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Minutes 2015-05-12 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 12, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro Tern Kristen Barneich and Mayor Jim Hill were present. City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham, 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, Chief of Police Steve Annibali, Public Works Director Geoff English, Building Official Johnathan Hurst, and Public Works Supervisor Ron Simpson. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Terry Orion, representing Arroyo Grande Lions Club, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. 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 6.a. Honorary Proclamation Declaring May 2015 as "Building Safety Month". Mayor Hill presented an Honorary Proclamation declaring May 2015 as "Building Safety Month". Johnathan Hurst, Building Official, accepted the Proclamation. 6.b. Honorary Proclamation Declaring May 17-23, 2015 as "National Public Works Week". Mayor Hill presented an Honorary Proclamation declaring May 17-23, 2015 as "National Public Works Week". Mike Linn, Capital Projects Engineer, and Ron Simpson, Public Works Supervisor, accepted the Proclamation. Minutes: City Council Regular Meeting Page 2 Tuesday, May 12, 2015 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were: Linda Osty, Arroyo Grande, who provided an invocation; Patty Welsh, Arroyo Grande, who referred to an upcoming Five Cities Fire Authority (FCFA) meeting and expressed concerns about the budget, increasing costs for CaIPERS contributions and proposed personnel additions and how those would be funded, and suggested that CalFire provide a bid for services; Beatrice Spencer, Arroyo Grande, expressed concerns about the proposed Five Cities Fire Authority Budget, that the Authority has not been using correct funding allocations which will increase Arroyo Grande's contributions, and that a bid from CalFire should be considered; and Randall Morton, Arroyo Grande, commented that Congress passed a law that veterans may salute the flag with a traditional military salute, and stated in 1972-73 he was a Junior Engineer for the Westinghouse Diablo Canyon Nuclear Power Plant and has recently returned to the area. 8. CONSENT AGENDA Mayor Hill invited public comment on the Consent Agenda. No comments were received. Mayor Hill requested Item 8.c. be pulled. Action: Council Member Guthrie moved, and Mayor Pro Tem Barneich seconded the motion to approve Consent Agenda Items 8.a. through 8.e., with the exception of Item 8.c., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period April 16, 2015 through April 30, 2015. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of April 28, 2015, as submitted. 8.d. Consideration of Waiver of the Planning Application Fee for Conditional Use Permit 15-001 to Implement a Stream Gauge Fish Passage Improvement Project; Location —Arroyo Grande Creek in Proximity to Clarence Avenue and Myrtle Drive (APN 007-572-029 and 007-572-031); Applicant: Central Coast Salmon Enhancement, Inc. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A WAIVER OF THE PLANNING APPLICATION FEE FOR CONDITIONAL USE PERMIT 15-001; LOCATION — ARROYO GRANDE CREEK IN PROXIMITY TO CLARENCE AVENUE AND MYRTLE DRIVE (APN 007-572-029 AND 007-572-031); APPLICANT - CENTRAL COAST SALMON ENHANCEMENT, INC. (CCSE)". 8.e. Consideration of Cancellation of July 14, 2015 City Council Meeting. Action: Cancelled the regularly scheduled Council meeting of July 14, 2015. ITEMS PULLED FROM THE CONSENT AGENDA 8.c. Consideration of an Award of Contract to D-Kal Engineering, Inc. for the Crown Terrace Sewer Replacement Project, PW 2015-05. Minutes: City Council Regular Meeting Page 3 Tuesday, May 12, 2015 Recommended Action: 1) Award a contract for the Crown Terrace Sewer Replacement Project to D-Kal Engineering, Inc. in the amount of$73,156; 2) Authorize the Interim City Manager to approve change orders up to 20% of the contract amount, $14,631, for unanticipated costs during the construction phase of the project; 3) Appropriate an additional $28,000 from the Sewer Fund to the subject project budget; and 4) Direct the City Clerk to file a Notice of Exemption. In response to questions by Mayor Hill, Public Works Director English explained the industry standard protocol for change orders and that it is common practice to request Council approval for change orders for up to 20% of the contract amount for projects that include excavation, trenching, or other in-ground issues. Interim City Manager McFall also noted that contingency funds are within the approved project budget. Mayor Hill