Minutes 2014-06-10ET tfI97.1JiIIU11M
REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY
TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY
TUESDAY, JUNE 10, 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 6:01 p.m.
2. ROLL CALL
City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council
Member Joe Costello, Mayor Pro Tern Guthrie and Mayor Ferrara were
present.
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 Recreation Services John
Rogers, Director of Public Works Geoff English, Associate Planner Kelly
Heffernon, and Public Works Supervisor Shane Taylor.
3. FLAG SALUTE
Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute.
4. INVOCATION
Paul Jones delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Mayor Ferrara reported that on Tuesday, May 27, 2014, 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 Designated Representative: Steven Adams, City Manager
Unrepresented Employees: Part-time Employees
- 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
- 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
5.b. Ordinances Read in Title Only.
Council Member Costello moved, Council Member Barneich 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 Meeting
Tuesday, June 10, 2014
6. SPECIAL PRESENTATIONS
None.
Page 2
7. CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS
Joe Furino, N. Elm Street, commented on the local sales tax mailer and the proposed City
Charter measure.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. No comments were received.
Council Member Costello referred to Item 8.d. and declared a potential conflict of interest due to
his ownership of real property within one of the Assessment Districts, He stated he would step
down and not vote on this item.
Council Member Brown requested that Item 8.h. be pulled.
Action: Council Member Barneich moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 8.a. through 81, with the exception of Items 8.d, and 8.h., with
the recommended courses of action. The motion passed on the following roll -call vote:
AYES:
Barneich, Brown, Costello, Guthrie, Ferrara
NOES:
None
ABSENT:
None
8.a. Consideration of Cash Disbursement Ratification.
Recommended Action: Ratified the listing of cash disbursements for the period May
16, 2014 through May 31, 2014.
8.b. Consideration of Fiscal Year 2014 -15 Appropriation Limit.
Recommended Action: Adopted Resolution No. 4590 entitled: establishing the
appropriation limit from tax proceeds for Fiscal Year 2014 -15.
8.c. Consideration of Modifications to Classifications and Compensation Adjustments
for Part-time Employees.
Recommended Action: 1) Adopted Resolution No. 4591 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING
COMPENSATION ADJUSTMENTS FOR PART -TIME EMPLOYEES AND
ESTABLISHING JOB DESCRIPTIONS AND SALARY RANGES FOR THE
POSITIONS OF RECORDS, FLEET AND EQUIPMENT TECHNICIAN, AND SENIOR
FACILITY ATTENDANT "; and 2) Amend classification titles for certain part-time
positions.
8.e. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Regular City Council Meeting of
May 27, 2014, as submitted.
8.f. Consideration of Resolutions for the 2014 General Municipal Election.
Recommended Action: 1) Adopted Resolution No. 4596 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS
OF THE CITY "; 2) Adopted Resolution No. 4597 entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING THE BOARD
Minutes: City Council Meeting
Tuesday, June 10, 2014
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OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT
TO SECTION 10403 OF THE ELECTIONS CODE "; 3) Adopted Resolution No. 4598
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014' and 4) Approved an
additional appropriation of $3,000 in the FY 2014 -15 General Fund budget for the
November General Municipal Election.
8.g. Consideration of Request from Planning Commissioner Keen for Consecutive
Absences from Planning Commission Meetings.
Recommended Action: Consented to three consecutive absences by Planning
Commissioner Keen.
81 Consideration of Adoption of Ordinance Regarding Vacation Rentals and
Homestays; Location — Citywide; Development Code Amendment 14 -002;
Applicant — City of Arroyo Grande.
Recommended Action: Adopted Ordinance No. 663 entitled: "AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF
THE ARROYO GRANDE MUNICIPAL CODE REGULATING VACATION RENTALS
AND HOMESTAYS ".
8.j. Consideration to Approve the Purchase of a Replacement Pump and Pipe Column
for Well No. 1.
