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Minutes 2013-10-08 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TUESDAY, OCTOBER 8, 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 Jim Guthrie, Council Member Tim Brown, Mayor Pro Tem Costello, and Mayor Tony Ferrara were present. (Note: Council Member Caren Ray resigned on October 3, 2013) 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 Public Works Geoff English, and Police Chief Steven Annibali. 3. FLAG SALUTE Members of the El Camino 4-H Group 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. 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 None. 7. CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS Speaking from the public was Caren Ray, District 4 Supervisor, who commented on her appointment to the County Board of Supervisors; announced that she took her Oath of Office this morning; stated that she wanted to come tonight to say goodbye and thank those who came this morning to support her; and said that she will continue to support the City Council and the City of Arroyo Grande. Minutes: City Council/Successor Agency Page 2 Tuesday, October 8, 2013 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. No comments were received. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Guthrie, Costello, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2013 through September 30, 2013. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 24, 2013, as submitted. 8.c. Consideration of Resolution Waiving Food Waste Recycling Charges for Non- Profit Events. Action: Adopted Resolution No. 4550 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DIRECTING SOUTH COUNTY SANITARY SERVICE TO WAIVE FOOD WASTE RECYCLING FEES FOR NON- PROFIT EVENTS". 8.d. Consideration of an Agreement for Consultant Services for Implementation of a Storage Area Network (SAN), Server Virtualization, and Enterprise Data Backup Solution. Action: Approved an Agreement for Consultant Services with CIO Solutions for a Storage Area Network, Server Virtualization, and Enterprise Data Backup Solution and authorize the Mayor to execute the Agreement. 8.e. Consideration to Approve a Consultant Services Agreement for the Leanna Drive Creek Crossing Waterline Upgrade Project. Action: 1) Approved a Consultant Services Agreement with Cannon Corporation in the amount of$83,508.00; 2) Authorized the City Manager to approve change orders up to 10% of the contract amount, $8,350.00, for additional work and unanticipated costs during the design and environmental review process; and 3) Appropriated $38,500 from the Water Fund to cover the costs for the agreement. 8.f. Consideration of an Award of Contract to T. Simons Company, Inc. for Construction of the Soto Complex Barrier Removal Project, PW 2013-09. Action: 1) Awarded a contract for construction of the Soto Sports Complex Barrier Removal project to T. Simons Company, Inc. in the amount of $89,269.18; 2) Authorized the City Manager to approve change orders for 30% of the contract amount, $26,808.00 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. Minutes: City Council/Successor Agency Page 3 Tuesday, October 8, 2013 8.g. Consideration of Temporary Use Permit Case No. 13-021 Authorizing "Halloween in the Village" on Thursday, October 31, 2013 and Directing Staff to Implement Related Safety Measures Including No Parking Zones, Street Closures and Warning Devices. Action: Adopted Resolution No. 4551 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 13-021 AUTHORIZING "HALLOWEEN IN THE VILLAGE" ON THURSDAY, OCTOBER 31, 2013 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES". 8.h. Consideration of Approval of Kitchen Renovation Project for the Woman's Club Community Center. Action: 1) Approved a plan to renovate the Woman's Club Community Center kitchen; and 2) Appropriated $20,000 for the project from Special Revenue Fund 215. 8.i. Consideration of Council Appointment to Historical Resources Committee. Action: Approved the appointment of Mike Fairbrother to the Historical Resources Committee (HRC). 8.j. [SUCCESSOR AGENCY] Consideration of Long Range Property Management Plan for the Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency. Action: Approved the Long Range Management Plan. 9. PUBLIC HEARINGS 9.a. Consideration of Adoption of an 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, provided an overview of the ISO (Insurance Service Organization) Building Code Enforcement Evaluation Report, and recommended that the Council adopt 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; 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 Energy Code, California Historical Building Code and the International Property Maintenance Code. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Mayor Pro Tern Costello moved to adopt an Ordinance entitled: "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 CAUFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE; AND AMENDING PORTIONS OF CHAPTER 15.04 RELATED TO THE ADOPTION OF Minutes: City Council/Successor Agency Page 4 Tuesday, October 8, 2013 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". Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Costello, Guthrie, Brown, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS 10.a. Consideration of Support for the Creation of a Benefit Assessment District for the Five Cities Fire Authority. Five Cities Fire Authority Fire Chief Mike Hubert presented the staff report and recommended that the City Council support and provide direction to the Five Cities Fire Authority representative to proceed with the process of forming a Benefit Assessment District. John Bliss, SEI Consulting, responded to questions from Council regarding a benefit assessment district versus a parcel tax; spoke about case law with regard to benefit assessment districts; staffing and related costs; clarification regarding information contained in the Assessment Engineer's Report, including additional costs that may be identified; and the importance of the public education process. Mayor Ferrara invited public comment, and upon hearing none, he closed the public comment period. Action: Mayor Pro Tem Costello moved to support and provide direction to the Five Cities Fire Authority representative to proceed with the process of forming a Benefit Assessment District. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Costello, Guthrie, Brown, Ferrara NOES: None ABSENT: None 10.b. Consideration of Listing for Sale of Old Ranch Road Properties. City Manager Adams presented the staff report and recommended that the City Council: 1) Approve delaying re-listing the Old Ranch Road lots for a period of four months; 2) Authorize the City Manager to renew the exclusive listing agreement with Lenny Jones of Jones Goodell & Associates for an additional 6-month period to begin at that time; 3) Direct the City Manager to return with revised listing price recommendations at that time; and 4) Minutes: City Council/Successor Agency Page 5 Tuesday, October 8, 2013 Direct the City Manager to return with recommendations on how to fund the remainder of the Police Station costs until revenue from sale of the lots is generated. Lenny Jones, Jones Goodell and Associates, Inc., responded to questions from Council. Council Member Brown expressed concern that the Council hasn't looked at other options and is therefore not maximizing the value of the lots. Mayor Ferrara invited public comment. Speaking from the public was Jason Blankenship. Council and staff discussion ensued and there was consensus for delaying the re-listing of the Old Ranch Road lots for a period of four months in order to examine other options at a future date. Action: Mayor Pro Tem Costello moved to direct staff to approve delaying re-listing the Old Ranch Road lots for a period of four months, direct staff to look at other options, and bring back recommendations to Council prior to re-listing the properties. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Costello, Brown, Guthrie, Ferrara NOES: None ABSENT: None 11. NEW BUSINESS 11.a. Consideration of Temporary Police Department Relocation Plan. City Manager Adams presented the staff report and recommended that the City Council: 1) Approve the proposed Police Department relocation plan to the City of Arroyo Grande and Woman's Club Community Center; 2) Authorize the City Manager to execute an agreement with the County of San Luis Obispo Sheriffs Department for temporary use of their dispatch center; and 3) Appropriate $40,000 from the unappropriated General Fund balance for one- time costs associated with relocation of dispatch services. Chief Annibali provided additional information regarding the relocation plan, and responded to questions from Council about security of public safety vehicles and equipment and auxiliary power in the event of an outage. Recreation Services Director Rogers provided an overview of the proposed plan to temporarily relocate community groups and events that use the Woman's Club on a regular basis to other locations. Mayor Ferrara invited public comment, and upon hearing none, he closed the public comment period. Action: Mayor Pro Tem Costello moved to: 1) Approve the proposed Police Department relocation plan to the City of Arroyo Grande and Woman's Club Community Center; 2) Authorize the City Manager to execute an agreement with the County of San Luis Obispo Minutes: City Council/Successor Agency Tuesday, October 8, 2013 Page& Sheriff's Department for temporary use of their dispatch center; and 3) Appropriate $40,000 from the unappropriated General Fund balance for one-time costs associated with relocation of dispatch services. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Guthrie, Brown, Ferrara None None Mayor Ferrara called for a break at 7:55 p.m. The Council reconvened at 8:08 p.m. 11.b. Consideration of Process for Filling City Council Vacancy. City Attorney Carmel presented the staff report and recommended that the City Council consider options for the procedures to use to fill a vacancy on the City Council created by the resignation of Council Member Ray on October 4, 2013, and direct staff accordingly. Mayor Ferrara invited public comment, and upon hearing none, he closed the public comment period. Council comments and discussion ensued in support of using the same process utilized in 2010. Action: Council Member Guthrie moved to establish a 10 day J>eriod for accepting applications with a deadline of October 18, 2013; set November 12 as the meeting date in which the Council intends to make a selection; to use the same ranking system to initiate the nomination process; and to consider questions for the applicant forum at the October 22nd City Council meeting. Council Member Brown seconded, and the motion passed on the following voice vote: AYES: NOES: ABSENT: Guthrie, Brown, Costello, Ferrara None None 12.COUNCIL COMMUNICATIONS Council Member Brown referred to the Peoples' Kitchen in Grover Beach and asked staff if there was anything the City of Arroyo Grande could do to assist in their efforts to find another location. City Manager Adams responded that he is involved with the Homeless Coalition and would keep the Council informed on efforts related to the Peoples' Kitchen. Mayor Ferrara thanked everyone that was involved in the recent Annual Harvest Festival. 13.STAFF COMMUNICATIONS City Manager Adams, as Harvest Festival Chair, presented Mayor Ferrara with a perpetual plaque for winning the Goat Milking contest. Minutes: City Council/Successor Agency Page 7 Tuesday, October 8, 2013 14. COMMUNITY COMMENTS AND SUGGESTIONS Speaking from the public was Barbara Harmon, who asked when applications for the City Council vacancy would be available. Staff responded the application would be posted on the City's website the next day and would also be available at City Hall. 15. ADJOURN TO CLOSED SESSION Mayor Ferrara invited public comment on the closed session items. No public comments were received. At 8:32 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to closed session. 18. CLOSED SESSION a. Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Manager b. Conference With Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: City Attorney Unrepresented Employee: City Manager 19. RECONVENE TO OPEN SESSION 20. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:56 p.m. Tony Ferri-, •yor ATTEST: ��se Kelly We. o r, City Clerk (Approved at CC Mtg /O "27 "2o/3 )