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CC 2014-02-11_08.c. Approval of CC Minutes 01-14-14ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 14, 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 6:00 p.m. 2. ROLL CALL City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council Member Joe Costello, and Mayor Tony Ferrara were present. Mayor Pro Tem Jim Guthrie was absent. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Assistant City Attorney David Hirsch, 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, and Director of Public Works Geoff English. 3. FLAG SALUTE Terry Orton, representing Arroyo Grande Lions Club, led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh Day Adventist Church, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 5.b. Ordinances Read in Title Only. Council Member Costello moved, Council Member Brown 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. Presentation of Mayor’s Commendations to City Charter Advisory Committee Members. Mayor Ferrara expressed his appreciation and presented Mayor’s Commendations to City Charter Advisory Committee Members Tom Goss, Patricia Hardy, Bob Lund, John Keen, Zachery Hall, Randy Steiger, Judith Bean, and Andrea Montes. Mrs. Jan Scott accepted a Commendation on behalf of her late husband Kirk Scott, who also participated on the Committee. Mayor Pro Tem Guthrie arrived at the meeting at 6:07 p.m. and took his place at the dais. Item 8.c. - Page 1 Minutes: City Council Page 2 Tuesday, January 14, 2014 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Speaking from the public were Mark Lewis, Arroyo Grande resident, regarding speed, pedestrian safety, and road conditions on S. Elm Street and requested the City delay installation of the flashing beacons until a comprehensive traffic study could be completed; and Steve Ross, Garden Street, who commented that a crosswalk will be located farther north on S. Elm Street and will include ADA ramps. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. No comments were received. Action: Council Member Barneich moved, and Mayor Pro Tem Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.p., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Costello, Brown, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period December 1, 2013 through December 31, 2013. 8.b. Consideration of Contract Award for Banking and Merchant Services. Action: Awarded a contract to U.S. Bank for banking and merchant services for an initial period of five years and authorized the Mayor to sign the Master Services Agreement. 8.c. Consideration of Annual Financial Report - Fiscal Year 2012-13 Receipt and Use of Water and Sewer Capacity and Connection Fees/Charges. Action: Received and filed the annual report of the receipt and use of water and sewer capacity and connection fees and charges, in compliance with Government Code Section 66013. 8.d. Consideration Resolution Accepting the Status Report on Development Impact Fees (AB 1600). Action: Adopted Resolution No. 4561 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING THE STATUS REPORT ON DEVELOPMENT IMPACT FEES (AB-1600).” 8.e. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of December 10, 2013, as submitted. 8.f. Consideration of Council Appointment to the Historical Resources Committee. Action: Approved the recommendation of Council Member Barneich to appoint Kirsten Finberg to the Historical Resources Committee. 8.g. Consideration of Council Appointment to the Architectural Review Committee. Action: Approved the recommendation of Council Member Barneich to appoint Lan George to the Architectural Review Committee. 8.h. Consideration of Arroyo Grande In Bloom Funding Request. Action: Approved an expenditure of $1,200 to fund a donation requested by Arroyo Grande In Bloom to participate in the League of California Cities Annual Conference. Item 8.c. - Page 2 Minutes: City Council Page 3 Tuesday, January 14, 2014 8.i. Consideration of Resolution Amending the City Council Appointments Policy. Ac tion: Adopted Resolution No. 4562 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITY COUNCIL APPOINTMENTS POLICY”. 8.j. Consideration of Amendment to Façade Improvement Program Guidelines. Action: Authorized staff to increase the maximum amount for façade improvement grants up to $10,000 if the request involves removal of non-conforming pole signs. 8.k. Consideration of a Consultant Services Agreement for the Corporation Yard Renovation Project. Action: 1) Approved a Consultant Services Agreement with Harris Architecture & Design in the amount of $34,000; and 2) Authorized the City Manager to approve change orders up to 10% of the amount, $3,400 for additional work and unanticipated costs during the design and environmental review process. 8.l. Consideration to Declare Surplus Property. Action: Adopted Resolution No. 4563 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A 1989 PUBLIC WORKS SERVICE TRUCK AS SURPLUS AND AUTHORIZING ITS SALE OR DISPOSAL”. 