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Minutes 2013-09-24 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 24, 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 6:00 p.m. 2. ROLL CALL City Council: Council Member Caren Ray, Mayor Pro Tern Joe Costello and Mayor Tony Ferrara were present. Council Member Jim Guthrie and Council Member Tim Brown were absent. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Deputy City Clerk Kitty Norton, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, Building Official Johnathan Hurst, and Five Cities Fire Authority Fire Chief Mike Hubert. 3. FLAG SALUTE Lenny Jones, representing Arroyo Grande Rotary Club, led the Flag Salute. 4. INVOCATION Pastor Ron Dee, Harvest Church, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Mayor Ferrara reported that on Tuesday, September 10, 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 Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(a) Name of Case: U.S. ex rel. Hendrix v. J-M Manufacturing Company, Inc. et al. United States District Court, Central District of Califomia, Civil Action No. 06-00055 (GW) - Conference With Real Property Negotiator pursuant to Govemment Code Section 54956.8: Property: Lots 1, 2 & 3 of Tract 3018, Located on Old Ranch Road, Arroyo Grande Agency Negotiator: Steven Adams, City Manager Negotiating Party: Janet Axelson Under Negotiation: Price, Terms and Conditions of Potential Sale Minutes: City Council Page 2 Tuesday, September 24, 2013 5.b. Ordinances Read in Title Only. Mayor Pro Tern Costello moved, Council Member Ray 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 October 2013 as "Rideshare Month" and October 9t° as "International Walk to School Day". Mayor Ferrara presented an Honorary Proclamation declaring October 2013 as "Rideshare Month" and October 91h as "International Walk to School Day". Jim DeCecco accepted the proclamation on behalf of San Luis Obispo Regional Rideshare. 6.b. Honorary Proclamation Declaring September 2013 as "Childhood Cancer Awareness Month". Mayor Ferrara presented an Honorary Proclamation declaring September 2013 as "Childhood Cancer Awareness Month". Trisha Oksner accepted the proclamation. 7. CITIZENS' INPUT. COMMENTS,AND SUGGESTIONS Speaking from the public was Bob Lund, representing Arroyo Grande In Bloom, regarding awards the City received at the Annual America In Bloom Symposium. He also spoke about the upcoming Public Art Rooster Contest. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. There were no public comments received. Council Member Ray requested that Item 8.d. be pulled. Action: Mayor Pro Tem Costello moved, and Council Member Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the exception of Item 8.d., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Costello, Ray, Ferrara NOES: None ABSENT: Guthrie, Brown 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 1, 2013 through September 15, 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 August 31, 2013, as required by Govemment Code Section 53646(b). Minutes: City Council Page 3 Tuesday, September 24, 2013 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 10, 2013, as submitted. 8.e. Consideration of Resolution Amending the Policy/Procedure for Conducting City Council Business. Action: Adopted Resolution No. 4548 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS". 8.f. Consideration of Acceptance of the Fair Oaks Avenue Waterline and Street Improvement Project, PW 2013-06. Action: 1) Accepted the project improvements as constructed by Brough Construction Company in accordance with the plans and specifications for the Fair Oaks Avenue Waterline and Street Improvement Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.g. Consideration of Acceptance of the Montego Street North Sidewalk, Phase II Project, PW 2013-02. Action: 1) Accepted the project improvements as constructed by Brough Construction Company in accordance with the plans and specifications for the Montego Street North Sidewalk, Phase II Project; 2) Directed staff to file a Notice of Completion; and 3) 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.d. Consideration of Memorandum of Understanding (MOU) with the Service Employees International Union (SEIU) Local 620. Recommended Action: Adopt a Resolution approving a Memorandum of Understanding with the Service Employees International Union Local 620 for FY 2013-14. In response to a question by Council Member Ray, City Manager Adams clarified that the fiscal impact of the MOU results in a one-time increase in costs and an ongoing decrease. Action: Council Member Ray moved, and Mayor Pro Tem Costello seconded the motion to adopt Resolution No. 4549 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620". The motion passed on the following roll-call vote: AYES: Ray, Costello, Ferrara NOES: None ABSENT: Guthrie, Brown 9. PUBLIC HEARINGS None. Minutes: City Council Page 4 Tuesday, September 24, 2013 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of a Proposed Ordinance Amending Portions of Title 8 (Fire Code) and Title 15 (Building and Construction Codes) of the Arroyo Grande Municipal Code. Building Official Hurst presented the staff report and recommended that the Council: 1) Introduce an Ordinance amending portions of Arroyo Grande Municipal Code Chapters 8.04 and 8.08 related to the adoption of the California Fire Code and the International Fire Code; amending portions of Chapter 15.04 related to the adoption of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Code, California Energy Code, California Historical Building Code and the.International Property Maintenance Code; and 2) Schedule a public hearing for October 8, 2013, in accordance with the requirements of Government Code Section 50022.3, to consider final adoption of the Ordinance. Mayor Ferrara invited public comment. Hearing none, the public comment period was closed. Action: Council Member Ray moved to introduce an Ordinance, by title only, as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF ARROYO GRANDE MUNICIPAL CODE CHAPTERS 8.04 AND 8.08 RELATED TO THE ADOPTION OF THE CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE; AND AMENDING PORTIONS OF CHAPTER 15.04 RELATED TO THE ADOPTION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA GREEN BUILDING CODE CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE". Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: Ray, Costello, Ferrara NOES: None ABSENT: Guthrie, Brown Action: Mayor Pro Tern Costello moved to schedule a public hearing to consider adoption of the Ordinance on October 8, 2013. Council Member Ray seconded, and the motion passed on the following roll-call vote: AYES: Costello, Ray, Ferrara NOES: None ABSENT: Guthrie, Brown Minutes: City Council Page 5 I Tuesday, September 24, 2013 12. CITY COUNCIL REPORTS Mayor Ferrara requested that this item be tabled until there is a full Council. 13. CITY COUNCIL MEMBER ITEMS Council Member Ray reminded everyone of the Harvest Festival this weekend. Mayor Ferrara reported on his attendance at the Annual League of California Cities Conference. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS None. 16. STAFF COMMUNICATIONS None. 17. COMMUNITY COMMENTS AND SUGGESTIONS None. 18. CLOSED SESSION None. 19. ADJOURNMENT Mayor Ferrara adjou ed the meeting at 6:29 p.m. Tony e a ayor ATTEST: Kitty Norto Deputy City Clerk (Approved at CC Mtg /0 —04- /3 )