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Minutes 2015-05-26 ACTION MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, MAY 26, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL MEETING 5:30 P.M. 1. CALL TO ORDER: Mayor Hill called the Special City Council Meeting to order at 5:30 p.m. 2. ROLL CALL: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tem Kristen Barneich, and Mayor Jim Hill were present. Interim City Manager Bob McFall, Deputy City Attorney Heather Whitham, and City Clerk Kelly Wetmore were also present. 3. FLAG SALUTE Mayor Hill led the flag salute. 4. PUBLIC COMMENT: None. 5. CITY COUNCIL CLOSED SESSION: a) CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1): Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214 Deputy City Attorney Whitham announced that the Council would adjourn to closed session to consider Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214. 6. RECONVENE: Mayor Hill reconvened the meeting to open session at 6:00 p.m. REGULAR MEETING 6:00 P.M. ` 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:05 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro Tem Kristen Barneich and Mayor Jim Hill were present. City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham, 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, Chief of Police Steve Annibali, Public Works Director Geoff English, Five Cities Fire Authority Chief Lieberman. Minutes: City Council Regular Meeting Page 2 Tuesday, May 26, 2015 3. MOMENT OF REFLECTION 4. FLAG SALUTE Maureen Sharon, representing Arroyo Grande Valley Kiwanis, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. City Council Special Meeting of: May 26, 2015 - Conference with legal counsel — existing litigation pursuant to Government Code Section 54956.9(d)(1): Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214 City Attorney Whitham announced that the Council met to discuss Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related issues and the Council voted 5-0 to retain the law firm of Somach, Simmons, and Dunn to provide water related legal services to the City. 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. Honorary Proclamation Recognizing Palak Patel as a National Merit Scholar. Mayor Hill presented an Honorary Proclamation recognizing Palak Patel as a National Merit Scholar. Palak Patel accepted the Proclamation. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were: April Dury, Arroyo Grande, expressed concern with the fee being charged by the AGGB Chamber of Commerce for the Breakfast with the Mayor and expressed interest in a public State of the City Address with no fee; Patty Welsh, Arroyo Grande, commended the Fire Authority's response to a house fire this past weekend; Brad Snook, representing Surfrider Foundation, distributed their first quarterly newsletter and contact cards to the Council and announced an upcoming Oceans Friendly presentation; Randy Ouimette, Arroyo Grande, provided an invocation; Randy Morton, Arroyo Grande, acknowledged Mayor Hill for attending and speaking at the memorial service at the Arroyo Grande Cemetery and the American Legion Post 136 for providing lunch after the service; Kathy Tourdot, Inquired about the memorial plaques placed under the trees in City parks. 8. CONSENT AGENDA Mayor Hill referred to Item 8.d. (Lopez Water Supply Contract - Request for Consent to One- Time Extension of Time for the Zone 3 Water Contractors to Request an Amendment to their Minutes: City Council Regular Meeting Page 3 Tuesday, May 26, 2015 Water Delivery Schedules for the Prior Water Year) and clarified that for some of the Lopez Contractors, it changes water that was being delivered as Lopez water to be delivered as State water instead under the agreements that they have. Mayor Hill invited public comment on the Consent Agenda. Speaking from the public were: Paavo Ogren, General Manager OCSD, stated that Item 8.d seeks to reclassify source of water and benefits State Water Contractors because of greater certainty on supplies available through the drought and provides the ability to share the water if the drought persists; and Julie Tacker, referred to Item 8.d. and expressed concern about disadvantages identified in the staff report as it relates to groundwater pumping. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.d., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Guthrie, Harmon, Barneich, Hill NOES: None ABSENT: None 8.a. Consideration of Monthly Water Supply and Demand Update. Action: Received and reviewed the monthly Water Supply and Demand Update report. 8.b. Consideration of Award of Contractor Services Agreement with Statewide Safety and Signs Inc. for Traffic Control Services for the Paulding Wall Rehabilitation Project. Action: Approved and authorized the Mayor to execute a Contractor Services Agreement with Statewide Safety and Signs Inc. for Traffic Control Services for the Paulding Wall Rehabilitation Project. 