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CC 2015-08-25_08d Approval of MinutesACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL AND REGULAR MEETING OF THE CITY COUNCIUSUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, JUNE 23, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL MEETING 5:30 P.M. CALL TO ORDER: Mayor Hill called the Special City Council Meeting to order at 5:34 p.m. ROLL CALL: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, and Mayor Jim Hill were present. Mayor Pro Tern Kristen Barneich was absent. Interim City Manager Bob McFall, City Attorney Heather Whitham, and City Clerk Kelly Wetmore were also present. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None. 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 City Attorney Whitham announced that the Council would adjourn to closed session to consider matters relating to Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214. RECONVENE: Mayor Hill reconvened the meeting to open session at 6:23 p.m. REGULAR MEETING 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:23 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, and Mayor Jim Hill were present. Mayor Pro Tern Kristen Barneich was absent. 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, Chief of Police Steve Annibali, Associate Planner Matt Downing, City Engineer Matt Horn, Capital Projects Engineer Mike Linn, and Public Works Director Geoff English. Item 8.d. - Page 1 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 3. MOMENT OF REFLECTION 4. FLAG SALUTE Paul Jones, representing Rotary Club of Pismo Beach -Five Cities, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. City Council Special Meeting of: June 23, 2015 Pagel • 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 there was no reportable action taken. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Council Member 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. 6. SPECIAL PRESENTATIONS 6.a. Presentation by PG&E Regarding LED Streetlight Upgrade Project. Eric Daniels, representing PG&E, provided a presentation regarding the replacement of non- decorative streetlights with LED streetlights within the City, the timeline for the project, and outreach efforts being undertaken to notify the public. Mayor Hill requested that Item 1 O.a. (Presentation by Southern California Gas Company) be moved up on the Agenda at this time. 1 O.a. Presentation by Southern California Gas Company on the Pipeline Safety Enhancement Project Including Line Replacement Routing, Director of Public Works English provided introductory comments and recommended the Council receive and comment on a presentation by Southern California Gas Company staff on the next phase of the proposed Pipeline Safety Enhancement project (PSEP) including replacement line routing. Tim Mahoney, Public Affairs Manager, Mark Holden, Project Manager, and Olga Quinones, Community Education and Outreach Manager, representing Southern California Gas Company (SoCalGas), presented the next phase of the Pipeline Safety Project which includes the proposed route for the line replacement portion of the Pipeline Safety Enhancement Project, and the project timeline which includes breaking ground in 2016. Staff and SoCalGas representatives then responded to questions from Council regarding the proposed routing, environmental determinations relating to archaeological resources; obtaining appropriate permits; and public outreach efforts. Item 8.d. - Page 2 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 Page3 Mayor Hill invited public comment. Speaking from the public was Steve Ross, Arroyo Grande, expressing concern about impacts to Fair Oaks Avenue after it has been resurfaced and resealed. In response to public comment, Director English provided clarification on the slurry seal project scheduled for Fair Oaks Avenue and noted that PG&E would be required to pave one full lane width following the PSEP project. Mr. Mahoney stated that PG&E guarantees for life all repair work following street cuts. No formal action was taken. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Jonathan Rubaski, ARC member, who referred to the Figueroa Mountain Brewery project and expressed concern that the applicant had not complied with changes recommended by the ARC and expressed concern regarding the project review and approval process. In response to a request by Mayor Hill, Interim City Manager McFall provided a brief update on the review process and the Planning Commission's final determination of the project. In response to a request by Council Member Brown, staff and legal counsel briefly described Council policy concerning appeals brought by the Council. Mayor Hill invited additional public comment. Speaking from the public were Steve Ross, Arroyo Grande, who inquired whether the ARC directed Mr. Rubaski to speak on their behalf as he did not state he was speaking as an individual; Beatrice Spencer, Arroyo Grande, who commented that she watched the Planning Commission meeting and expressed concern about non-compliance, and she also stated she was sad to hear that the Girls' Restaurant is moving out of their location because their rent is being tripled by the developer, and stated that the City's economic development efforts need to support the long-time locally owned businesses in the community; Aaron Henkel, Arroyo Grande, commented on transparency and that no one has any idea how much time staff is billing or spending on projects and wondered how staff accounts for their time. 8. CONSENT AGENDA Council Member Harmon requested that Item 8.e. be pulled, and Mayor Hill requested that Item 8.j. be pulled. Mayor Hill invited public comment on the Consent Agenda. Speaking from the public were Beatrice Spencer, Arroyo Grande, regarding Item 8.1. stating that she had received her letter from the City regarding water consumption and then commented on the statistical summary provided by Verdin Marking; Alicia Lara, Arroyo Grande, referred to Item 8.i., regarding the Brisco Road Overlay from El Camino to W. Branch Street which is to start in mid July and expressed concern with the project timing as there would be an impact if the ramps are closed. In response to public comment on Item 8.i., Capital Projects Engineer Linn noted that this was a maintenance project requested by CalTrans which would occur at night and should have no impact on residents. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.e. and 8,j., with the recommended courses of action. The motion passed on the following roll-call vote: Item 8.d. - Page 3 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 Page4 AYES: NOES: Brown, Guthrie, Harmon, Hill None ABSENT: Barneich 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period June 1, 2015 through June 15, 2015. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of May 31, 2015, as required by Government Code Section 53646(b). 8.c. Consideration of Resolutions Establishing Salary and Benefits for Management and Part-Time Employees. Action: 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING PAY RATES AND BENEFITS FOR UNREPRESENTED MANAGEMENT EMPLOYEES"; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING PAY RATES AND BENEFITS FOR UNREPRESENTED PART- TIME EMPLOYEES". 