Recommended Action: 1) Approved the purchase of a replacement vertical turbine
pump and pipe column for Well No. 1 in the amount of $19,700; and 2) Authorized an
appropriation of $22,000 from the Water Fund.
8.k. Consideration of an Award of Contract to Souza Construction, Inc. for the Old
Ranch Road Property Improvements (Tract 3018) Project, PW 2013 -10.
Recommended Action: 1) Awarded a contract for the Old Ranch Road Property
Improvements (Tract 3018) to Souza Construction, Inc. in the amount of $109,200; 2)
Authorized the City Manager to approve change orders for 20% of the contract amount
$21,840 for unanticipated costs during the construction phase of the project; 3) Modified
the appropriated budget as recommended; and 4) Directed the City Clerk to file a Notice
of Exemption.
B.I. Consideration of an Award of Contract to V. Lopez Jr. and Sons for Construction
of the 2014 Summer Concrete Repair and Via La Barranca Drainage Improvements
Project, PIN 2014 -11.
Recommended Action: 1) Approved a contract for construction of the 2014 Summer
Concrete Repair and Via La Barranca Drainage Improvements Project to V. Lopez Jr.
and Sons in the amount of $90,288; 2) Authorized the City Manager to approve change
orders for 20% of the contact amount $18,058 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.
ITEM PULLED FROM THE CONSENT AGENDA
Council Member Costello stepped down from the dais for Item 8.d. due to a conflict of interest.
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Tuesday, June 10, 2014
8.d. Consideration of Confirmation of Assessments for Tracts 1158, 1769, 2310, and
2236.
Recommended Action: 1) Adopt a Resolution confirming landscaping assessments for
all parcels within Tract 1158; 2) Adopt a Resolution confirming landscaping and lighting
assessments for all parcels within Tract 1769; 3) Adopt a Resolution confirming the
assessments for the Parkside Assessment District for all parcels within Tract 2310
( Parkside Village Subdivision); and 4) Adopt a Resolution confirming the assessments
for the Grace Lane Assessment District for all parcels within Tract 2236 (Grace Lane
Subdivision).
Action: Council Member Brown moved to adopt the following Resolutions: Resolution No. 4592
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
CONFIRMING LANDSCAPING ASSESSMENTS FOR ALL PARCELS WITHIN TRACT 115811;
2) Resolution No. 4593 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE CONFIRMING LANDSCAPING AND LIGHTING ASSESSMENTS FOR
ALL PARCELS WITHIN TRACT 1769" 3) Resolution No. 4594 entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE
ASSESSMENTS FOR THE PARKSIDE ASSESSMENT DISTRICT FOR ALL PARCELS
WITHIN TRACT 2310 (PARKSIDE VILLAGE SUBDIVISION) "; and 4) Resolution No. 4595
entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
CONFIRMING THE ASSESSMENTS FOR THE GRACE LANE ASSESSMENT DISTRICT
FOR ALL PARCELS WITHIN TRACT 2236 (GRACE LANE SUBDIVISION) ". Council Member
Barneich seconded, and the motion passed on the following roll -call vote:
AYES: Brown, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: Costello
8.h. Consideration of Adoption of Ordinance Repealing Chapter 9.29 of the Arroyo
Grande Municipal Code Relating to Proximity Restrictions to Children's Facilities
for Registered Sex Offenders.
Recommended Action: Adopt an Ordinance repealing Chapter 9.29 of the Arroyo
Grande Municipal Code relating to proximity restrictions to children's facilities for
registered sex offenders.
Council Member Brown requested that public education regarding State law proximity
restrictions to children's facilities for registered sex offenders be posted on the City's website.
Action: Council Member Brown moved to adopt Ordinance No. 662 entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING
CHAPTER 9.29 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO PROXIMITY
RESTRICTIONS TO CHILDREN'S FACILITIES FOR REGISTERED SEX OFFENDERS ".
