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Minutes 2014-11-25 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 25, 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 6:03 p.m. 2. ROLL CALL City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council Member Joe Costello, Mayor Pro Tern Jim Guthrie, and Mayor Ferrara were present. City Staff Present: Acting City Manager Debbie Malicoat, City Attorney Tim Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Public Works Director Geoff English, Associate Planner Kelly Heffernon, City Engineer Matt Horn and Director of Community Development Teresa McClish. 3. FLAG SALUTE Representatives from Girl Scout Troop 40246 led the Flag Salute. 4. INVOCATION The Reverend Merritt Greenwood, Saint Barnabas Episcopal Church, delivered the invocation. 5. AGENDA REVIEW 5.a. None. 5.b. Ordinances Read in Title Only. Council Member Barneich 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 None. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Speaking from the public were Rose Adams, Arroyo Grande, who spoke in support of her husband Steve Adams and his successes and pride during his tenure as Arroyo Grande's City Manager; Rudy Xavier, Arroyo Grande, thanked Steve Adams for his dedication and wished Tony Ferrara, Joe Costello, and Jim Hill the best of luck; Aaron Henkel, Arroyo Grande, stated he had asked two months ago for information regarding travel expenses to be placed on the City's website; LeAnn Akins, Arroyo Grande, referred to sole source contracts and expressed concern about the consent agenda item relating to The Wallace Group; Shirley Gibson, Halcyon, expressed appreciation to Mayor Ferrara, Council Member Costello, and City Manager Adams for their support and guidance in the preservation of iconic buildings and bridges in the City; and Michael Howard, Arroyo Grande, spoke in opposition to homestays in residential neighborhoods. Minutes: City Council Regular Meeting Page 2 Tuesday, November 25, 2014 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public were Jim Hill, regarding Items 8.a., 8.j., and 8.i.; Marcia Muretti, Ralph and Duane's, regarding Item 8.i.,; Judith Bean, regarding Item 8.i.; Patty Welsh, regarding Item Item 8.i., Ron Holt, regarding Item 8.j.; Julie Tacker, regarding Item 8.j.; and Mike Kroves, regarding Items 8.a. and 8.j. Council Member Brown requested Items 8.i. and 8.j. be pulled. Council Member Barneich requested Item 8.m. be pulled, and Mayor Pro Tem Guthrie requested Item 8.a. be pulled. Action: Council Member Barneich moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 8.b. through 8.n., with the exceptions of Items 8.a., 8.i., 8.j., and 8.m., 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.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of October 31, 2014, as required by Government Code Section 53646(b). 8.c. Consideration of a Resolution Adopting Procedures for Implementation of the Patient Protection and Affordable Care Act ("ACA"). Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY OF ARROYO GRANDE ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT("ACA")". 8.d. Consideration of Amendment No. 2 to Consultant Services Agreement with Liebert Cassidy Whitmore. Action: Approved and authorized the Acting City Manager to execute Amendment No. 2 to the Consultant Services Agreement with Liebert Cassidy Whitmore for labor negotiations services. 8.e. Consideration of a Resolution Adopting an Amendment to the Full Flex Cafeteria Plan Section 125. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AN AMENDMENT TO THE FULL FLEX CAFETERIA PLAN SECTION 125 TO UPDATE THE CAFETERIA PLAN RATES FOR 2015". 8.f. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of September 23, 2014, as submitted. 8.g. Consideration of Cancellation of December 23, 2014 City Council Meeting. Action: Cancelled the regularly scheduled meeting on December 23, 2014. 8.h. Consideration of Resolution to Close Escrow on Sale of Parcels 007-011-053 and 007-011-054 on Old Ranch Road. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE SALE OF PARCELS 007-011- 053 and 007-011-054 ON OLD RANCH ROAD". Minutes: City Council Regular Meeting Page 3 Tuesday, November 25, 2014 8.k. Consideration of Temporary Use Permit Case No. 14-017; Revised Street Closure Times for the Annual Arroyo Grande Village Christmas Parade, November 30, 2014. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REVISING STREET CLOSURE TIMES UNDER TEMPORARY USE PERMIT NO. 14-017 FOR THE ANNUAL ARROYO GRANDE VILLAGE CHRISTMAS PARADE, NOVEMBER 30, 2014". 8.1. Consideration of Resolution to Declare Surplus Property. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS TO BE SURPLUS AND AUTHORIZING THE ITEMS FOR SALE, DONATION OR DISPOSAL". 