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Minutes 2013-08-13 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 13, 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 6:01 p.m. 2. ROLL CALL City Council: Council Member Jim Guthrie, Council Member Caren Ray, Council Member Tim Brown, Mayor Pro Tem Costello, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, Assistant City Attorney David Hirsch, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Community Development Teresa McClish, Director of Public Works Geoff English, Police Chief Steven Annibali, and Associate Planner Kelly Heffemon. 3. FLAG SALUTE Andrew Meade, representing Toastmasters International, led the Flag Salute. 4. INVOCATION Pastor Randy Ouimette, Saint John's Lutheran Church and Five Cities Fire Authority Chaplain, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Mayor Ferrara reported that on Tuesday, July 9, 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, 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. Minutes: City Council Page 2 Tuesday, August 13, 2013 6. SPECIAL PRESENTATIONS None. 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 Brown moved, and Council Member Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Ray, Guthrie, Costello, Ferrara, NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period July 1, 2013 through July 31, 2013. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of June 30, 2013, as required by Government Code Section 53646(b). 8.c. Consideration of a Resolution Authorizing the Fire Station Expansion General Obligation Bond Property Tax Levy Rate. Action: Adopted Resolution No. 4537 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE STATION EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2013-14". 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting/City as Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency meeting of July 9, 2013, as submitted. 8.e. Consideration of Contract for Animal Care and Control Services. Action: Approved the Contract for Animal Care and Control Services with the County of San Luis Obispo not to exceed the first year amount of $60,393 and authorized the Mayor to execute the Agreement. 8.f. Consideration of Temporary Use Permit 13-017 Authorizing Closure of City Streets and Use of City Property for the 76th Annual Arroyo Grande Valley Harvest Festival, Friday and Saturday, September 27-28, 2013. Action: Adopted Resolution No. 4538 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 13-017, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 760 ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 27-28, 2013". Minutes: City Council Page 3 Tuesday, August 13, 2013 8.g. Consideration of an Award of Contract to American Asphalt South, Inc. for Construction of the 2013 Street Resurfacing Project PW 2013-08. Action: 1) Awarded a contract for the 2013 Street Resurfacing Project to American Asphalt South, Inc. in the amount of $304,725; 2) Authorized the City Manager to approve change orders for 5% of the contract amount, $15,236 for unanticipated costs during the construction phase of the project; 3) Appropriated $45,706 from the Sales Tax Fund.; and 4) Directed the City Clerk to file a Notice of Exemption. 8.h. Consideration of an Award of Contract to CalPortland Construction for Construction of the 2013 Citywide Digout Project, 2013-07. Action: 1) Awarded a contract for construction of the 2013 Citywide Digout Project to CalPortland Construction in the amount of $766,041; 2) Authorized the City Manager to approve change orders in the amount of 10% of the contract amount $76,604, for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. 8.i. Consideration to Increase the Construction Contingency Amount for the Montego Street North Sidewalk, Phase II Project, PW 2013-02. Action: 1) Increased the project contingency from $13,749 to $45,000 for the Montego Street Sidewalk, Phase II Project; and 2) Authorized the City Manager to approve change orders up to $45,000 for unanticipated costs during the construction phase of the project. 8.j. Consideration of Approval of a Qualified Vendor List for Capital Improvement Project Inspection Consultant Services. Action: Approved the Qualified Vendor List for Capital Improvement Inspection Consultant Services. 8.k. Consideration to Approve the Purchase of New Supervisory Control and Data Acquisition (SCADA) System Radios. Action: Authorized the purchase of eighteen SCADA System radios/modems from TeleDesign Systems, Inc. in the amount of$20,298.18. B.I. Consideration of Consultant Services Agreement with Barnett Cox and Associates for Tourism Marketing Services. Action: Approved a Consultant Services Agreement with Barnett Cox & Associates for tourism marketing services to assist the Tourism Business Improvement District. 