Council Member Barneich seconded, and the motion passed on the following roll -call vote:
AYES: Brown, Barneich, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
Minutes: City Council Meeting
Tuesday, June 10, 2014
9. PUBLIC HEARINGS
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9.a. Annual Public Hearing for the Arroyo Grande Tourism Business Improvement
District.
City Manager Adams presented the staff report and recommended the Council: 1) Hold a public
hearing to receive testimony regarding the City Council's intention to continue the Arroyo
Grande Tourism Business Improvement District (AGTBID) and levy an annual assessment for
fiscal year 2014 -15; 2) Determine whether a legally sufficient number of protests have been
made; 3) If a legally sufficient protest is not made, adopt a Resolution levying an annual
assessment for the AGTBID for the 2014 -15 fiscal year; and 4) Adopt a Resolution approving
the FY 2014 -15 budget for the AGTBID.
Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public
hearing.
Action: Council Member Brown moved to adopt a Resolution entitled A RESOLUTION OF
THE CITY COUNCIL LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE
TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2014 -15 FISCAL YEAR ".
Council Member Costello seconded, and the motion passed on the following roll call vote:
AYES: Brown, Costello, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to adopt a Resolution entitled A RESOLUTION OF
THE CITY COUNCIL ADOPTING THE FISCAL YEAR 2014 -15 BUDGET FOR THE ARROYO
GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT ". Council Member Brown
seconded, and the motion passed on the following roll call vote:
AYES: Costello, Brown, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Water Supply Strategies and Amendments to Consultant
Services Agreements for Technical Support Services for the Northern Cities
Management Area Work Program.
City Manager Adams provided introductory comments. Community Development Director
McClish and Public Works Director English presented the staff report and recommended that
the City Council: 1) Approve staff's recommended water conservation strategies; and a)
increase the turf removal incentive from 50 cents to $1,00 per sq ft; and b) Approve the increase
for the water efficient washing machine incentive from $150 to $200; 2) Approve the NCMA
Technical Group Annual Report Work Plan and Strategic Plan; and c) Authorize the Mayor to
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Tuesday, June 10, 2014
execute an Amendment No. 1 to the Agreement for Consultant Services with Fugro Consulting,
Inc. in the amount of $43,400 for the NCMA 2014 Annual Report; and d) Approve and authorize
the Mayor to execute Amendment No. 6 to the Agreement for Consultant Services with Water
Systems Consulting, Inc. in the amount of $29,760 for staff extension services for FY 2014 -15;
3) Direct staff to establish a Water Shortage Emergency Plan; 4) Direct staff to establish an in-
house Water Emergency Response Team; and 5) Pursue scheduling a joint water workshop
with the legislative bodies of Grover Beach, Pismo Beach and OCSD.
Consultant Dan Heimel, Water Systems Consulting, presented more detail on the Annual
Report. Staff responded to questions from Council.
Mayor Ferrara called for a break at 8:00 p.m. The Council reconvened at 8:07 p.m.
Mayor Ferrara invited public comment. Speaking from the public were Otis Page, Myrtle Street,
opposing the proposed public education and consultant costs; and Julie Tacker, Los Osos
resident, who commented on the City's water conservation programs and recycled water. No
further public comments were received.
Action: Mayor Pro Tern Guthrie moved to: 1) Approve staffs recommended water conservation
strategies, minus the public education component; increase the turf removal incentive from 50
cents to $1,00 per sq ft; and approve an increase for the water efficient washing machine
incentive from $150 to $200; 2) Approve the NCMA Technical Group Annual Report Work Plan
and Strategic Plan; authorize the Mayor to execute an Amendment No. 1 to the Agreement for
Consultant Services with Fugro Consulting, Inc. in the amount of $43,400 for the NCMA 2014
Annual Report; and approve and authorize the Mayor to execute Amendment No. 6 to the
Agreement for Consultant Services with Water Systems Consulting, Inc. in the amount of
$29,760 for staff extension services for FY 2014 -15; 3) Direct staff to establish a Water
Shortage Emergency Plan; 4) Direct staff to establish an in -house Water Emergency Response
Team; and 5) Pursue scheduling a joint water workshop with the legislative bodies of Grover
Beach, Pismo Beach and OCSD. Council Member Brown seconded, and the motion passed on
the following roll call vote:
AYES: Guthrie, Brown, Costello, Barneich, Ferrara
NOES: None
ABSENT: None
11.b. Consideration of Funding Request from the Land Conservancy of San Luis
Obispo County for the Pismo Preserve.
