000 and $279,000 for the two lots.
8.f. Consideration of a Cooperation Agreement Between the County of San Luis
Obispo and the City of Arroyo Grande for Joint Participation in the Community
Development Block Grant Program, the Home Investment Partnerships Program,
the Emergency Shelter Grant Program, the American Dream Down Payment
Initiative Program, and the Housing Opportunities for Persons with AIDS (HOPWA)
Program for Fiscal Years 2015 through 2017.
Action: Adopted Resolution No. 4602 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A COOPERATION
AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF
ARROYO GRANDE FOR JOINT PARTICIPATION IN THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT
PARTNERSHIPS PROGRAM, THE EMERGENCY SHELTER GRANT PROGRAM,
THE AMERICAN DREAM DOWN PAYMENT INITIATIVE PROGRAM, AND THE
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR
FISCAL YEARS 2015 THROUGH 2017”.
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8.g. Consideration of an Award of Contract to Apodaca Paving, Inc. for Construction
of the 2014 Citywide Street Surface Repairs and East Grand Avenue Asphalt
Overlay; El Camino Real to US 101, PW 2014-10.
Action: 1) Awarded a contract for construction to Apodaca Paving, Inc. in the amount of
$324,375; 2) Authorized the City Manager to approve change orders for 10% of the
contract amount, $32,438, for unanticipated costs during the construction phase of the
project; and 3) Directed the City Clerk to file a Notice of Exemption.
8.h. Consideration of an Award of Contract to J&P Construction for Construction of
the Hoosegow Park ADA Improvements, PW 2014-02.
Action: 1) Awarded a contract for construction to J&P Construction in the amount of
$54,667; 2) Authorized the City Manager to approve change orders for 10% of the
contract amount, $5,467, for unanticipated costs during the construction phase of the
project; 3) Appropriated $20,000 from the Park Development Fund for the project; and 3)
Direct the City Clerk to file a Notice of Exemption.
8.i. Consideration of Amendments to the Policy Concerning the Naming of Public
Parks and the Renaming of Hoosegow Park to Howard Mankins Hoosegow Park.
Action: 1) Adopted Resolution No. 4603 entitled: ““A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE POLICY
CONCERNING THE NAMING OF PUBLIC PARKS” ; and 2) Approved the renaming of
Hoosegow Park to Howard Mankins Hoosegow Park.
9. PUBLIC HEARINGS
9.a. Consideration of Placing a Proposed City Charter on the Ballot at the November 4,
2014 Election for Consideration by Qualified Voters.
City Manager Adams presented the staff report and recommended that the Council: 1) Adopt a
Resolution ordering the submission to the qualified voters of the City a measure relating to the
adoption of a City Charter at the General Municipal Election to be held on Tuesday, November
4, 2014, as called by Resolution No. 4596; 2) Adopt a Resolution setting priorities for filing a
written argument regarding a City measure and directing the City Attorney to prepare an
impartial analysis; 3) Adopt a Resolution providing for the filing of rebuttal arguments for City
measures submitted at municipal elections; 4) Approve the argument to be submitted in favor of
the measure. He stated staff has withdrawn recommendation No. 5 to appropriate $5,000 from
the General Fund unappropriated fund balance for public education costs as no additional
money is needed at this time.
Staff responded to questions from Council. Mayor Ferrara requested modifying the ballot
question so that it would read “Shall the charter be adopted making the City of Arroyo Grande a
charter city so that the laws of the City of Arroyo Grande shall prevail over state law with respect
to the management of municipal affairs?”.
Mayor Ferrara opened the public hearing. The following members of the public spoke:
Terry Madonna, Santa Margarita, in opposition to the Charter proposal without prevailing wage
requirements;
Kyle Kramel, who stated that the City of Grover Beach is recommending not pursuing a Charter
measure and that the City of Arroyo Grande should also discontinue the process;
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Cherie Cabral, in opposition to the Charter proposal without prevailing wage requirements;
David Baldwin, Arroyo Grande, in opposition to the Charter proposal without prevailing wage
requirements;
Joe Furino, N. Elm Street, commented favorably on the proposed Charter as it relates to the
removal of unfunded mandates.
Upon hearing no further comments, Mayor Ferrara closed the public hearing.
Action: Council Member Costello moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE SUBMISSION
TO THE QUALIFIED VOTERS OF THE CITY A MEASURE RELATING TO THE ADOPTION
OF A CITY CHARTER AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 4, 2014, AS CALLED BY RESOLUTION NO. 4596”, as modified to
include a change in the ballot question to read as follows: “Shall the charter be adopted
making the City of Arroyo Grande a charter city so that the laws of the City of Arroyo
Grande shall prevail over state law with respect to the management of municipal affairs?”.
