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Minutes 2015-02-10 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 10, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill 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, Council Member Barbara Harmon, Mayor Pro Tem Kristen Barneich and Mayor Jim Hill were present. City Staff Present: Interim City Manager Bob McFall, Assistant City Attorney David Hirsch, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Service Debbie Malicoat, Director of Community Development Teresa McClish, Public Works Director Geoff English, City Engineer Matt Horn, and Associate Planner Matt Downing. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of the Bi-Ha-Pa-Ra, Mo-Ha-Pat-He, Ra-Ha-Pa-Sta, and Fri-He-Sta-Bi Camp Fire Clubs led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Mayor Pro Tern 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. 6. SPECIAL PRESENTATIONS 6.a. Introduction and Oath of Office— Police Officer Jeramy Adams. Police Chief Annibali introduced new Police Officer Jeramy Adams and highlighted his educational and professional background. City Clerk Wetmore then administered the Oath of Office to Officer Adams. 6.b. Recognition of Outgoing City Commission, Committee, and Board Members. Mayor Hill recognized the following outgoing Commissioners, Committee and Board Members and presented them with City plaques acknowledging their service to the community: Planning Commissioners Lisa Sperow (2010-2015) and Randy Russom (2013-2015) and Parks and Recreation Commissioner Marcy Betita (2011- 2015). He also recognized the following Minutes: City Council Regular Meeting Page 2 Tuesday, February 10, 2015 members who were not present: Parks and Recreation Commissioner Roxanne Shankland (2011- 2015), Traffic Commissioners Gary Borda (1989-2015) and Matthew Brownlee (2005- 2015), and Downtown Parking Advisory Board Member Greg Moore (2004-2015). 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were John Ziomek, requesting immediate cease and desist for traffic infractions for violations of the 25 mph speed limit on Farroll Road between Oak Park and Elm Street; Robert Johnson, Arroyo Grande, expressing concerns with the proposed development on East Cherry; and Randy Ouimette, Arroyo Grande, acknowledging the upcoming Valentine's Day holiday, the work of the Council, and offering an invocation. 8. CONSENT AGENDA Mayor Hill invited public comment on the Consent Agenda. No comments were received. In response to a question by Mayor Pro Tern Barneich regarding Item 8.b., staff provided an explanation of the street resurfacing project improvements as it relates to striping. Action: Council Member Guthrie moved, and Mayor Pro Tern Barneich seconded the motion to approve Consent Agenda Items 8.a. and 8.b., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None 8.a. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of January 22, 2015 and the Regular City Council Meeting of January 27, 2015, as submitted. 8.b. Consideration of Acceptance of the 2014 Street Resurfacing Project, PW 2014-04. Action: 1) Accepted the project improvements as constructed by American Asphalt South, Inc. in accordance with the plans and specifications for the 2014 Street Resurfacing Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Council Appointment to the Parks and Recreation Commission. City Clerk Wetmore presented the staff report and recommended that the Council approve the recommendation of Council Member Brown to appoint Gregory King to the Parks and Recreation Commission. Mayor Hill invited public comment. No public comments were received. Minutes: City Council Regular Meeting Page 3 Tuesday, February 10, 2015 Action: Council Member Brown moved to appoint Gregory King to the Parks and Recreation Commission. Mayor Hill seconded, and the motion passed on the following roll call vote: AYES: Brown, Hill, Guthrie, Harmon, Barneich NOES: None ABSENT: None 11.b. Presentation on Southern California Gas Company Pipeline Safety Enhancement Project and Consideration of a Waiver of the Five Year Pavement Trench Cut Prohibition. Public Works Director English presented the staff report and recommended that the Council receive and comment on a presentation from Southern California Gas Company staff about the proposed Pipeline Safety Enhancement project; and approve a waiver of the Five Year Trench Cut Prohibition on new pavement for sections of West Branch Street and El Camino Real. Tim Mahoney, Public Affairs Manager, Mark Holden, Project Manager, and Olga Quinones, Community Education and Outreach Manager, representing Southern California Gas Company (SoCalGas), provided a presentation on the Pipeline Safety Project in which SoCalGas will be pressure testing or replacing pipelines at various locations in Arroyo Grande. They explained that customers would be notified via a public outreach campaign when pressure testing or replacement activity is coming to their neighborhood and other efforts to minimize impacts on the community. The Pipeline Safety Project is scheduled to begin in early 2015 and is expected to take 10 to 12 weeks. Staff and SoCalGas representatives then responded to questions from Council. Mayor Hill invited public comment. No public comments were received. Action: Council Member Barneich moved to approve a waiver of the Five Year Trench Cut Prohibition on new pavement for sections of West Branch Street and El Camino Real. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Harmon, Guthrie, Hill NOES: None ABSENT: None 11.c. Consideration of a Memorandum of Understanding with NKT Commercial Regarding Development of the Vacant Lot at the Southwest Corner of East Grand Avenue and South Courtland Street. Assistant Planner Downing presented the staff report and recommended that the Council approve a Memorandum of Understanding (MOU) with NKT Commercial regarding negotiating a Development Agreement for the development of a mixed use project on the vacant lot at the southwest corner of East Grand Avenue and South Court land Street and provide general direction to staff and the developer. Council questions of staff and the applicant ensued regarding the proposed alternatives listed in the MOU. Minutes: City Council Regular Meeting Page 4 Tuesday, February 10, 2015 Mayor Hill invited public comment. Speaking from the public was John Mack, Arroyo Grande, in support of Alternative 1; and Michael Morrow, Arroyo Grande, in support of the proposed MOU and Alternative 2. No further public comments were received. Council comments ensued in support of the MOU containing both Alternatives, acknowledgement that this area of the City contains commercial uses; clarification that any future project applications would still need to go through the application, planning, and environmental review process; that flexibility is needed in both alternatives; that Alternative 1 is more in line with the General Plan; Alternative 2 seems vague and is similar to the prior proposal for the site; some opposition was expressed regarding high density residential on the site; development of the site is essential for economic development of the City; that a small segment of vertical mixed use on the site is desired; concern regarding traffic if a future proposal contains all commercial use; that alternative housing options are needed in the City; and that a project on this site would encourage revitalization of the rest of Grand Avenue. Action: Council Member Brown moved to approve a Memorandum of Understanding with NKT Commercial regarding negotiating a Development Agreement for the development of a mixed use project on the vacant lot at the southwest corner of East Grand Avenue and South Court land Street. Council Member Harmon seconded, and the motion passed on the following roll call vote: AYES: Brown, Harmon, Guthrie, Barneich, Hill NOES: None ABSENT: None Mayor Hill called for a break at 7:55 p.m. The Council reconvened at 8:05 p.m. 11.d. Status Update and Consideration for Short Term and Long Term Operation of Elm Street Park Off-Leash Dog Park. Interim City Manager McFall presented the staff report and recommended that the Council: 1) Direct staff to either: 1) Keep the Elm Street Dog Park open using contract staff to perform basic maintenance functions; or 2) Close the Dog Park until a determination is made on the long term operation of the Dog Park; 2) Approve an appropriation of $7,800 for maintenance costs if the Council directs to keep the Dog Park open; and 3) Refer the evaluation of long term alternatives for the on-going maintenance and operation of the Dog Park to the Parks and Recreation Commission. Staff then responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were Ann Stalcup, Pismo Beach, expressed concern about donated funds for operation and maintenance of the park, that she is willing to volunteer at the Park, thanked those who served on Five Cities Dog Park Association Board, hoped the park would remain open, and that the donations should remain with the park to support it; Patricia Williams, expressed concern with large dogs using the small dog park area; Patty Welsh, Arroyo Grande, expressed concerned with donated funds for park improvements and requested staff contact the Association to request those funds be provided to the City; Jan Scott, Arroyo Grande, expressed concerned with the current wood chips, broken glass in the large dog area, big dogs in the small dog area, and stated that the volunteers want to continue working; Beatrice Spencer, Arroyo Grande, expressed concern about the perception of loss of volunteers and the desertion of the Association with no notice, suggested an online scheduler for volunteers, stated that donations to the Park were intended for renovations, and Minutes: City Council Regular Meeting Page 5 Tuesday, February 10, 2015 supported the right type of artificial turf for the dog park. No further public comments were received. Council comments ensued regarding the status of the Dog Park; providing continuity of use; ongoing maintenance and staffing requirements; securing new volunteers to assist in the maintenance and operation of the Dog Park; liability issues associated with keeping the Dog Park open; and contacting the Five Cities Dog Park Association regarding the donations intended for maintenance of the park. Council Member Harmon expressed concern about the City getting involved in the maintenance and operation of the Dog Park and potential liability to the City; that it would not provide an incentive for volunteers to serve; and favored temporarily closing the park until the Parks and Recreation Commission could evaluate alternatives. Action: Council Member Guthrie moved to keep Elm Street Dog Park open, with a check back in 90 days, and to refer the long term alternatives for ongoing operation of the dog park to the Parks and Recreation Commission, and appropriate $7,800 for maintenance costs. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Barneich, Brown, Hill NOES: Harmon ABSENT: None 11.e. Consideration of Water Conservation and Emergency Water Shortage Restrictions and Regulations. Community Development Director McClish, Public Works Director English, and Assistant City Attorney Hirsch presented the proposed Ordinance, and reviewed current water supply and demand monitoring. Staff recommendations included: 1) Introduce an Ordinance repealing Section 13.05.040, amending Section 13.05.030 and adding Chapter 13.07 to the Arroyo Grande Municipal Code relating to Water Conservation and Emergency Water Shortage Restrictions and Regulations; 2) Remove the local purchasing requirement for the Water Efficient Washing Machine Rebate Program; and 3) Allow the rebates for the Smart Irrigation Controller Program and the Landscape Irrigation Retrofit Program to be combined for a total maximum rebate of$500. Staff then responded to questions from Council. Mayor Hill invited public comment. Speaking from the public was Patty Welsh, Arroyo Grande, regarding water conservation efforts; mowing and watering of grass in the City parks; and water use and conservation needed in restaurants. No further public comments were received. Action: Mayor Pro Tern Barneich moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING SECTION 13.05.040, AMENDING SECTION 13.05.030 AND ADDING CHAPTER 13.07 TO THE ARROYO GRANDE MUNICIPAL CODE RELATING TO WATER CONSERVATION AND EMERGENCY WATER SHORTAGE RESTRICTIONS AND REGULATIONS". Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Harmon, Guthrie, Hill NOES: None ABSENT: None Minutes: City Council Regular Meeting Page 6 Tuesday, February 10, 2015 Action: Mayor Pro Tern Barneich moved to remove the local purchasing requirement for the Water Efficient Washing Machine Rebate Program and allow the rebates for the Smart Irrigation Controller Program and the Landscape Irrigation Retrofit Program to be combined for a total maximum rebate of $500. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Barneich, Brown, Guthrie, Harmon, Hill NOES: None ABSENT: None Mayor Hill called for a break at 10:35 p.m. The Council reconvened at 10:40 p.m. 11.f. Consideration of Consultant Service Agreements for Civil Engineering, Construction Management, Materials Testing, and Land Surveying Services. City Engineer Horn presented the staff report and recommended that the Council approve and authorize the Interim City Manager to execute Agreements for Consultant Services to: 1) Earth Systems Pacific; Pavement Engineering Inc.; and Advantage Technical Services Inc. for materials testing services; 2) Cannon Corporation; Stantec Consulting Services Inc.; and MNS Engineers Inc. for land surveying services; 3) Filippin Engineering Inc.; MNS Engineers Inc.; Water Systems Consulting Inc.; Lenhardt Engineering Inc.; and Stantec Consulting Services Inc. for construction management services; 4) Omni Means Engineering Solutions; Wallace Group; Cannon Corporation; Water Systems Consulting Inc.; Michael K Nunley and Associates; Eikhof Design Group; Lenhardt Engineering Inc.; and North Coast Engineering Inc. for civil engineering services; 5) Direct staff to return to Council prior to contract term completion with either contract extension of up to two years or award of new agreements; and 6) Authorize staff to issue purchase orders for consultant services if the proposed cost is within the City Council approved project or service budget. At this time, Mayor Hill noted that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m. Action: Council Member Brown moved to continue the meeting past 11:00 p.m., Mayor Pro Tern Barneich seconded, and the motion passed unanimously by voice vote. Mayor Hill invited public comment on Item 11.f. No public comments were received. Action: Council Member Harmon moved to approve and authorize the Interim City Manager to execute Agreements for Consultant Services to: 1) Earth Systems Pacific; Pavement Engineering Inc.; and Advantage Technical Services Inc. for materials testing services; 2) Cannon Corporation; Stantec Consulting Services Inc.; and MNS Engineers Inc. for land surveying services; 3) Filippin Engineering Inc.; MNS Engineers Inc.; Water Systems Consulting Inc.; Lenhardt Engineering Inc.; and Stantec Consulting Services Inc. for construction management services; 4) Omni Means Engineering Solutions; Wallace Group; Cannon Corporation; Water Systems Consulting Inc.; Michael K Nunley and Associates; Eikhof Design Group; Lenhardt Engineering Inc.; and North Coast Engineering Inc. for civil engineering services; 5) Direct staff to return to Council prior to contract term completion with either contract extension of up to two years or award of new agreements; and 6) Authorize staff to issue purchase orders for consultant services if the proposed cost is within the City Council approved Minutes: City Council Regular Meeting Page 7 Tuesday, February 10, 2015 project or service budget. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Harmon, Guthrie, Brown, Barneich, Hill NOES: None ABSENT: None 12. COUNCIL COMMUNICATIONS Council Member Harmon requested consideration to place on a future agenda a status update, progress report, and presentation from Verdin Marketing Consultants on the water conservation program. Mayor Pro Tern Barneich referred to earlier public comments by Mr. Ziomek regarding speed traps and requested that staff follow up on the matter. She also requested that the report from Mr. Johnson on Cherry Lane be distributed to the Council. Mayor Hill commented on a recent ride-a-long he participated in with the Arroyo Grande Police Department and commended the Department for their great performance. He also reported that over the weekend, the Five Cities Homeless Coalition opened a warming center in the Social Services building that was supported by Dignity Health. 13. STAFF COMMUNICATIONS None. 14. COMMUNITY COMMENTS AND SUGGESTIONS Patty Welsh, Arroyo Grande, commented on a visit she made to the warming center and noted there was a need for donations of tube socks and sweat pants. 15. CLOSED SESSION: None. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 11:06 p.m. Ji Hill, Mayor TEST: it / • Kelly W� mot.;, City Clerk (Approved at CC Mtg 3//0/2.0(5