City Manager Adams presented the staff report and recommended that the City Council not
approve the funding request from the Land Conservancy of San Luis Obispo County for the
Pismo Preserve.
Mayor Ferrara invited public comment. Speaking from the public in support of the funding
request were Stacy Smith, Conservation Project Manager, SLO Land Conservancy; Kandia
Cadage, Stan Autry, and Bill Shear.
Council discussion ensued in support of the Pismo Preserve; that the open space will provide a
long term benefit to the community; that it will provide comprehensive recreational opportunities
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Tuesday, June 10, 2014
that cannot otherwise be offered within the City limits; that the City's General Plan policies
support inter - agency cooperation with regard to development of additional recreational facilities
and services; and the Council made approximate findings for the use of Park Development
Funds to support the project.
Action: Council Member Barneich moved to approve the funding request of $40,000 from the
Park Development Fund. Council Member Brown seconded, and the motion passed on the
following roll call vote:
AYES: Barneich, Brown, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
11.c. Consideration of the FY 2014 -15 Budget.
[COUNCIUSUCCESSOR AGENCY]
City Manager Adams provided introductory comments. Administrative Services Director
Malicoat presented the staff report and recommended that the Council: 1) Approve detailed
budget adjustments listed in the Budget Update Report; 2) Adopt a Resolution approving FY
2014 -15 Budget; 3) Approve the Local Sales Tax 10 -Year Plan; and 4) Approve the Long Range
Financial Plan.
Mayor Ferrara invited public comment. No public comments were received.
Action: Council Member Costello moved to: 1) Approve detailed budget adjustments listed in
the Budget Update Report; 2) Adopt a Resolution entitled "RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FISCAL YEAR 2014 -15 OF THE
FISCAL YEAR 2013 -14 & 2014 -15 BIENNIAL BUDGET AND MAKING APPROPRIATIONS
FOR THE AMOUNT BUDGETED "; 3) Approve the Local Sales Tax 10 -Year Plan; and 4)
Approve the Long Range Financial Plan. Mayor Pro Tern Guthrie seconded, and the motion
passed on the following roll call vote:
AYES:
Costello, Guthrie, Brown, Barneich, Ferrara
NOES:
None
ABSENT:
None
12. COUNCIL COMMUNICATIONS
Mayor Ferrara thanked the Arroyo Grande in Bloom volunteers and Public Works staff for their
work on the landscaping at City Hall.
13. STAFF COMMUNICATIONS
At City Manager Adam's request, Public Works Director English provided an update on recent
repairs made to the Swinging Bridge.
14. COMMUNITY COMMENTS AND SUGGESTIONS
Kevin McCarthy, Arroyo Grande, thanked everyone for all their hard work and diligence and
stated he was proud to be a member of this community.
Minutes: City Council Meeting
Tuesday, June 10, 2014
Page 8
15. ADJOURN TO CLOSED SESSION:
Mayor Ferrara invited public comment on the closed session items. No public comments were
received. At 10:40 p.m., Mayor Ferrara adjourned the open session and the Council proceeded
to closed session.
16. CLOSED SESSION:
a. Conference With Legal Counsel — Anticipated Litigation
Initiation of litigation pursuant to Government Code §54956.9(d)(4) involving 2
potential cases
17. RECONVENE TO OPEN SESSION
Announcements, if any, will be made at the next scheduled meeting on June 24, 2014.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:54 p.m.
Tony Ferra M yor
ATTEST:
Kelly WetmoplS, City Clerk
(Approved at CC Mtg :2 Zo[