8.m. Consideration of an Amendment to the Agreement with Sprinkler King, Inc. for Water Conserving Landscape Irrigation Retrofit Projects. Action: 1) Approved Amendment No. 2 to the Consultant Services Agreement with Sprinkler King, Inc. in the amount of $55,302 to complete water conserving landscape irrigation retrofit projects at Rancho Grande Park, Arroyo Grande Cemetery, Ocean View Elementary and Paulding Middle School; and 2) Authorized the Mayor to execute the amendment. 8.n. Consideration of Approval of Amendment to Communications Site Lease Agreement (Ground); Reservoir 2; 200 Hillcrest Drive. Action: Approved and authorized the Mayor to execute the Amendment to Communications Site Lease Agreement between the City of Arroyo Grande and SBA 2012 TC Assets, LLC. 8.o. Consideration to Accept the Donation of a Historic Collector Police Vehicle and Authorize the City Manager to Sign a Memorandum of Understanding Regarding Its Use. Action: Accepted the donation of a historic 1962 Ford Galaxy 500 police vehicle from Mr. Samuel P. Cotton for use at public display events and parades and authorized the City Manager to sign the Memorandum of Understanding. 8.p. Consideration of Change to Appointment of Council Member to the Homeless Services Oversight Council. Action: Approved appointment of Council Member Barneich to the Homeless Services Oversight Council. 9. PUBLIC HEARINGS 9.a. Consideration of Proposed City Charter Ballot Measure. City Manager Adams presented the staff report and recommended that the Council: 1) Hold a public hearing on the proposed City Charter; 2) Review the recommendations of the City Charter Advisory Committee; 3) Receive community comments and suggestions and provide direction on any changes to the recommended proposed charter; 4) Direct staff to proceed with Item 8.c. - Page 3 Minutes: City Council Page 4 Tuesday, January 14, 2014 the process of placing a charter measure on the ballot at the election to be held on November 4, 2014 by scheduling an additional public hearing; and 5) Appropriate $10,000 for public education efforts. He noted that supplemental information had been distributed prior to the meeting recommending that Section 700 be added. Assistant City Attorney Hirsch provided an overview of General Law Cities vs. Charter Cities. Staff then responded to questions from Council. Mayor Ferrara opened the public hearing. The following members of the public spoke: - Judith Bean, Chair of the City Charter Advisory Committee; in support of the proposed Charter; - Russell Johnson, Associated Builders and Contractors, Inc., in support of the proposed Charter with suggested changes to Section 100; - Steve Weiner, Tri-Counties Building and Construction Trades Council; in opposition to the Charter proposal without prevailing wage requirements: - Brent Jenkins, Carpenters Union; Walt Mankins, Operating Engineers Union; in opposition to the Charter proposal without prevailing wage requirements: - Jan Scott, on behalf on her late husband Kirk Scott; in opposition to the Charter proposal without prevailing wage requirements: - David Kirsch, Carpenters Union; in opposition to the Charter proposal without prevailing wage requirements: - David Baldwin, Plasters & Mason Union. in opposition to the Charter proposal without prevailing wage requirements: - Joseph Farino, Arroyo Grande resident, referred to the proposed appropriation of $10,000 and cautioned the Council about spending taxpayer money to spread inaccurate information; - Steve Ross, Garden Street, commented that if Federal or State money is involved, prevailing wage is paid and there are non-union organizations that do better work than union organizations; - Patricia Hardy, commented that while she comes from union a family, the City should have the ability to choose whether it pays prevailing wage on a local project or not; - John Keen, N. Elm Street, favored becoming a Charter City; however, he expressed concern regarding the labor provisions contained in the proposed Charter; and suggested changes to Sections 101, 301(i); removal of Sections 302 and 307; and favored Alternative 4 to propose the City Charter without the prevailing wage section and placing the prevailing wage clause as a separate measure on the ballot at a subsequent election after the ruling of SB7; - Barbara Harmon, commented that the Charter does not preclude the payment of prevailing wage; - Cherie Cabral, Tri-Counties Building and Construction Trades Council, spoke in support of prevailing wage requirements; - Alan Buck, Community Services Foundation, spoke on behalf of Vard Ikeda, providing an update on the Recreation Center project and their review of prevailing wage as it relates to project cost impacts; - Steve Lieberman, Grover Beach, emphasized local control and believes the City should be able to govern itself; - Donnie Williams, Bakersfield, supported including prevailing wage requirements in the Charter. Item 8.c. - Page 4 Minutes: City Council Page 5 Tuesday, January 14, 2014 Upon hearing no further comments, Mayor Ferrara closed the public hearing. Mayor Ferrara called for a break at 7:45 p.m. The Council reconvened at 8:00 p.m. Council discussion ensued concerning prevailing wage issues; amending Section 100 to provide the City with flexibility when dealing with municipal affairs; emphasizing the dissemination of correct information in public outreach and education materials; eliminating Section 301(i); and adding Section 