Council Member Brown seconded, and the motion passed on the following roll-call vote:
AYES: Costello, Brown, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING PRIORITIES FOR
FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS”, as modified to include the
change to the ballot question. Council Member Barneich seconded, and the motion passed on
the following roll-call vote:
AYES: Costello, Barneich, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, PROVIDING FOR
THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS”. Council Member Brown seconded, and the motion passed on the
following roll-call vote:
AYES: Costello, Brown, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to approve the argument to be submitted in favor of
the measure. Council Member Brown seconded, and the motion passed on the following roll-call
vote:
AYES: Costello, Brown, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: None
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9.b. Consideration of Water Rates for Fiscal Year 2014-15 through Fiscal Year 2018-19.
Administrative Services Director Malicoat presented the staff report and recommended that the
Council: 1) Conduct a public hearing to consider protests regarding the proposed water rate
adjustments and in the water rate structure as outlined in the 2014 Water and Wastewater Rate
Study; and 2) If there is no majority protest, adopt a Resolution establishing new water rates
and rate structure effective July 26, 2014 for Fiscal Year 2014-15 through Fiscal Year 2018-19.
Staff then responded to questions from Council.
Mayor Ferrara opened the public hearing. Speaking from the public were: Mike Miller, Corbett
Canyon Road, requesting the Council consider adjusting the tiered rate so it is tied to the size of
the property; Carol Berger, in opposition to the proposed rate increase; Joe Furino, N. Elm
Street, requesting clarification on information in the presentation. Upon hearing no further
comments, Mayor Ferrara closed the public hearing.
Action: Council Member Costello moved to approve “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING WATER RATES AND
CHARGES” with direction to staff to review the rates in 3 years. Council Member Barneich
seconded, and the motion passed on the following roll-call vote:
AYES: Costello, Barneich, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called for a break at 8:10 p.m. The Council reconvened at 8:20 p.m.
9.c. Consideration of Resolution Adjusting Certain Recreation Fees set forth in the
Master Fee Schedule.
Administrative Services Director Malicoat presented the staff report and recommended that the
Council adopt a Resolution adjusting certain Recreation Department operating fees set forth in
the Master Fee Schedule.
Mayor Ferrara opened the public hearing. Upon hearing no comments, Mayor Ferrara closed
the public hearing.
Action: Council Member Barneich moved to approve “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING CERTAIN RECREATION
DEPARTMENT OPERATING FEES SET FORTH IN THE MASTER FEE SCHEDULE”. Mayor
Pro Tem Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Guthrie, Brown, Costello, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS
None.
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11. NEW BUSINESS
11.a. Consideration of Ordinance Regarding State Video Franchises.
City Manager Adams presented the staff report and recommended that the Council introduce an
Ordinance regarding State Video Franchises to require payment of a franchise fee, provision of
Public, Education and Government (PEG) access channels, payment of a PEG access facilities
fee, and penalties for customer service violations.
Mayor Ferrara invited public comment. No public comment was received.
Action: Council Member Costello moved to introduce an Ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 5.25 TO
TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO STATE-ISSUED
CABLE TELEVISION FRANCHISES”. Council Member Barneich seconded, and the motion
passed on the following roll-call vote:
AYES: Costello, Barneich, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
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)
(3) Other
(b) Mayor Pro Tem Guthrie:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) California Joint Powers Insurance Authority (CJPIA)
(4) South San Luis Obispo County Sanitation District (Alternate)
(c) Council Member Costello:
(1) Air Pollution Control District (APCD)
(2) Five Cities Fire Authority (FCFA)
(d) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
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12. CITY COUNCIL REPORTS (cont’d):
(e) Council Member Barneich:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Coordinating Council (HSOC)
(3) Tourism Committee
13. COUNCIL COMMUNICATIONS
Mayor Ferrara reported that information will be distributed soon to announce the ribbon cutting
ceremony for the Public Art Mural in the Village.
14. STAFF COMMUNICATIONS
City Manager Adams reported that there was good staff turnout for the Visit California promotion
video.
15. COMMUNITY COMMENTS AND SUGGESTIONS
John Keen, N. Elm Street, commented that the Public Art Mural is beautiful. He also referred to
the Charter measure and questioned how “municipal affairs” is defined and emphasized the
need for public education about municipal affairs.
16. ADJOURN TO CLOSED SESSION:
Mayor Ferrara invited public comment on the closed session items. No public comments were
received. At 8:55 p.m., Mayor Ferrara adjourned the open session and the Council proceeded
to closed session.
17. CLOSED SESSION:
a. 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
b. 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
c. Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
Property: Lots 2 and 3, Tract 3018, Located on Old Ranch Road, Arroyo
Grande
Agency Negotiator: Steven Adams, City Manager
Negotiating Party: Clarence Cabreros
Under Negotiation: Price, Terms and Conditions of Potential Sale
18. RECONVENE TO OPEN SESSION
Announcements, if any, will be made at the next scheduled meeting on July 8, 2014.
19. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:15 p.m.
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_______________________________
Tony Ferrara, Mayor
ATTEST:
_______________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
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