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency Meeting of June 9, 2015, and. the Special City Council Meeting of June 11, 2015, as submitted. 8.f. Consideration of Appointment to Arroyo Grande Tourism Business Improvement District Advisory Board. Action: Appointed Troi Hoffman to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board. 8.g. Consideration of Temporary Use Permit Case No. 15-010 to Authorize the Use of City Property and the Closure of City Streets and Waiver of Application Fees for the 25th Annual Arroyo Valley Car Club Sunset Cruise on July 24, 2015 and Car Sho on July 25, 2015. Action: Considered the request from the Arroyo Valley Car Club and adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 15-010, AUTHORIZING THE USE OF CITY PROPERTY, THE CLOSURE OF CITY STREETS, AND THE WAIVER OF APPLICATION FEES FOR THE 2015 ARROYO VALLEY CAR CLUB SUNSET CRUISE ON JULY 24, 2015 AND THE 26rH ANNUAL CAR SHO ON SATURDAY, JULY 25, 2015". 8.h. Consideration of a License Agreement with HIOJT Ranches to Provide for the Use of Real Property for a Police Department Firearms Range. Action: Approved the License Agreement with HIOJT Ranches for the use of real property for a police department firearms range and authorized the Mayor to execute the Agreement. 8.i. Consideration of an Award of Contract to R. Burke Corporation for Construction of the 2015 Street Repairs and Brisco Road Asphalt Overlay: El Camino Real to West Branch Street, PW 2015-06. Action: 1) Awarded a contract for construction of the subject project to R. Burke Corporation in the amount of $524,660; 2) Authorized the Interim City Manager to approve change orders for 10% of the contract amount, $52,466, for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. 8.k. Consideration of an Award of Contract to V. Lopez Jr. and Sons, GEC Inc. for Construction of the 2015 Citywide Concrete Repair Project, PW 2015-02. Item 8.d. - Page 4 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 Pages Action: 1) Awarded a contract for construction of the 2015 Citywide Concrete Repair Project to V. Lopez Jr. & Sons, GEC Inc. in the amount of $90,777.50; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $9,078.00 for additional work and unanticipated costs during the construction phase of the project; 3) Rolled Forward $10,000.00 from the FY 2014/15 Street Maintenance Fund for the project; and 4) Directed the City Clerk to file a Notice of Exemption. 8.1. Consideration of Monthly Water Supply, Demand and Marketing Update. Action: Received and reviewed the monthly Water Supply, Demand and Marketing Update Report. 8.m. Consideration of Acceptance of the Police Station Addition/Tenant Improvements Project, PW 2014-08. . Action: 1) Accepted the project improvements as constructed by GLR Construction, Inc. in accordance with the plans and specifications for the subject project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, after the Notice of Completion has been recorded, if no liens have been filed. 8.n. Consideration of Annual Report and Adoption of Resolution of Intention for Levy of Annual Assessment for Arroyo Grande Tourism Business Improvement District. Action: 1) Received and approved the annual report of the Arroyo Grande Tourism Business Improvement District Advisory Board (AGTBID); 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE OF INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE AGTBID AREA FOR FISCAL YEAR 2015-16 AT THE SAME RATE AS IN FISCAL YEAR 2014-15"; and 3) Set the date for the public hearing for July 28, 2015. ITEMS PULLED FROM CONSENT AGENDA 8.e. Consideration of Consultant Services Agreement with RG Pacific for Tourism Marketing Services. Recommended Action: Approve a consultant services agreement with RG Pacific for tourism marketing services to assist the Arroyo Grande Tourism Business Improvement District. Mayor Hill stated it was important to add that Arroyo Grande is identified as a Bicycle Friendly Community and to promote the Central Coast Classique coming up on August 22nd; to identify the cycling routes in Arroyo Grande; and expressed concern that RG Pacific's Plan promotes the Pismo Outlets and needs more emphasis on the shopping available in Arroyo Grande. Judith Bean, representing Arroyo Grande Grover Beach Chamber of Commerce, stated that this was good feedback and that RG Pacific is very receptive to ideas and further commented on the review of their RFP and that it will be good to have a new marking perspective. Action: Council Member Harmon moved to approve a consultant services agreement with RG Pacific for tourism marketing services to assist the Arroyo Grande Tourism Business Improvement District. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Harmon, Guthrie, Brown, Hill None Barneich 8.j. Consideration of an Award of Contract to American Asphalt South, Inc. for Construction of the 2015 Street Resurfacing Project; PW 2015-07; and Adoption of Item 8.d. - Page 5 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 Page6 a Resolution Establishing the Speed Limit on Fair Oaks Avenue from Valley Road to Orchard Street. Recommended Action: 1) Award a contract for the 2015 Street Resurfacing Project to American Asphalt South, Inc. in the amount of $239,817.90; 2) Authorize the Interim City Manager to approve change orders for 10% of the contract amount, $23,982.00 for unanticipated costs during the construction phase of the project; 3) Approve plans to revise roadway striping and marking configurations on Fair Oaks Avenue, between Valley Road and Orchard Street, to incorporate bicycle lanes; 4) Adopt a Resolution to lower the posted speed limit on Fair Oaks Avenue, between Valley Road and Orchard Street, from 40 MPH to 35 MPH to enable the placement of bicycle "Sharrows"; and 5) Direct the City Clerk to file a Notice of Exemption. Mayor Hill expressed concerns regarding the narrow lanes by Arroyo Grande High School, and the large number of accidents in that area. He supported lowering the speed limit and suggested that this be done as a first step in order to observe the results, prior to revising the striping for bike lanes. City Engineer Horn provided background information regarding the design for Fair Oaks Avenue that includes a Class II bike lane from Traffic Way to Orchard, explained the concept of bicycle sharrows, and the increasing number of requests for bike lanes in the City. Mayor Hill invited public comment. Speaking from the public was Beatrice Spencer, Arroyo Grande, who agreed with Mayor Hill, and stated that there are distracted drivers, bus, truck and farm equipment traffic in this area and opposed the plans to revise the roadway striping to incorporate bike lanes; Steve Ross, Arroyo Grande, stated he is a member of the City's Traffic Commission and the Citizens Transportation Advisory Committee (CTAC), and noted that Caltrans data shows narrowing of lanes in general increases accidents; and Aaron Henkel, Arroyo