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CC 2014-06-10_08.e. Approval of CC Minutes 05-27-14ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 27, 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 6:02 p.m. 2. ROLL CALL City Council: Council Member Kristen Barneich, Council Member Tim Brown, Mayor Pro Tem Jim Guthrie, and Mayor Ferrara were present. Council Member Joe Costello was absent. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Public Works Director Geoff English, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, and Associate Planner Matthew Downing. 3. FLAG SALUTE Lenny Jones, representing Arroyo Grande Rotary Club, led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Arroyo Grande Seventh Day Adventist Church, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. City Attorney Carmel reported that on Tuesday, May 13, 2014, after meeting in Closed Session regarding the following item, the Council reconvened into open session and announced that the City Council had approved a Settlement Agreement between the Arroyo Grande Police Officers’ Association and the City of Arroyo Grande in settlement of the unfair practice charge filed with the Public Employment Relations Board. - Conference With Legal Counsel - Existing Litigation pursuant to Government Code Section 54956.9(d): Name of Case: Arroyo Grande Police Officer Association v. City of Arroyo Grande Public Employment Relations Board Case No. LA-CE-822-M 5.b. Ordinances Read in Title Only. Council Member Brown moved, Mayor Pro Tem 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. 5.c. Mayor Ferrara explained that he and his alternate, Council Member Costello, could not attend the June 4th San Luis Obispo Council of Governments (SLOCOG) meeting and asked City Attorney Carmel if an item could be added to the Agenda to appoint a temporary alternate. City Attorney Carmel responded that under the Brown Act, if there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted, the item could be added to the agenda. He noted that due to Council Member Costello’s absence tonight, a unanimous vote to add the item would be required. Item 8.e. - Page 1 Minutes: City Council Page 2 Tuesday, May 27, 2014 Action: Mayor Ferrara moved to add an item to the agenda to discuss and appoint a temporary alternate for the SLOCOG meeting on June 4th. Council Member Brown seconded, and the motion passed unanimously by voice vote. Mayor Ferrara indicated the matter would be heard as a part of Agenda Item 13, Council Communications. 6. SPECIAL PRESENTATIONS 6.a. Presentation by San Luis Obispo Council of Governments (SLOCOG) – US 101 Corridor Study. Jessica Berry, representing SLOCOG, provided a presentation on the US 101 Corridor Mobility Master Plan. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS No public comments were received. Council Member Costello arrived to the meeting at 6:18 p.m. and took his place at the dais. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. No public comments were received. Council Member Barneich requested Items 8.e. and 8.f. be pulled. Mayor Ferrara referred to Item 8.i. and noted for the record that a supplemental memorandum was distributed to Council prior to the meeting which included a modified letter to the County Board of Supervisors. Council Member Brown requested that Item 8.h. be pulled. Action: Council Member Brown moved, and Council Member Barneich seconded the motion to approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.e., 8.f., and 8.h., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Barneich, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period May 1, 2014 through May 15, 2014. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of April 30, 2014, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of May 13, 2014, as submitted. 8.d. Consideration of Council Appointment to the Architectural Review Committee. Action: Approved the recommendation of Council Member Brown to appoint Bruce Berlin to the Architectural Review Committee. Item 8.e. - Page 2 Minutes: City Council Page 3 Tuesday, May 27, 2014 8.g. Consideration of Temporary Use Permit Case No. 14-006 to Authorize the Use of City Property and the Closure of City Streets for the 25th Annual Arroyo Valley Car Club Sunset Cruise on July 25, 2014 and Car Show on July 26, 2014. Action: Adopted Resolution No. 4587 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 14-006; AUTHORIZING THE USE OF CITY PROPERTY AND THE CLOSURE OF CITY STREETS FOR THE 25TH ANNUAL ARROYO VALLEY CAR CLUB SUNSET CRUISE ON JULY 25, 2014 AND CAR SHO ON JULY 26, 2014 8.i. Consideration of Letter to Support the Declaration of Lopez Surplus Water. Action: Approved and authorized the Mayor to sign a letter regarding the declaration of Lopez surplus water to the Board of Supervisors with a copy to the Zone 3 Advisory Board. 