8.n. Consideration of Appointment of Acting City Manager. Action: Appointed Deborah Malicoat as Acting City Manager until an Interim City Manager can be hired. ITEMS PULLED FROM THE CONSENT AGENDA 8.a. Consideration of Cash Disbursement Ratification (MALICOAT) Recommended Action: Ratify the listing of cash disbursements for the period October 16, 2014 through November 15, 2014. In response to a request by Mayor Pro Tern Guthrie, City Attorney Carmel explained how legal fees are broken down by category for litigation, human resources, and general administration and noted that the last two months included expenses for review of extensive public records requests and the investigation. Action: Mayor Pro Tern Guthrie moved to ratify the listing of cash disbursements for the period October 16, 2014 through November 15, 2014. Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Costello, Barneich, Brown, Ferrara NOES: None ABSENT: None 8.i. Consideration of Adoption of an Ordinance Adding Section 9.16.072 to Chapter 9.16 of the Arroyo Grande Municipal Code Relating to Music or Noise after 10:00 P.M. in Commercial Districts. Recommended Action: Adopt an Ordinance adding Section 9.16.072 to Chapter 9.16 of the Arroyo Grande Municipal Code adding new regulations relating to music or noise after 10:00 p.m. in Commercial Districts. In response to a request by Council Member Barneich, Chief Annibali responded to questions regarding the proposed Ordinance as it relates to noise levels and enforcement. Council comments ensued regarding postponing the proposed Ordinance to allow the businesses time to implement mitigation measures on their own in an effort to reduce noise, monitoring any complaints, and returning at a later date if necessary to reconsider the issue. Minutes: City Council Regular Meeting Page 4 Tuesday, November 25, 2014 Action: Mayor Pro Tern Guthrie moved to deny the adoption of the Ordinance. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Barneich, Costello, Brown, Ferrara NOES: None ABSENT: None 8.j. Consideration of Amendments to Agreements with The Wallace Group and Water Systems Consulting. Recommended Action: 1) Approve a second amendment to the agreement with The Wallace Group for on-call engineering services; and 2) Approve a second amendment to the Agreement with Water Systems Consulting for on-call engineering services. In response to concerns expressed by Council Member Brown regarding the proposed six month time extensions, City Engineer Horn explained that the extensions would allow the consultants to continue work on major projects currently underway, including the Bridge Street Bridge project, Traffic Way Bridge project, and Don Roberts field lighting project, while staff develops a Request for Qualifications for obtaining consultants for non-specific projects. Following further questions and discussion, City Engineer Horn indicated that this process could be completed within three months. Action: Council Member Brown moved to: 1) Approve a second amendment to the agreement with The Wallace Group for on-call engineering services for no greater length than 3 months, to be revisited at that time; and 2) Approve a second amendment to the Agreement with Water Systems Consulting for on-call engineering services for no greater length than 3 months, to be revisited at that time. Mayor Pro Tern Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Barneich, Ferrara NOES: None ABSENT: None 8.m. Consideration of Plot Plan Review 12-009; Heritage Square Park Restroom - Short Street; City of Arroyo Grande. Recommended Action: Adopt a Resolution a Resolution of the City Council of the City of Arroyo Grande approving Plot Plan Review Case No. 12-009; A New Public Restroom Facility; Heritage Square Park. In response to questions by Council Member Barneich regarding the color board for the project, Public Works Director English and Mark Vasquez, architect, reviewed the design recommendations by the Historical Resources Committee and noted that the color scheme would be similar to the colors on the Rotary Bandstand. Action: Council Member Barneich moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING PLOT PLAN REVIEW CASE NO. 12-009; A NEW PUBLIC RESTROOM FACILITY; HERITAGE SQUARE PARK". Council Member Costello seconded, and the motion passed on the following roll call vote: Minutes: City Council Regular Meeting Page 5 Tuesday, November 25, 2014 AYES: Barneich, Costello, Brown, Guthrie, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of a Public Art Chumash Arborglyph Sculpture at 126 S. Mason Street; Applicant- Yak Titu Titu Yak Tilhini Northern Chumash Tribe; Staff Project No. 14-006. Community Development Director McClish requested a continuance of this pre-application item to provide notice to the Native Heritage Commission to provide an opportunity for additional input from the Native American community. Mayor Ferrara invited public comment. No public comments were received. Action: Mayor Ferrara moved to continue the item to a date uncertain in order to provide an opportunity for additional input from the Native American community. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Ferrara, Barneich, Costello, Brown, Guthrie NOES: None ABSENT: None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Pre-Application No. 14-005; Specific Plan Designation, General Plan Amendment, Development Code Amendment and Lot Line Adjustment; Location East Cherry Avenue; Applicant: Japanese Welfare Association. Associate Planner Heffernon presented the staff report and recommended the City Council review the conceptual plans and provide comments to the applicant. Staff responded to questions from Council. Mayor Ferrara invited public comment. Speaking from the public were Margaret Ikeda, in support of the pre-application; Vard Ikeda, in support of the pre-application; Gary Kobara, in support of the conceptual plan, but expressed concern about the agricultural mitigation requirements; Shirley Gibson, in support of the conceptual multi-use plan, the Pacific Coast Railway path, but expressed concern about the agricultural land and the impact of future housing development; Dawn Kamiya, in support of the conceptual plan; Chris Hagerty, Scout Master of Boy Scout Troop 413, in support of the conceptual plan. No further public comments were received. Council comments ensued regarding the history of the zone change and General Plan Amendment on the property; that the agricultural elements in the conceptual plan provides sufficient agricultural mitigation; whether senior housing would be incorporated into the guest Minutes: City Council Regular Meeting Page 6 Tuesday, November 25, 2014 house; that parking has to be worked out based on configuration of the project; concerns regarding the proposed archive building; that the trees, including the palm tree, on the property need to be preserved; clarification that prior rezoning of the property to Agriculture was not based on farming activities, but based on the alluvial soil and natural resource to be preserved; some concern that if the property is rezoned to Mixed Use, that the property could be radically changed in the future; that 1:1 agricultural mitigation is necessary; acknowledgment that the proposed cultural building is a shrine to agricultural heritage; and that the proposed buildings are appropriate and a good fit for the property. No formal action was taken on this item. Mayor Ferrara called for a break at 8:29 p.m. The Council reconvened,at 8:35 p.m. 11.b. Consideration of Ordinance Amending Chapter 3.46 of the Arroyo Grande Municipal Code Relating to Exemptions and Vacation Rentals and Homestays. City Attorney Carmel presented the staff report and recommended that the Council introduce an Ordinance amending Chapter 3.46 of the Arroyo Grande Municipal Code to provide that the same exemptions that apply to the Transient Occupancy Tax apply to Arroyo Grande Tourism Business Improvement District assessments and amend the definition of "lodging" to include vacation rentals and homestays. Mayor Ferrara invited public comment. No public comments were received. Action: Council Member Brown moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 3.46 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE TOURISM BUSINESS IMPROVEMENT DISTRICT LAW". 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. 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 Minutes: City Council Regular Meeting Page 7 Tuesday, November 25, 2014 (b) Mayor Pro Tern 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: (1) Air Pollution Control District (APCD) (2) Five Cities Fire Authority (FCFA) (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 Council Member Barneich noted there had been some audio problems while watching meetings on Channel 20. City Clerk Wetmore provided an update that staff had been working on this issue and has had discussions with both Charter Communications and AGP Video to resolve the audio problems. 14. STAFF COMMUNICATIONS Acting City Manager Malicoat announced that Director of Public Works Geoff English would be the Acting City Manager in her absence during the holiday weekend. 15. COMMUNITY COMMENTS AND SUGGESTIONS Jim Hill, Arroyo Grande, expressed concerns regarding the amount of legal fees relating to the investigation, commended the Council's decision to not adopt the noise ordinance, acknowledged and thanked the Council for appointing Director Malicoat as Acting City Manager and thanked her for assuming those duties, commented on the E. Cherry project, and thanked Steve Adams, Mayor Ferrara, and Council Member Costello for their service to the City. 16. CLOSED SESSION None. 18. ADJOURNMENT Mayor Ferrara thanked the Council and staff stating it was his pleasure working with them and submitted a resignation letter effective Friday, November 28th at 5:00 p.m. Mayor Ferrara adjourned the meeting at 8:50 p.m. Minutes: City Council Regular Meeting Page 8 Tuesday, November 25, 2014 Ji Hill, Mayor ATTEST: d// / latueett_ Kelly -tm/ e, City Clerk (Approved at CC Mfg 1-13-20(5)