9. PUBLIC HEARINGS 9.a. Consideration of Reallocation of Community Development Block Grant (CDBG) Funds from Certain Projects Approved in Years 2008 through 2012 to Fund Removal of Architectural Barriers at the Soto Sports Complex; 1275 Ash Street. Associate Planner Heffemon presented the staff report and recommended that the Council adopt a Resolution approving the reallocation of CDBG funds for Program Years 2008 through 2012 for the purpose of funding the removal of architectural barriers at the Soto Sports Complex. Mayor Ferrara opened the public hearing. Hearing no comments, the public hearing was closed. Minutes: City Council Page 4 Tuesday, August 13, 2013 Action: Mayor Pro Tern Costello moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM CERTAIN PROJECTS APPROVED IN YEARS 2008 THROUGH 2012 TO FUND THE REMOVAL OF ARCHITECTURAL BARRIERS AT THE SOTO SPORTS COMPLEX (1275 ASH STREET)". Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Costello, Brown, Ray, Guthrie, Ferrara NOES: None ABSENT: None Council Member Ray suggested that in future years, the Council consider pre-prioritizing projects and proposed funding for administrative projects prior to the public hearing process. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of an Ordinance Amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code (Community Tree Program). Director of Public Works English presented the staff report and recommended that the Council introduce an Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code (Community Tree Program). Mayor Ferrara opened the public comment period on the proposed Ordinance. No public comment was received. Action: Council Member Guthrie moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE (COMMUNITY TREE PROGRAM)." Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Costello, Brown, Ray, Ferrara NOES: None ABSENT: None 11.b. Consideration of the First Amendment to the Affordable Housing and Loan Agreement with Court land Street Apartments, L.P. for Financial Assistance for Court land Street Affordable Housing Project. Mayor Ferrara declared a conflict of interest due to ownership of real property near the subject property and stepped down from the dais. Mayor Pro Tem Costello took over as Presiding Officer. Minutes: City Council Page 5 Tuesday, August 13, 2013 City Manager Adams presented the staff report and recommended that the Council approve the First Amendment to the Affordable Housing and Loan Agreement with Court land Street Apartments, L.P. to provide an additional $400,000 in financial assistance for the Court land Street affordable housing project. Mayor Pro Tern Costello opened the public comment period. Speaking from the public in support of the amendment was Ken Trigueiro, Director of Real Estate Finance for Peoples' Self Help Housing. Hearing no further comments, Mayor Pro Tern Costello closed the public comment period. Council Member Ray expressed concern about approving additional affordable housing funds for facade improvements for this project that would otherwise go toward another affordable housing project. She stated she was comfortable with the Architectural Review Committee's approval of the modified design and would rather see this amount of money go toward another affordable housing project. Action: Council Member Guthrie moved to approve the First Amendment to the Affordable Housing and Loan Agreement with Court land Street Apartments, L.P. to provide an additional $400,000 in financial assistance for the Court land Street affordable housing project. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Brown, Costello NOES: Ray ABSENT: Ferrara (recused) Mayor Ferrara returned to the meeting and took over as Presiding Officer. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Ray announced that the Economic Vitality Corporation (EVC) has partnered with the Community Environmental Council on a program coming forward called Solarized San Luis Obispo County. She stated more information on the program would be presented in upcoming presentations to be held at the A.G. Portuguese Hall on September 51' and that information about the program is also available at www.solarizeslo.org. Mayor Ferrara requested that staff provide an update on the restroom project at Heritage Square Park. He commented that throughout the summer, there have been up to 400 people in the park attending the Summer Concert Series and they have to be referred to the public restrooms located in Olahan Alley. Minutes: City Cquncil Page 6 Tuesday, August 13, 2013 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURN TO CLOSED SESSION Mayor Ferrara invited public comment on the closed session items. No public comments were received. At 7:18 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to dosed 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 8:05 p.m. Tony Fertafj, ayor ATTEST: A I / . 1 i Kelly '-tmy e, City Clerk (Approved at CC Mtg p '27-2013)