Grande, who commented that there are differences between Elm Street and Fair Oaks Avenue and opposed the proposed plan for bike lanes on Fair Oaks Avenue. Council Member Guthrie commented that the portion of this item relating to the bike lanes would be worth bringing back as a regular business item with presentations and diagrams and an opportunity to hear from the bicycle community. Director English stated that the design for the striping could come back on the July 28 1h meeting agenda. Action: Mayor Hill moved to: 1) Award a contract for the 2015 Street Resurfacing Project to American Asphalt South, Inc. in the amount of $239,817.90; 2) Authorize the Interim City Manager to approve change orders for 10% of the contract amount, $23,982.00 for unanticipated costs during the construction phase of the project; 3) Direct staff to further study and bring back to Council for direction regarding the revising of roadway striping and marking configurations on Fair Oaks between Valley Road and Orchard with respect to bicycle lanes and other proposed alterations; 4) Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE SPEED LIMIT ON FAIR OAKS AVENUE", as amended, based on the findings of the traffic study"; and 5) Direct the City Clerk to file a Notice of Exemption. Council Member Harmon seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Hill, Harmon, Guthrie, Brown None Barneich 9. PUBLIC HEARINGS None. Item 8.d. - Page 6 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 10. OLD BUSINESS 10.b. Consideration of Local Sales Tax 10-Year Plan. [CC/SUCCESSOR AGENCY] Page7 Interim City Manager McFall presented the staff report and recommended the Council: 1) Provide direction on proposed projects funded through the Local Sales Tax; 2) Approve the Local Sales Tax 10-Year Plan; and 3) Amend the FY 2015-16 Budget to reflect the approved expenditures from the Local Sales Tax Fund. Brief Council comments ensued regarding the structure of the Local Sales Tax Fund. Staff provided an overview of projects that are currently funded and in progress and requested direction from Council Mayor Hill invited public comment. Speaking from the public expressing concerns about how the local sales tax is being allocated and requesting clarification were: Steve Ross, Arroyo Grande; Beatrice Spencer, Arroyo Grande; and Patty Welsh, Arroyo Grande. Hearing no further comments, Mayor Hill closed the public comment period. Following Council comments, Interim City Manager McFall provided a summary of Council direction for amending the Local Sales Tax Fund as follows: Eliminate projects that have been identified on Attachment 1 under "Projects to be Reviewed" (Traffic/Pedestrian Safety Improvement Program); Project Studies and Planning; Various Park Equipment and Improvements; Street Tree Trimming; Various Drainage -CMP Replacements; Stormwater Plan; Emergency Operations Center; Various Facility Repairs; Recreation Center Operations; and Transfers to General Fund Operations); and to eliminate ADA improvements. Action: Council Member Guthrie moved to adopt the local sales tax budget as amended by moving all of the items under "Projects to be Reviewed" to the fund balance, along with the ADA improvements, and that for future years, funds that are not previously allocated would be zeroed out and moved to the fund balance. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Guthrie, Brown, Harmon, Hill None Barneich Mayor Hill called for a break at 9:15 p.m. The Council reconvened at 9:26 p.m. 11. NEW BUSINESS 11.a. Presentation of the Annual Report for the 2014 Northern Cities Management Area and Status of Regional Recycled Water Projects. Community Development Director McClish presented the staff report and recommended the Council: 1) Receive the presentation for the 2014 Northern Cities Management Area annual report; and 2) Provide direction to staff regarding continued collaboration and participation in the regional recycled water projects. Dan Heimel, Water Systems Consulting, presented the NCMA Annual Report and responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Alicia Lara, Arroyo Grande regarding groundwater pumping and monitoring; Beatrice Spencer, Arroyo Granc;le, regarding the one time seawater intrusion event which was traced back to an uncapped well, and stated that more facts are needed. Item 8.d. - Page 7 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 PageB Ben Fine, City of Pismo Beach Public Works Director, gave a presentation on its recycled water project and responded to questions from Council. Mayor Hill invited public comment on the presentation. Speaking from the public was Beatrice Spencer, Arroyo Grande, commented that Arroyo Grande, in conjunction with the Sanitation District, is already committed to one recycling project and asked if the City joined with Pismo, can the City afford both projects; commented on water supply being piped through oil pipelines; commented on agency funding contributions; and commented on projects located near the airport that would need FAA approval. Dan Heimel provided a status update on the SSLOCSD Satellite Water Resource Recovery Facility Planning Study and OCSD Groundwater Recharge Study. Mayor Hill invited final public comment. Speaking from the public was Patty Welsh, Arroyo Grande, expressing concern that the City of Pismo Beach has two approved hotel projects to be built and that they also want to build out in Price Canyon. Further Council comments and questions of staff ensued. Mayor Hill suggested that a regional, noticed meeting of all jurisdictions be held to discuss the options. Action: Mayor Hill moved to authorize staff to participate with the City of Pismo Beach to work out some of the details of the project and gather additional information; to authorize staff to participate in testing and characterizing the aquifer; to authorize staff to look into arrangement of a multi jurisdictional regional meeting to consider governance issues if the Council decides to move forward. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Hill, Guthrie, Brown, Harmon None Barneich Council Member Brown commented on the late hour and that the next item is a serious issue. He suggested that the Council not proceed past 11 :00 p.m. and that the next item be placed on the next agenda. Mayor Hill noted that pursuant to Council policy, the Council must vote to continue the meeting past 11:00 p.m .. Action: Council Member Harmon moved to continue the meeting and conclude this agenda as people have been waiting for the next item. Council Member Guthrie seconded the motion, with a friendly amendment to table Council Reports. Council Member Harmon agreed to the amendment. The motion failed on a 3-1-1 voice vote with Council Member Brown voting No and Mayor Pro Tern Barneich being absent. City Attorney Whitham clarified that Council policy requires a unanimous vote to continue the meeting past 11 :00 p.m. Action: Council Member Guthrie moved to continue the meeting until 11 :30 p.m. Mayor Hill seconded, and the motion passed unanimously by voice vote. 11.b. Consideration of Temporary Ramp Closure