700. Council Member Guthrie stated he could support separating out the issue of prevailing wage into a separate measure and presenting two measures on the same ballot. Council Member Barneich stated she preferred Alternative 4 to propose the draft City Charter without the prevailing wage section and placing the prevailing wage clause as a separate measure on the ballot or placing the measure on the ballot at a subsequent election. Action: Council Member Costello moved to direct staff to proceed with the process of placing a Charter measure on the ballot at the election to be held on November 4, 2014 by scheduling an additional public hearing; appropriate $10,000 for public education efforts; and amend the proposed Charter to eliminate language in Section 100, beginning with “provided however, that the City Council may not establish by Ordinance any powers, rights, and responsibilities that are not either expressly described in this Charter or allowed by State law applicable to general law cities”; in Section 301(i) beginning with “including, but not limited to, the compensation rates to be paid for the performance of such work”; and adding Section 700 stating “Any proposal for the amendment, revision, or repeal of this Charter or any portion thereof may be proposed by majority vote of the City Council or by initiative by the People of the City of Arroyo Grande. No such proposal shall be effective until approved by a majority vote of the voters voting at an election on the question and until filed with the Secretary of State of the State of California. In the event of any conflict between this section and Article XI, § 3 of the California Constitution, as may be amended, the latter shall govern”; and that Section 302 shall remain intact. Council Member Brown seconded. City Attorney Carmel clarified that for purposes of internal consistency, the two references to Section 301 in Section 307 should be eliminated so it only refers to Section 302. Council Member Costello agreed to include that in the motion, and Council Member Brown seconded. Council Member Guthrie commented that he would support the motion in order to move forward, but would have preferred a separate ballot measure for the prevailing wage issue. The motion passed on the following roll-call vote: AYES: Costello, Brown, Guthrie, Ferrara NOES: Barneich ABSENT: None 9.b. Consideration of a Proposed Ordinance Prohibiting Dogs at Soto Sports Complex. Recreation Services Director Rogers presented the staff report and recommended that the Council approve the Parks and Recreation Commission recommendation to introduce an Ordinance prohibiting dogs at the Soto Sports Complex. Staff recommended an additional provision in the Ordinance that permits dogs on the Parkside Pathway. Item 8.c. - Page 5 Minutes: City Council Page 6 Tuesday, January 14, 2014 Mayor Ferrara opened the public hearing. Speaking from the public were Christina Bradbury, in support of the proposed Ordinance, and she read a letter into the record from Tom Costa who could not attend the meeting, who also supported the proposed Ordinance; and Joseph Farino, who asked if there was an exception for service dogs. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Action: Council Member Barneich moved to introduce an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROHIBITING DOGS FROM THE SOTO SPORTS COMPLEX”. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Costello, Ferrara NOES: Brown ABSENT: None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Hoosegow Park - Landscape and Accessibility Renovation Project 13-005; Le Point Street Conceptual Plan. Public Works Director English presented the staff report and recommended that the Council: 1) Approve the conceptual plans for the Hoosegow Park Renovation project; and 2) Appropriate $5,000 from the Water Neutralization fund to the project account for water conserving irrigation supplies. Mary Hertel, landscape designer and Arroyo Grande in Bloom representative, provided an overview of the conceptual plan. Mayor Ferrara invited public comment. Speaking from the public was Linda Osty, President of 5 Cities-Pismo Beach Rotary, in support of the conceptual plan. Upon hearing no further comments, Mayor Ferrara closed public comment. Action: Council Member Brown moved to approve the conceptual plans for the Hoosegow Park Renovation project and to appropriate $5,000 from the Water Neutralization Fund to the project account for water conserving irrigation supplies. Council Member Costello seconded, and the motion passed on the following roll-call vote: AYES: Brown, Costello, Barneich, Guthrie, Ferrara NOES: None ABSENT: None 12. COUNCIL COMMUNICATIONS None. Item 8.c. - Page 6 Minutes: City Council Page 7 Tuesday, January 14, 2014 13. STAFF COMMUNICATIONS None. 14. COMMUNITY COMMENTS AND SUGGESTIONS Speaking from the public was John Keen regarding the enforcement of water conservation requirements. 15. CLOSED SESSION None. 16. ADJOURNMENT Mayor Ferrara adjourned the meeting at 9:30 p.m. ______________________________ Tony Ferrara, Mayor ATTEST: ______________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ___________) Item 8.c. - Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.c. - Page 8