invited public comment. Patty Welsh, Arroyo Grande, expressed concern with the 20% contingency amount for change orders. No further public comments were received. Action: Council Member Guthrie moved to: 1) Award a contract for the Crown Terrace Sewer Replacement Project to D-Kal Engineering, Inc. in the amount of $73,156; 2) Authorize the Interim City Manager to approve change orders up to 20% of the contract amount, $14,631, for unanticipated costs during the construction phase of the project; 3) Appropriate an additional $28,000 from the Sewer Fund to the subject project budget; and 4) Direct the City Clerk to file a Notice of Exemption. Mayor Pro Tem Barneich seconded and the motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS 10.a. Consideration of Budget Reallocation for the Police Station Addition/ Tenant Improvements Project, PW 2014-08 and Approval of a Third Amendment to the Agreement with IBI Group Architecture Planning, Inc. Public Works Director English presented the staff report and recommended that the Council: 1) Reallocate savings from the Police Department operating budget to the Police Station Addition/Tenant Improvements Project for previously approved services and project closing costs; and 2) Authorize the Mayor to execute Amendment No. 3, reviving and extending the term of the Consultant Services Agreement with IBI Group Architecture Planning Inc., to cover additional construction administration services resulting from project delays and providing additional compensation for such services. Chief Annibali provided an overview of the project improvements and provided a visual presentation of the building's interior and exterior remodel. Council questions ensued regarding use of COPS Funds; radio communications systems; clarification of additional services by IBI Group; fence and roof-top screening; the outstanding Minutes: City Council Regular Meeting Page 4 Tuesday, May 12, 2015 claim from the contractor; and the total cost of the project. Staff stated that a project close-out report detailing costs of the project would be provided to the Council when the Notice of Completion is presented for approval. Mayor Hill invited public comment. Beatrice Spencer, Arroyo Grande, expressed concern regarding the contract extension, provisions for penalties, and that the cost for furniture, fixtures and equipment seems high; Patty Welsh, Arroyo Grande, expressed concern regarding costs for the project, issues with the contractor, and whether the fence screening material will hold up over time. No further public comments were received. Interim City Manager McFall responded to public comments regarding liquidated damages, counter-claims, the outstanding invoice, changes in the project design that occurred, clarification regarding the estimate for furniture, fixtures, and equipment, and the expected life span of the fence screening material. Action: Council Member Harmon moved to: 1) Reallocate savings in the amount of $112,000 from the Police Department operating budget to the Police Station Addition/Tenant Improvements Project for previously approved services and project closing costs; and 2) Authorize the Mayor to execute Amendment No. 3, reviving and extending the term of the Consultant Services Agreement with IBI Group Architecture Planning Inc., to December 31, 2015 to cover additional construction administration services resulting from project delays and providing additional compensation for such services. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Guthrie, Brown, Barneich, Hill NOES: None ABSENT: None Mayor Hill called for a break at 8:45 p.m. The Council reconvened at 8:55 p.m. 11. NEW BUSINESS 11.a. Consideration of Preliminary FY 2015-16 and FY 2016-17 Budget: Capital Improvement Program and Non-General Fund Programs. Interim City Manager McFall introduced the item and Administrative Services Director Malicoat presented the staff report and recommended that the Council review and provide direction on the Preliminary FY 2015-16 and FY 2016-17 Budget for the City's Capital Improvement Program, Enterprise Fund programs, Sales Tax Fund programs and other Special Revenue Fund programs. Council questions and discussion ensued regarding the proposed Council Chambers remodel and audio/visual upgrade project as it relates to completing the ADA improvements; the Citywide solar panel project; the firewall replacement device; new financial management software; the Don Roberts Field lighting project; the Local Sales Tax Fund Plan as it relates to increased funding for Five Cities Fire Authority; the Sewer System Management Plan Audit; the proposed Water Fund position; the