for the Brisco Road-Halcyon Road /Highway 101 Project Item 8.d. - Page 8 Minutes: City Council Regular Meeting Tuesday, June 231 2015 Page9 Community Development Director McClish introduced the item and City Engineer Horn presented the staff report and recommended that the Council provide direction to staff regarding developing a work plan with Caltrans for a temporary ramp closure for the Brisco Road-Halcyon Road/Highway 101 project once the project report is complete. Staff then responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Alicia Lara, Arroyo Grande, expressing concern over the delay in time for bringing this item to the Council; commented on school being out for the summer as it relates to traffic counts; and expressed concern that stakeholders were not notified of this item; Aaron Henkel, Arroyo Grande, commented on costs to finish the project, that City staff should track time spent on the project; commented on public notification, asked about status of the draft environmental document; commented that a funding source must be identified in the Draft Project Report, and commented on the proposed ramp closure; and Beatrice Spencer, Arroyo Grande, expressed concern with the estimated project costs, suggested that Alternative 4C be dropped as the City cannot afford it, and supported Alternative 1 . At 11 :30 p.m., Mayor Hill asked for a motion to continue with the meeting. Action: Council Member Brown moved to continue the meeting until 11 :45 p.m. Council Member Guthrie seconded, and the motion passed unanimously by voice vote. Council comments ensued regarding the proposed temporary ramp closure. Action: Council Member Guthrie moved to direct staff to move forward with the temporary ramp closure and that it will not interfere with the current work on the Brisco Interchange Project. Council Member Harmon asked if the findings of the ramp closure should be incorporated into a supplemental report in consideration with the Brisco project. Council Member Guthrie agreed to amend his motion to include that direction to staff. Council Member Harmon seconded, and the motion passed on the following roll call vote: · AYES: NOES: ABSENT: Guthrie, Harmon, Brown, Hill None Barneich 12. COUNCIL REPORTS: This item was tabled to the next regular meeting. 13. COUNCIL COMMUNICATIONS: Council Member Harmon expressed concern that The Girls Restaurant is being displaced based on modifications to the Elm Street Center and asked staff to provide follow up information on the matter. 14. STAFF COMMUNICATIONS: None. 15. COMMUNITY COMMENTS AND SUGGESTIONS: None. Item 8.d. - Page 9 Minutes: City Council Regular Meeting Tuesday, June 23, 2015 16. ADJOURNMENT Mayor Hill adjourned the meeting at 11 :44 p.m. Jim Hill, Mayor ATTEST: Kelly Wetmore, City Clerk {Approved at CC Mtg _____ ), Page10 Item 8.d. - Page 10 ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, JUNE 30, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the Special City Council Meeting to order at 6:00 p.m. 2. ROLL CALL Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tern Kristen Barneich, and Mayor Jim Hill were present. Interim City Manager Bob McFall, City Attorney Heather Whitham, Community Development Director Teresa McClish, Associate Planner Matt Downing, and City Clerk Kelly Wetmore were also present. 3. FLAG SALUTE Mayor Hill led the flag salute. 4. PUBLIC COMMENT Mayor Hill invited public comment. Speaking from the public were: Patty Welsh, Arroyo Grande, who commented on the City's Guidelines and Standards for Mixed Use Districts, expressed concern that the Figueroa Mountain project is not in compliance with the sign regulations, expressed concern with safety issues surrounding the silo as it relates to the unsecured gate and unauthorized access issues, expressed concern that the facade does not match the original plan, stated the City needs to enforce the rules and guidelines, and urged the Council to further review the project; Jonathan Rubaski, Arroyo Grande, referred to several components of the project reviewed by the ARC that were not implemented; referred to the City's Guidelines and Standards and stated that he did not believe the project was in substantial compliance with the plans; Terry Bottenfield, project builder representing Figueroa Mountain, addressed issues relating to the signs and the silo and stated that they are making every effort to comply. He further commented that the building had been sitting there empty for a long time and the restaurant will be a good addition to the City; and Beatrice Spencer, Arroyo Grande, acknowledged the investment of time and money in the project; commented on the sign not being constructed to specifications and that it is the responsibility of the sign company to remedy the size, that making exceptions can be perceived as playing favorites, and that applicants should know the guidelines and standards up front. 5. CITY COUNCIL MEMBER ITEMS 5.a. Consideration of a Request by Council Member Brown to Appeal the Planning Commission's Findings that Facade Treatments and Sign Installations are in Substantial Conformance with Conditional Use Permit Case No. 14-005 and Planned Sign Program Case No. 14-001: Establishment of a Microbrewery and Restaurant: Located at 1462 E. Grand Avenue; Applied for by Figueroa Mountain Entertainment, LLC Item 8.d. - Page 11 Minutes of City Council Special Meeting June 30, 2015 Page2 Community Development Director McClish reviewed the project review timeline and Associate Planner Downing addressed issues relating to the silo. Council Member Brown expressed concerns that the building plans that were approved for the project were different from the construction plans approved by the Planning Commission. The applicant's representative and project builder, Terry Bottenfield, then responded to questions by Council Member Brown regarding the silo. Council comments ensued regarding the project, support of the Planning Commission's review of the facade treatments and sign installations and associated findings that the project is in substantial compliance with the conditional use permit, that there is a need to review the plan check process and modify the process as appropriate, acknowledgment that all except two of the items approved by the ARC were implemented, that the developer needs to be held accountable for staff time and review, that this is a good adaptive reuse of the building; that the sign looks proportional to the building, that there is still concern for safety regarding the ladder on the silo which must be addressed, and that the City's sign regulations must be reviewed, modified as necessary and enforced, and an emphasis on the importance of equality in enforcement of City regulations. Council Member Brown opted not to make a motion based on the comments of the rest of the Council. No formal action was taken on this item. 7. ADJOURNMENT Mayor Hill adjourned the meeting at 6:44 p.m. Jim Hill, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ___ _ Item 8.d. - Page 12 ACTION MINUTES REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, JULY 28, 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 Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro Tern Kristen Barneich and Mayor Jim Hill were present. City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham, Deputy City Clerk Kitty Norton, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, Chief of Police Steve Annibali, Associate Planner Matt Downing, City Engineer Matt Horn, and Public Works Director Geoff English. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Bob Lund, representing Arroyo Grande In Bloom, 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 None. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who congratulated the City for winning the Arroyo Grande/Grover Beach Beautification Award for Hoosegow Park and offered an Invocation; Patty Welsh, Arroyo Grande, expressed concern about an aggressive dog at the Dog Park and would like to have the dog banned from the park; Jeannie Miranda, President, Village Homes HOA, stated she spoke with City staff regarding concerns about the park near her home being very dark due to a burglary at her home and requested a light be put in the park; Charles Varney, Oceano, spoke in support of agendizing the Phillips 66 Rail Spur project item, has distributed flyers to neighbors who are in the blast zone and urged the Council not to wait for the final EIR and put the matter on the agenda; Andrea Seastrand, Vice President, Central Coast Taxpayers Association, spoke regarding proposed changes to Proposition 13, concern about protecting homes and businesses, and Item 8.d. - Page 13 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 Page2 read a letter that had been emailed to the Mayor and Council Members to protect Proposition 13; Tom Ryan, responded to false statements made about Phillips 66 and the article written in The Tribune; Linda Reynolds, Mesa Refinery Watch Group, spoke in opposition to the Rail Spur Project; Laurel Williams, Arroyo Grande, expressed concern with the schools and hospitals in the blast zone, along with the eucalyptus trees and potential of fire danger they cause, and opposed the Rail Spur project. Interim City Manager McFall suggested to Council that they could direct staff to place this item on a future agenda. Action: Council Member Guthrie moved to request staff to bring back the Phillips 66 Rail Spur item to the September 22, 2015 City Council meeting. Council Member Harmon seconded, and the motion passed unanimously by voice vote. Further public comment included: Kevin McCarthy, who thanked the Council for the generous rebate for his water efficient washing machine; John Wysong, Grover Beach, requesting help in getting a crosswalk at Oak Park Boulevard and Brighton Avenue, and also expressed concern with water; and Joe Ruler, expressed concern about changes to Proposition 13 and requested this item be put on a future agenda. Mayor Hill requested Item 16.a. be moved up on the Agenda. Mayor Pro Tern Barneich requested that if time permits they consider all Closed Session items at once. 16. CITY COUNCIL CLOSED SESSION: At 6:45 p.m., City Attorney Heather Whitham announced the City Council would adjourn to closed session to consider the following items: 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 b. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Designated Representative: Bob McFall, Interim City Manager Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) c. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): potential litigation relating to contract with GLR Construction for Police Station Addition/Tennant Improvement Project, PW 2014-08. Mayor Hill invited public comment on the Closed Session items. No comments were received. Adjourned to Closed Session. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open session at 7:40 p.m. Item 8.d. - Page 14 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 Page3 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 City Attorney Whitham announced that the Council received information and no reportable action was taken. b. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Designated Representative: Bob McFall, Interim City Manager Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) City Attorney Whitham announced that the Council gave negotiating authority to the Interim City Manager. c. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): potential litigation relating to contract with GLR Construction for Police Station Addition/Tennant Improvement Project, PW 2014-08. City Attorney Whitham announced that the Council received information from legal counsel, Council provided direction, and no reportable action was taken. There was Council consensus to move Item 1 O.a. up on the Agenda. 10. OLD BUSINESS 1 O.a. Consideration of Revised Roadway Striping for Fair Oaks Avenue between Traffic Way and Woodland Drive. City Engineer Horn presented the staff report and recommended that the Council approve plans to revise roadway striping and marking configurations on Fair Oaks Avenue, between Traffic Way and Woodland Drive, to incorporate bicycle lanes. Staff responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Kenneth Price, Arroyo Grande, local cyclist, supported the restriping and stated the more safety the more people ride; Jim Dececco, supported restriping to incorporate bicyle lanes; Lea Brooks, Bike SLO County, advocate for complete streets and support for the restriping of Fair Oaks Avenue; Patty Welsh, expressed concern about the oversized trucks and Governors' new law regarding staying 3 feet away from bicyclists; Beatrice Spencer, Arroyo Grande, expressed concern about the inexperienced drivers and does not support having the bike lane; Myron Amerine, San Luis Obispo County Bicycle Advisory Committee, gave Council information regarding Safe Routes to Schools and spoke regarding sharrows and supported restriping. Hearing no further comments, Mayor Hill closed the public comment period. Council discussion ensued regarding narrowing lanes, design immunity, sharrows, and support for the project. Item 8.d. - Page 15 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 Page4 Action: Council Member Harmon moved to approve plans to revise roadway striping and marking configurations on Fair Oaks Avenue, between Traffic Way and Woodland Drive, to incorporate bicycle lanes. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll call vote: AYES: NOES: Harmon, Barneich, Guthrie, Brown, Hill None ABSENT: None. Mayor Hill called for a break at 8:48 p.m. The Council reconvened at 8:58 p.m. 8. CONSENT AGENDA In response to a question by Mayor Hill regarding Item 8.h. as it relates to the use of SmartMeters, staff explained that SmartMeters are very expensive compared to the water meters the City currently uses. Mayor Hill invited public comment on the Consent Agenda items. Hearing none, the Mayor closed the public comment period. Action: Mayor Pro Tern Barneich moved, and Council Member Harmon seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: NOES: Barneich, Harmon, Guthrie, Brown, Hill None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period June 16, 2015 through July 15, 2015. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of June 30, 2015, as required by Government Code Section 53646(b). 8.c. Consideration of a Resolution Authorizing the Fire Station Expansion General Obligation Bond Property Tax Levy Rate. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE STATION EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2015-16 11 • 8.d. Consideration of a Resolution Establishing Job Descriptions and Salary Ranges for Several Positions. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING JOB DESCRIPTIONS AND SALARY RANGES FOR THE POSITIONS OF GEOGRAPHIC INFORMATION SERVICES TECHNICIAN, UTILITIES MANAGER AND VOLUNTEER AND PROGRAM COORDINATOR". 8.e. Consideration of Approval of Exclusive Vendor Police Tow Service Agreements. Action: 1) Approved and authorized the City Manager to execute a two-year exclusive vendor police tow service agreement with College Towing South of Grover Beach for light-duty towing; and 2) Approved and authorized the City Manager to execute a two- Item 8.d. - Page 16 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 Page5 year exclusive vendor police tow service agreement with Johnboy's Towing of Oceano for medium and heavy-duty towing. 8.f. Consideration to Authorize an Award of Bid for Police Fleet Leasing Program Including Vehicles, Financing and Upfitting, and Declaring Existing Vehicles as Surplus Property. Action: 1) Awarded a bid for the lease purchase of seven police staff vehicles to McPeek Dodge of Anaheim, CA; 2) Awarded a bid for lease financing to Rabobank I De Lage Landen Public Finance of Wayne, PA; 3) Awarded a bid for the equipment upfitting for the vehicles to Drive Customs of San Luis Obispo, CA; and 4) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING VEHICLES AS SURPLUS AND AUTHORIZING THEIR DISPOSAL 11 • 8.g. Consideration to Approve the Purchase of Tank Mixers. Action: Approved the purchase of four (4) tank mixers for Reservoirs 1, 2, 4, & 5 in the amount of $34,484.80. 8.h. Consideration of Authorization to Purchase Water Meters. Action: Approved the purchase of water meters in the amount of $41,000. 8.i. Consideration of Acceptance of the Crown Terrace Sewer Replacement Project, PW 2015-05. Action: 1) Accepted the project improvements as constructed by D-Kal Engineering, Inc. in accordance with the plans and specifications for the subject project; 2) Directed the City Clerk 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. 8.j. Consideration of Monthly Water Supply, Demand and Marketing Update. Action: Received and reviewed the monthly Water Supply, Demand and Marketing Update Report. 8.k. Consideration of Request from Planning Commissioner Keen for Consecutive Absences from Planning Commission Meetings. Action: Consented to three consecutive absences by Planning Commissioner Keen. 8.1. Consideration of Accepting Open Space Easement at the Heights at Vista Del Mar -Tract 3048. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING AN OPEN SPACE EASEMENT; LOCATED AT THE HEIGHTS OF VISTA DEL MAR (LOT 24 AND PORTIONS OF LOTS 3, 4, 5, 6, 7, 8, 9, AND 10)". 9. PUBLIC HEARINGS 9.a. Annual Public Hearing for the Arroyo Grande Tourism Business Improvement District. Interim City Manager McFall introduced the item and Director of Administrative Services Malicoat presented the staff report and recommended that 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 2015-16; 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 2015-16 fiscal year; and 4) Adopt a Resolution approving the FY 2015-16 budget for the AGTBID. Item 8.d. - Page 17 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 Page 6 Mayor Hill opened the public hearing. Hearing no public comment, Mayor Hill closed the public hearing. Mayor Hill reopened the public hearing. Speaking from the public was Patty Welsh, Arroyo Grande, who stated that finding dog-friendly hotels is very difficult. Hearing no further comments, Mayor Hill closed the public hearing. Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2015-16 FISCAL YEAR"; and "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2015-16 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Brown, Guthrie, Harmon, Barneich, Hill None None 9.b. Consideration of Conditional Use Permit 14-010; Sale of Distilled Spirits; Location -1168 W. Branch Street; Applicant: Walmart Stores, Inc; Representative -Malou Reyes, Gresham-Savage. Associate Planner Downing presented the staff report and recommended the Council adopt a Resolution approving Conditional Use Permit Case No. 14-010 for the sale of distilled spirits at Walmart. Council questions ensued regarding identification procedures, hours of operation, and sale of alcohol as it relates to the age of the sales associate. Lisa Koleib, representing Walmart Stores Inc., spoke in support of the project and stated that the alcohol is sold at the checkout, and security cameras are strategically placed for the protection of the store and its customers. Mayor Hill opened the public hearing. Speaking from the public were: Patty Welsh, Arroyo Grande, questioned if the sale of alcohol is available at the self-checkout and expressed concern with possible theft; and Helen Gant Guillory, Arroyo Grande, expressed concern about theft at Walmart. Hearing no further comments, Mayor Hill closed the public hearing. Action: Council Member Harmon moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 14-010; LOCATED AT 1168 W. BRANCH STREET; APPLIED FOR BY WALMART STORES, INC.11 • Mayor Pro Tern Barneich seconded, and the motion passed on the following roll call vote: · Item 8.d. - Page 18 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 AYES: NOES: ABSENT: Harmon, Barneich, Guthrie, Brown, Hill None None 11. NEW BUSINESS Page 7 11.a. Consideration of Property at Flora Lane to be Considered for Agricultural Mitigation Land. Community Development Director McClish presented the staff report and recommended that the Council adopt a Resolution finding that the property at Flora Lane would serve as appropriate mitigation for the purposes of conversion of 13.1 acres of agricultural land. Council questions/comments ensued regarding reduction in land in order to mitigate, if a buffer is necessary, park development fees, bike/pedestrian connection, public safety and welfare, quality of soil, and purview to forgive acreage. Nick Tompkins, applicant, spoke to the widening of Cherry Street, and responded to concerns expressed by the Council. Mayor Hill invited public comment. Speaking from the public was Patty Welsh, Arroyo Grande, regarding the need to involve the Japanese Welfare Garden applicant. Hearing no further comments, Mayor Hill closed the public comment period. Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING THAT PROPERTY AT 1189 FLORA LANE BE CONSIDERED FOR AGRICULTURAL MITIGATION LAND (APN 007-781-032); APPLIED FOR BY NKT COMMERCIAL", as modified to read: WHEREAS, on May 21, 2015, NKT Commercial submitted a request to ensure that required agricultural requirements for the E. Cherry Ave. Specific Plan Subarea 2 could be satisfied through an agricultural conservation easement and associated agreements for water and access for 9.9 acres at 1189 Flora Road; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby consider that the proposed agricultural mitigation land at 1189 Flora Road in combination with the stated water rights and access considerations as included in draft form in Exhibit "A" attached hereto and incorporated herein by this reference constitutes appropriate mitigation for the conversion of~ 9.79 acres of prime agricultural land. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Brown, Guthrie, Barneich, Harmon, Hill None None 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. Item 8.d. - Page 19 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 PageB Action: Council Member Guthrie moved to continue the meeting past 11 :00 p.m. Mayor Pro Tern Barneich seconded, and the motion passed unanimously by voice vote. 11.b. Consideration of Council Direction on the City's Water Conservation Incentive Programs. Community Development Director McClish presented the staff report and recommended that the Council: 1) Increase funding for the Cash for Grass Program for FY 2015-16 and FY 2016-17 and appropriate $131,000 from the Water Neutralization Fund in FY 2015-16 for the Program; and 2) Eliminate the following water conservation incentive programs for FY 2015-16 and FY 2016-17: a) Smart Irrigation Controllers; b) Landscape Irrigation Retrofit; c) System Water Loss Mitigation. Council questions ensued regarding reducing the public education campaign, State funding towards the cash for grass programs, City's turf program as it relates to trends throughout the City, elimination of the commercial program, timeline for cash for grass program, smart irrigation controllers, and cutting back the amount given per square foot. Mayor Hill invited public comment. Hearing none, Mayor Hill closed the public comment period. Action: Council Member Harmon moved to: 1) Increase funding for the Cash for Grass Program for FY 2015-16 and FY 2016-17 and appropriate $131,000 from the Water Neutralization Fund in FY 2015-16 for the Program; and 2) Eliminate the following water conservation incentive programs for FY 2015-16 and FY 2016-17: a) Smart Irrigation Controllers; b) Landscape Irrigation Retrofit; c. System Water Loss Mitigation. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll call vote: AYES: NOES: Harmon, Barneich, Guthrie, Brown, Hill 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 attended as the City's appointed representative. {a) MAYOR HILL: (1) South San Luis Obispo County Sanjtation District (SSLOCSD) (2) Brisco/Halcyon Interchange Subcommittee (3) Oversight Board to the Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency (4) California Joint Powers Insurance Authority (CJPIA) {b) MAYOR PRO TEM BARNEICH: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) {c) COUNCIL MEMBER GUTHRIE: (1) San Luis Obispo Council of Governments/Regional Transit Authority (SLOCOG/RT A) Item 8.d. - Page 20 Minutes: City Council Regular Meeting Tuesday, July 28, 2015 (2) South County Transit (SCT) (3) Tourism Committee (4) Brisco/Halcyon Interchange Subcommittee (d) COUNCIL MEMBER BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (e) COUNCIL MEMBER HARMON: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) 13. COUNCIL COMMUNICATIONS: Page9 Council Member Harmon requested Interim City Manager McFall follow up on the request for a light in the park as well as additional patrol of the area; and to place on a future agenda to move forward with Proposition 13 discussion. Action: Council Member Harmon moved to place the issue regarding proposed changes to Proposition 13 on a future agenda. Council Member Guthrie seconded, and the motion passed unanimously by voice vote. Mayor Pro Tern Barneich commented on the aggressive dog at the Dog Park and requested that staff look into the problem. She also thanked Bob McFall for his service to the City as the Interim City Manager. All Council Members thanked Bob McFall for his service to the City. 14. STAFF COMMUNICATIONS: Interim City Manager McFall announced a meet and greet for the public to meet City Manager Dianne Thompson on August 11, 2015 in the Council Chambers from 4:30 -6:00 p.m. and thanked the Council, community, and staff. 15. COMMUNITY COMMENTS AND SUGGESTIONS: None. ADJOURNMENT Mayor Hill adjourned the meeting at 12:03 a.m. Jim Hill, Mayor ATTEST: Kitty Norton, Deputy City Clerk (Approved at CC Mtg ____ _ Item 8.d. - Page 21 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 11, 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 6:02 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, and Mayor Jim Hill were present. Mayor Pro Tern Kristen Barneich was absent. City Staff Present: City Manager Dianne Thompson, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Director of Director of Recreation Services John Rogers, Public Works Director Geoff English, and Five Cities Fire Authority Fire Chief Steve Lieberman. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Shannon Dempsey, representing Rotary Club of Arroyo Grande, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Council Member 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. 6. SPECIAL PRESENTATIONS None. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were John Wysong, Grover Beach, regarding the crosswalks on Oak Park Blvd; Linda Osty, Arroyo Grande, who offered an invocation; Patty Welsh, Arroyo Grande, regarding problems with aggressive dogs at the Dog Park; Shirley Gibson, Halcyon, representing Bennett Loomis Archives, encouraged public attendance at the Bridge Street Bridge Project stakeholders meeting on August 261h, spoke about volcanic tuff, and thanked the 5 Cities Men's Club for rebuilding the Paulding Wall. 8. CONSENT AGENDA Mayor Hill invited public comment on the Consent Agenda. No comments were received. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.c., with the recommended courses of action. The motion passed on the following roll-call vote: Item 8.d. - Page 22 Minutes: City Council Regular Meeting Tuesday, August 11, 2015 AYES: NOES: ABSENT: Brown, Guthrie, Harmon, Hill None Barneich Page2 8.a. Consideration to Reject Construction Bids and Solicit New Construction Bids for the Municipal Water Well No. 11 Treatment Plant Construction, Well Equipment and Piping Installation Project, PW 2010-07. Action: 1) Rejected all construction bids received on July 14, 2015 for the subject project; and 2) Directed staff to revise the bid documents and solicit new construction bids for the subject project at a future date. 8.b. Consideration To Fund Sewer Main Repair Project at Sewer Lift Station No. 1. Action: Authorized the appropriation of $75,000 from the Sewer Fund balance to repair the 8" sewer main at Sewer Lift Station No. 1. 8.c. Consideration to Approve a Consultant Agreement with Rincon Consultants, Inc. for the Central Coast Collaborative Climate Action Plan Implementation and Monitoring Program. Action: Approved a consultant agreement with Rincon Consultants, Inc. for the Central Coast Collaborative Climate Action Plan (CAP) Implementation and Monitoring Program. 