8.j. Consideration of Amendment No. 1 to Consultant Services Agreement with Liebert Cassidy Whitmore. Action: Approved and authorized the City Manager to execute Amendment No. 1 to the Consultant Services Agreement with Liebert Cassidy Whitmore for labor negotiation services. 8.k. Consideration of Amendment No. 1 to Consultant Services Agreement with Quincy Engineering, Inc. Action: 1) Authorized the Mayor to execute Amendment No. 1 to the agreement with Quincy Engineering, Inc. for Phase I – Preliminary Engineering and Environmental Clearance work on the Bridge Street Bridge project; and 2) Appropriated an additional $50,000 of Local Highway Bridge Program (HBP) grant funds in the FY 2013-14 capital improvement program budget for the Bridge Street Bridge project. ITEMS PULLED FROM THE CONSENT AGENDA 8.e. Consideration of Letter of Support for Land Conservancy of San Luis Obispo County Pismo Preserve Project. Recommended Action: Approve and authorize the Mayor to sign a letter of support for the acquisition of the Pismo Preserve by the Land Conservancy of San Luis Obispo County. Council Member Barneich referred to the Land Conservancy’s letter requesting funding for the project and stated she would like the matter to be considered on a future agenda and would bring it up for consideration during Council Communications (Item 13). Action: Council Member Barneich moved to approve and authorize the Mayor to sign a letter of support for the acquisition of the Pismo Preserve by the Land Conservancy of San Luis Obispo County. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None Item 8.e. - Page 3 Minutes: City Council Page 4 Tuesday, May 27, 2014 8.f. Consideration of Capital Improvement Project 14-001: Approval of a Mitigated Negative Declaration for the Leanna Drive Creek Crossing Waterline Project; Location – Leanna Drive and Arroyo Grande Creek. Recommended Action: Adopted a Resolution adopting the Mitigated Negative Declaration, instructing the City Clerk to file a Notice of Determination (NOD) and approving design improvements for the Leanna Drive Creek Crossing Waterline project. In response to questions from Council Member Barneich, staff explained that the hours of construction could be specified in the mitigation measures and the contract documents, and that there would be an Inspector on-site at all times during construction work. Action: Council Member Barneich moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING DESIGN IMPROVEMENTS FOR THE LEANNA DRIVE CREEK CROSSING WATERLINE PROJECT; CAPITAL IMPROVEMENT PROJECT NO. 14- 001; LOCATED AT LEANNA DRIVE AND ARROYO GRANDE CREEK”; and further, that major construction work would begin no earlier than 8:00 a.m. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Brown, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.h Consideration of an Award of Contract to GLR Construction, Inc. for the Police Station Upgrade Project. Recommended Action: 1) Award a contract for construction remodel of the Police Station building to GLR Construction, Inc. in the amount of $1,676,342; 2) Authorize the City Manager to approve change orders up to 10% of the contract amount, $163,044, for unanticipated costs during the construction phase of the project; and 3) Appropriate an additional $69,000 from the General Fund unappropriated fund balance. In response to questions by Council Member Brown, staff provided an overview of the bid results and explained why the two apparent low bidders withdrew their bids. Action: Council Member Brown moved to: 1) Award a contract for construction remodel of the Police Station building to GLR Construction, Inc. in the amount of $1,676,342; 2) Authorize the City Manager to approve change orders up to 10% of the contract amount, $163,044, for unanticipated costs during the construction phase of the project; and 3) Appropriate an additional $69,000 from the General Fund unappropriated fund balance. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Brown, Barneich, Costello, Guthrie, Ferrara NOES: None ABSENT: None Item 8.e. - Page 4 Minutes: City Council Page 5 Tuesday, May 27, 2014 9. PUBLIC HEARINGS 9.a. Consideration of Development Code Amendment Case No. 14-002 regarding Vacation Rentals and Homestays; Location: Citywide; Applicant – City of Arroyo Grande. Associate Planner Downing presented the staff report and recommended the Council introduce an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code regulating vacation rentals and homestays. Staff responded to questions from Council. Mayor Ferrara opened the public hearing. The following members of the public spoke: - Jennifer Swift, James Way, in opposition of the proposed ordinance; - Robin Rinzler, in support of the proposed ordinance; - Shirley Volpatti, Hillcrest Drive, in support of the proposed ordinance; - Diane Puhek, in support of the proposed ordinance; - Audrey Howard, Robin Circle, in opposition of the proposed ordinance; - Peggy Thayer, SLO resident, in support of the proposed ordinance; - Doug Gaver, Allen Street, in support of the proposed ordinance; - Aaron Thompson, Crown Hill, in support of the proposed ordinance; - Jenny Shaheen, Heritage Lane, in opposition of the proposed ordinance; - Pete Evans, SLO resident, in support of the proposed ordinance; - Kathy Johnson, Robin Circle, in opposition of the proposed ordinance; - Paul Rinzler, Gaynfair, in support of the proposed ordinance; - Marian Colver, SLO resident, in support of the proposed ordinance; - John Diaz, Arroyo Grande, in opposition of the proposed ordinance; - Claire Volner, Arroyo Grande, in support of the proposed ordinance; - Joe Klamon, in support of the proposed ordinance; - Andrew Woodard, in support of the proposed ordinance; - Betty De Paul, Robin Circle in opposition of the proposed ordinance; - Eve Newhouse, SLO resident, in support of the proposed ordinance; - Michael Howard, Robin Circle, in opposition to homestays; - Gay Groomes, Arroyo Grande, in support of the proposed ordinance; - Walt Bethel, Cardinal Court, in support of the proposed ordinance; - Catherine Doyle, SLO resident, in support of the proposed ordinance. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Mayor Ferrara called for a break at 7:55 p.m. The Council reconvened at 8:10 p.m. Council questions and discussion ensued regarding application fees, concentration limits, traffic, parking, and whether or not the ordinance should include a look back provision after one year. Action: Council Member Brown moved to introduce an Ordinance, entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING VACATION RENTALS AND HOMESTAYS”; as modified to include a condition that there would be a 300 linear foot distance restriction for location of vacation rentals and homestays, and with the provision that there Item 8.e. - Page 5 Minutes: City Council Page 6 Tuesday, May 27, 2014 would be a minimum of a one year look back unless conditions warrant an earlier review due to complaints received. Further, to request that educational discussions be provided to vacation rental and homestay hosts regarding neighborhood sensitivity to parking issues. Council Member Costello seconded. Brief discussion ensued clarifying that the 300 linear foot distance restriction is applied in either direction on the same street; and that staff would provide a monthly report to Council on any complaints/code enforcement action taken with regard to violations of the vacation rental and homestay ordinance. In response to Council discussion, City Attorney Carmel clarified the modifications to the Ordinance and read them for the record, as follows: - Adding Condition No. 12 for vacation rentals to read: “Establishment of a Vacation Rental within 300 feet of an existing Vacation Rental on the same street shall not be permitted.” - Changing the existing No. 12 to No. 13. - Adding Condition No. 10 for homestays to read: “Establishment of a Homestay within 300 feet of an existing Homestay on the same street shall not be permitted.” - Changing the existing No. 10 to No. 11. Council Members Brown and Costello confirmed the changes to the ordinance as part of the motion, and the motion passed on the following roll-call vote: AYES: Brown, Costello, Barneich, Guthrie, Ferrara NOES: None ABSENT: None Council Member Costello left the meeting at 9:00 p.m. 9.b. Consideration of Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase. Recommended Action: Adopt a Resolution establishing integrated solid waste collection service rates. Administrative Services Director Malicoat introduced Bill Statler, who presented the results of the rate study and recommended solid waste collection rate increase. Mr. Statler and Tom Martin, representing South County Sanitary Service, responded to questions from Council. Mayor Ferrara opened the public hearing. Upon hearing no comments, Mayor Ferrara closed the public