Hoosegow Park Staircase Project; potential use of Park Development Fees for improvements to the Dog Park; the Brisco Interchange Project; East Branch Street Streetscape Project; the Le Point Street Parking Lot project as it relates to increasing the funding allocations for future property purchase; the Castillo del Mar Minutes: City Council Regular Meeting Page 5 Tuesday, May 12, 2015 improvement project as it relates to funding identified in the Memorandum of Understanding; the sewer rehabilitation project near Arroyo Grande Creek; upgrades to the Elm Street building; funding for the police firing range; Fair Oaks/Orchard Avenue intersection improvements; the unfunded recycled water project; donations for the Woman's Club kitchen remodel project, Citywide ADA improvements; affordable housing funds; funding for the safety improvement program for crosswalk improvements; facility maintenance and upgrades; stormwater and drainage improvements; transfers to the General Fund; and pursuing grant funding for a recycled water project. Mayor Hill invited public comment. Patty Welsh, Arroyo Grande, referred to the landscaping from Branch Street to Mason Street and asked if that included installation of a sidewalk on the Paulding curve; expressed concern about the proposed Recreation Center project which would bring more congestion to the Brisco Interchange; and expressed concern that she did not see any plans for improvements to East Grand Avenue; Beatrice Spencer, Arroyo Grande, expressed concerns with the feasibility of the location of the proposed Recreation Center project as it relates to increased traffic, expressed concern regarding a proposed roundabout at Fair Oaks Avenue which would impact high school traffic, expressed concern she did not see anything in the 5 year plan for water reclamation, and would like it placed higher on the priority list; opposed spending funds on the Hoosegow Park staircase project and stated that the funds should be used for lighting at Don Roberts Field. No further public comments were received. Council comments ensued, which included general support of the Preliminary Budget for capital improvement and non-General Fund programs, and specific direction to staff to eliminate the proposed Hoosegow Park staircase project. No formal action was taken. At this time, Mayor Hill noted that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m. Action: Council Member Guthrie moved to continue the meeting past 11:00 p.m., Mayor Pro Tern Barneich seconded, and the motion passed unanimously by voice vote. 12. COUNCIL COMMUNICATIONS Council Member Brown noted that his car was stolen and recovered by Arroyo Grande Police Officer Smith and thanked the Police Department for their work. Council Member Guthrie stated he had not received a copy of the Five Cities Fire Authority Preliminary Budget and asked how Council would be able to review the budget and communicate with the Council's appointed representative before the meeting takes place. Discussion ensued regarding Council policy regarding Council direction on items from appointed Boards and Committees. Five Cities Fire Authority Chief Lieberman stated that he would only be presenting the Preliminary Budget to the Board on Friday and no action would be taken. Interim City Manager McFall indicated that there would be time to put the FCFA Preliminary Budget on the next regular City Council agenda for review and direction. Mayor Hill stated that he, Council Member Harmon, and Chief Annibali attended the Men's Club Comedy Show recently and expressed appreciation for the large amount of work the Men's Club does in Arroyo Grande. He also announced that the Amgen Tour would be going through Arroyo Grande on May 13th and that there would be several road closures for the event. Minutes:City Council Regular Meeting Page 6 Tuesday, May 12, 2015 13. STAFF COMMUNICATIONS None. 14. COMMUNITY COMMENTS AND SUGGESTIONS None. 15. CLOSED SESSION: At 11:15 p.m., City Attorney Whitham announced the City Council would adjourn to closed session to consider the following item: a) CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1): Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214 16. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open• session at 12:01 p.m. City Attorney Whitham reported that the Council directed the City Attorney to terminate the Agreement for Special Legal Services with Nossaman, Guthner & Knox and the Oceano Community Services District. The vote was unanimous. 17. ADJOURNMENT Mayor Hill adjourned the meeting at 12:02 a.m. It Ji Hill, Mayor EST: ! l/ 1__/ .I1�.:ial Kelly W-t 1�re, City Clerk (Approve• at CC Mfg b 9-2 0(5 )