9. PUBLIC HEARINGS None. 10. OLD BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Senate Constitutional Amendment 5. City Manager Thompson presented the staff report and recommended that the Council consider taking a position on Senate Constitutional Amendment 5 and provide direction to staff. Mayor Hill invited public comment. Speaking from the public were Andrea Seastrand, Central Coast Taxpayers Association, in opposition to SCA-5 and stated that all cities are being approached to consider this item and requested the Council take a position to oppose SCA 5 in order to protect Proposition 13; Dan Langston, in opposition to any changes to Proposition 13; and Linda Osty, in opposition to any changes to Proposition 13. Hearing no further comments, Mayor Hill closed the public comment period. Action: Council Member Harmon moved to direct staff to prepare a Resolution opposing Senate Constitutional Amendment 5 and to bring it back to Council for adoption at a future meeting. Council Member Brown seconded the motion. Council Member Harmon expressed concern about taking positions on items that are outside the purview of the Council, and trying to balance what is appropriate for the Council to make decisions on that may impact the community, and suggested establishing a policy that provides a scope of items that are under the purview of the City Council. The motion passed on the following roll-call vote: Item 8.d. - Page 23 Minutes: City Council Regular Meeting Tuesday, August 11, 2015 AYES: NOES: ABSENT: Harmon, Brown, Guthrie, Hill None Barneich Page3 11.b. Consideration of a Resolution Urging the State to Provide New Sustainable Funding for State and Local Transportation Infrastructure and Consideration of Joining the "Fix Our Roads Coalition". Public Works Director English presented the staff report and recommended that the Council adopt a Resolution urging the State to provide new sustainable funding for state and local transportation infrastructure and join the "Fix Our Roads Coalition" as requested by the League of California Cities. David Mullinax, League of California Cities Regional Affairs Manager, spoke about the infrastructure proposal and explained the formation of the Fix Our Roads Coalition. Council questions ensued regarding use of funds being applied to existing roads, administrative costs, accountability of CalTrans, and the proposed constitutional amendment. Mayor Hill invited public comment. Speaking from the public were Andrea Seastrand, who acknowledged the need for more funding, expressed concern about how the funds are allocated, and referred to recent survey results on supplemental funding for transportation; Beatrice Spencer, Arroyo Grande, commented on road striping and expressed confusion regarding previous re-striping of Elm Street and Rancho Parkway, commented on problems with divots and potholes on her street, and stated that pavement funding can go far if the project is done right the first time. Hearing no further comments, Mayor Hill closed the public comment period. Council comments ensued regarding the proposed Resolution and strengthening the language to support an equal split of revenues provided to state and local agencies, and to include constitutional protections to prohibit using transportation dollars for other purposes in the Resolution. Council Member Harmon acknowledged the League's efforts to work on behalf of local government for transportation funding, appreciated that this would result in additional funding for the City; however, she opposed increased taxes and fees for taxpayers and consumers and preferred that the League urge the State to better manage their budget and to allocate increased funding for road repair and maintenance. Council Member Guthrie suggested proposed modifications to the Resolution to ensure an equal split of revenue sources for State and local transportation needs and incorporating language to ensure constitutional protection of transportation revenues for transportation infrastructure. He also stated he would distribute a copy of SLOCOG's supplemental funding for transportation survey results to the Council. Action: Council Member Guthrie moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE", as amended to add Section 3.5 as follows: "We support an equal split between existing State revenues and new revenue sources to be identified for use for this Item 8.d. - Page 24 Minutes: City Council Regular Meeting Tuesday,August11,2015 Page4 infrastructure package"; and expanding Section 6 to include the following: "Constitutionally protect transportation revenues for transportation infrastructure only. Include protections that prohibit using transportation dollars for other purposes". Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: NOES: Guthrie, Brown, Hill Harmon ABSENT: Barneich 12. COUNCIL COMMUNICATIONS Council Member Guthrie requested an update on the excessive use of illegal fireworks. Council Member Harmon stated this issue will go to the FCFA Board on August 19th_ City Manager Thompson stated that a presentation will be made by the Five Cities Fire Authority on this issue at the August 25th City Council meeting. Council Member Brown requested a discussion regarding the different JPA's that the City is involved with as it relates to Agreements with the City. He also requested staff follow up on the definition of roads as public facilities. Mayor Hill noted that fireworks are a major source of funding for many non-profit organizations in the area and if a change to fireworks sales is going to be made, that they be made as soon as possible so any non-profit organizations that rely on that funding may redirect their fundraising efforts. He announced a special meeting of the South San Luis Obispo County Sanitation District to be held on August 13th at 3:45 p.m.; a Water Symposium on August 13th at the Regional Center from 5:00 to 8:00 p.m.; and thanked the 5 Cities Men's Club for their work on the Paulding Wall project. 13. STAFF COMMUNICATIONS City Manager Thompson thanked the Council, staff, and community for a warm welcome to Arroyo Grande. She then provided an update on the City's water conservation efforts and announced that the City achieved a 41 % reduction in water use as compared to July of last year, reviewed total production statistics, and acknowledged and thanked the City's Drought Team for their teamwork. 1'4. COMMUNITY COMMENTS AND SUGGESTIONS None. 15. CLOSED SESSION: a. Conference with Labor Negotiator pursuant To Government Code Section 54957.6: Agency Designated Representative: Dianne Thompson, City Manager Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) Mayor Hill noted that the City Council met on July 28th to discuss this item and it would not be necessary to have a Closed Session tonight. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 7:58 p.m. Item 8.d. - Page 25 Minutes: City Council Regular Meeting Tuesday, August 11, 2015 Jim Hill, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg _____ _ Page5 Item 8.d. - Page 26