8.c. Consideration of a Proposal from the Arroyo Grande Valley Kiwanis Club to Fund the Installation of New Inclusive Play Equipment at Elm Street Park. Action: 1) Approved the conceptual design plans for a proposal by the Arroyo Grande Valley Kiwanis Club to privately fund the purchase and installation of new"inclusive" play equipment at Elm Street Park; and 2) Approved an Object Donation Agreement between the City of Arroyo Grande and the Arroyo Grande Valley Kiwanis Club for the donation and installation of six (6) pieces of play equipment at Elm Street Park. 8.d. Lopez Water Supply Contract - Request for Consent to One-Time Extension of Time for the Zone 3 Water Contractors to Request an Amendment to their Water Delivery Schedules for the Prior Water Year. Action: Approved and authorized the Mayor to sign the Consent to One-Time Extension of Time under Article 9 Paragraph (C) of the Lopez Water Supply Contract to allow the Zone 3 Water Contractors additional time to request an amendment to their water delivery schedules for the prior water year. 9. PUBLIC HEARINGS 9.a. Consideration of Adoption of a Resolution Declaring a Stage 1 Water Shortage Emergency and Adoption of an Urgency Ordinance to Amend AGMC Section 13.07.090 Relating to Penalties and Enforcement of Emergency Water Shortage Restrictions and Regulations. Minutes: City Council Regular Meeting Page 4 Tuesday, May 26, 2015 Interim City Manager McFall provided introductory comments and Director of Public Works English presented the staff report and recommended that the Council: 1) Adopt a Resolution declaring a Stage 1 Water Shortage Emergency and implementing Emergency Water Shortage Restrictions and Regulations in accordance with California Water Code Section 350 and Arroyo Grande Municipal Code Section 13.07.030; 2) Adopt an Urgency Ordinance amending Section 13.07.090 of the Arroyo Grande Municipal Code relating to Penalties and Enforcement for Violations of Emergency Water Shortage Restrictions and Regulations; 3) Approve the expansion of the City's Turf Removal Rebate program to include Commercial properties not currently served by an irrigation meter; and 4) Appropriate $30,000 from the Water Fund for the hiring of temporary employees and other costs associated with implementation of the water use restrictions. Community Development Director McClish further explained the framework for implementing the Urgency Water Ordinance. Council questions ensued regarding clarification on the increase in staffing; how the proposed penalties were determined; how effective penalties are in encouraging conservation; costs associated with water conservation school; use of volunteers in the community to teach classes; moratorium (when would that be a needed option); and a suggestion for implementing a ban on new lawns. Mayor Hill invited public comment. Speaking from the public were: Ann Silver, inquired where the money from the fines go; Catherine Lorbecki, Arroyo Grande, stated she is having difficulty staying under Tier 1 for a family of 4 for a two month period and encouraged staff to look at a one month billing cycle; Dan Larson, stated his house was empty for 3 months prior to his moving in, commented on costs going up for infrastructure; and said incentives should be given to bank water savings; Collin Wigglesworth, Arroyo Grande, asked what the City's position was on gray water plumbing on new construction; Claire Clark, Arroyo Grande, encouraged a more proactive approach to water conservation and suggested the hiring of a staff person to reach out to the highest water users in the community, implement higher penalties, and consider staff impacts; Patty Welsh, Arroyo Grande, spoke in opposition to banning grass; Brad Snook, Arroyo Grande, spoke in opposition to banning turfs, and said the Cash for Grass program for commercial is a great idea; Julie Tacker, stated her community is required to use less than 50 gallons per person per day and outdoor irrigation is prohibited, asked for results of the conservation campaign, noted that conservation would save on expensive projects in the future; Otis Page, Arroyo Grande, commended staff and suggested evaluating conservation results in 3 months, establish a date certain when Stage 1 ends, and consider transferring revenue received from water to the General Fund; Patricia Price, Arroyo Grande, stated she would like the moratorium explored further, supported gray water use, and expressed concerned with water use in the agricultural fields. No further public comments were received. Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A STAGE 1 WATER SHORTAGE EMERGENCY IN ACCORDANCE WITH CALIFORNIA WATER CODE SECTION 350 AND ARROYO GRANDE MUNICIPAL CODE SECTION 13.07.030", and approve the expansion of the City's Turf Removal Rebate program to include Commercial properties not currently served by an irrigation meter. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Brown, Guthrie, Harmon, Barneich, Hill NOES: None ABSENT: None Minutes: City Council Regular Meeting Page 5 Tuesday, May 26, 2015 Action: Council Member Guthrie moved to adopt an Ordinance entitled: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 13.07.090 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO PENALTIES AND ENFORCEMENT FOR VIOLATIONS OF EMERGENCY WATER SHORTAGE RESTRICTIONS AND REGULATIONS". Mayor Pro Tern Barneich seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: - None ABSENT: None Action: Council Member Guthrie moved to appropriate $30,000 from the Water Fund for the hiring of temporary employees and other costs associated with implementation of the water use restrictions. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll- call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None Mayor Hill called for a break at 8:24 p.m. The Council reconvened at 8:36 p.m. 10. CONTINUED BUSINESS 10.a. Consideration for Long Term Operation of Elm Street Park Off-Leash Dog Park. Director of Recreation Services Rogers presented the staff report and recommended that the Council choose one of four options for the long term operation of the Elm Street Park Off-Leash Dog Park. Staff responded to questions from Council. Mayor Hill invited public comment. Jan Scott, Arroyo Grande, spoke on behalf of the Dog Park volunteers and stated they are ready to move forward with forming an Association; and Anne Silva, spoke in favor of the City creating a 501c non-profit in order to have Brown Act rules to apply, have good governing documents, and any money raised should go there. No further public comments were received. Council comments ensued in support of Option 4 to designate an identified interested group to take over Dog Park responsibilities. Action: Council Member Guthrie moved to direct staff to work with the group that proposes to form the Elm Street Dog Park Association through SLOPOST, and if necessary, come back with an alternative 501c organization, and for the City to continue maintenance of the Dog Park for up to six months. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None Minutes: City Council Regular Meeting Page 6 Tuesday, May 26, 2015 11. NEW BUSINESS 11.a. Consideration of Providing Input and/or Direction to the Five Cities Fire Authority ("FCFA") Representative Regarding the FCFA's Preliminary Budget for FY 2015/16. Interim City Manager McFall introduced the item and recommended that the Council review the Five Cities Fire Authority preliminary budget and provide comments to the City's appointed Five Cities Fire Authority representative. Council Member Harmon, who serves as the City's representative on the FCFA Board, provided background information and expanded on directives discussed by the FCFA Board at its May 15th meeting. Council questions of staff ensued regarding the failure of the Benefit Assessment District measure; clarification of the funding formula; status of the comprehensive Strategic Plan review; reviewing and updating the JPA; rationale for an additional Battalion Chief; debt service funding for replacement equipment; fire development impact fees; staffing; building inspections; and emergency response to the dunes. Mayor Hill invited public comment. Judith Bean, President and CEO of the AGGB Chamber of Commerce, provided an overview of the results of a survey sent to the Chamber membership regarding services provided by the FCFA; Otis Page, Arroyo Grande, requested the Council examine the JPA and if it is to continue, then change the JPA, and suggested the City solicit a bid for services from Cal Fire; Greg Moore, Arroyo Grande business owner, spoke in support of FCFA's request for additional funding; Michael Lo Presti, FCFA Reserve, spoke regarding differences in pay, the retention and quality of personnel, and supported an increase in salary; Joe Costello, Arroyo Grande, spoke in support of the FCFA and the proposal for a Battalion Chief, pay increase for firefighters, and establishing an equipment reserve fund; Mary Lucy, OCSD Director, spoke in support of the FCFA JPA; Todd Warnett, Arroyo Grande, Assistant Chief of Operations at Diablo Canyon, spoke in support of Chief Lieberman, noted that consolidation has achieved cost savings, that there is a need to fund and replace equipment, supported the proposed battalion chief position and salary increase; John Shoals, Grover Beach Mayor and FCFA Board Member, spoke in support of FCFA noting that efficiencies and savings have been realized; Karen White, Halcyon resident and OCSD Board Vice Chair, spoke in support of the FCFA; Glen Hoving, Arroyo Grande, spoke in support of FCFA; Beatrice Spencer, Arroyo Grande, commented on a possible Brown Act violation with the FCFA Board; Julie Tacker, stated she speaks for herself and expressed concern about claims that others are speaking for her; expressed concern about the amount of money being requested by the FCFA; commented on the expense and failure of the Benefit Assessment District measure which hurt the FCFA, and stated if the formula had been applied then maybe that would have helped; and expressed concern about the change in priority from what was before the voters last year which was for improved dispatch services, improved apparatus and equipment replacement, and increased fire fighting staffing; Tracy Corley, Arroyo Grande, spoke in support of the FCFA; and Patrick Ferguson, FCFA Association President, spoke in support of the FCFA's request for funding. No further public comments were received. Council comments ensued regarding the FCFA Preliminary Budget for FY 2015-16 with concerns expressed about sustainability, that the reserve fund is too low, and long-term pension liabilities. Minutes:City Council Regular Meeting Page 7 Tuesday, May 26, 2015 Interim City Manager McFall summarized that there was a majority consensus of the Council in support of the FCFA's Preliminary Budget to establish a fund for replacement of one fire engine, to fund an additional Battalion Chief position, to increase the hourly rate for Reserve Fire Fighters by $2.00, and to apply the specific cost allocation formula as defined in the Joint Powers Agreement. No formal action was taken. At this time, Mayor Hill noted that pursuant to Council policy, the Council must vote unanimously to continue the meeting. Council and staff discussion ensued regarding adjourning the meeting to another day to finish the remaining items on the agenda. Action: Council Member Guthrie moved to adjourn the regular meeting to May 28, 2015 at 6:30 p.m. Mayor Pro Tern Barneich seconded, and the motion passed unanimously by voice vote. ADJOURNMENT Mayor Hill adjourned the meeting at 11:21 p.m. to May 28, 2015 at 6:30 p.m. in the Council Chambers located at 215 E. Branch Street. ` f 'i Hill, Mayor TTEST: 002tettitleIC Kelly tm e, City Clerk (Approved at CC Mtg -/-70/5 )