hearing. Action: Mayor Pro Tem Guthrie moved to approve “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING INTEGRATED SOLID WASTE COLLECTION SERVICE RATES”. Council Member Barneich seconded, and the motion passed on the following roll-call vote: Item 8.e. - Page 6 Minutes: City Council Page 7 Tuesday, May 27, 2014 AYES: Guthrie, Barneich, Brown, Ferrara NOES: None ABSENT: Costello 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Repeal of Chapter 9.29 of the Arroyo Grande Municipal Code Relating to Proximity Restrictions to Children's Facilities for Registered Sex Offenders. City Attorney Carmel presented the staff report and recommended the Council introduce an Ordinance repealing Chapter 9.29 of the Arroyo Grande Municipal Code relating to proximity restrictions to children’s facilities for registered sex offenders. Action: Council Member Barneich moved to introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING CHAPTER 9.29 OF THE ARROYO GRANDE MUNICPAL CODE RELATING TO PROXIMITY RESTRICTIONS TO CHILDREN’S FACILITIES FOR REGISTERED SEX OFFENDERS”. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Brown, Ferrara NOES: None ABSENT: Costello 12. CITY COUNCIL REPORTS: The Mayor and Council Members provided brief reports from the following committee, commission, board, or other subcommittee meetings that they have attended as the City’s appointed representative. (a) Mayor Ferrara: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Other (b) Mayor Pro Tem Guthrie: (1) South County Area Transit (SCAT) (2) Economic Vitality Corporation (EVC) (3) California Joint Powers Insurance Authority (CJPIA) (4) South San Luis Obispo County Sanitation District (Alternate) (c) Council Member Costello: (ABSENT) (1) Air Pollution Control District (APCD) (2) Five Cities Fire Authority (FCFA) Item 8.e. - Page 7 Minutes: City Council Page 8 Tuesday, May 27, 2014 (d) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC) (e) Council Member Barneich: (1) Zone 3 Water Advisory Board (2) Homeless Services Coordinating Council (HSOC) (3) Tourism Committee 13. COUNCIL COMMUNICATIONS a. Council Member Barneich requested the Council direct staff to place the Land Conservancy’s funding request letter on the June 10th City Council Agenda for discussion and consideration. Action: Council Member Barneich moved to direct staff to place the Land Conservancy’s funding request on the June 10th City Council Agenda. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Brown, Ferrara NOES: None ABSENT: Costello b. Council Member Brown announced that former Council Member Chuck Fellows won 1st place in his division during the Strawberry Stampede. c. Mayor Ferrara announced that the Chamber of Commerce will be promoting the Visit California video and Council will be participating in the video on June 10th at 5:00 p.m. d. Mayor Ferrara stated he and Council Member Costello, who are the primary and alternate representatives to SLOCOG, will be out of town for the Jun 4th meeting and he would like the Council to appoint a temporary alternate to attend the meeting. Action: Mayor Ferrara moved to appoint Council Member Brown as temporary alternate for the June 4th SLOCOG meeting. Mayor Pro Tem Guthrie seconded, and the motion passed unanimously by voice vote, with Council Member Costello absent. 14. STAFF COMMUNICATIONS City Manager Adams stated that staff would also be participating in the Visit California promotion video. 15. COMMUNITY COMMENTS AND SUGGESTIONS None. 16. ADJOURN TO CLOSED SESSION: Mayor Ferrara invited public comment on the closed session items. No public comments were received. At 10:05 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to closed session. Item 8.e. - Page 8 Minutes: City Council Page 9 Tuesday, May 27, 2014 17. CLOSED SESSION: a. Conference With Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Steven Adams, City Manager Unrepresented Employees: Part-time Employees b. Conference With Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Steven Adams, City Manager Represented Employees: Arroyo Grande Police Officers' Association c. Conference With Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Steven Adams, City Manager Represented Employees: Service Employees International Union, Local 620 18. RECONVENE TO OPEN SESSION 19. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:27 p.m. _______________________________ Tony Ferrara, Mayor ATTEST: _______________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ____________) Item 8.e. - Page 9 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.e. - Page 10