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CC 2015-08-25_08b Approval of MinutesACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 25, 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 Tem Kristen Barneich and Mayor Jim Hill were present. City Staff Present: City Manager Dianne Thompson, 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, Fire Chief Steven Lieberman, and Associate Planner Matt Downing. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Camp Fire Central Coast of California led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 5.b. Ordinances Read in Title Only. Council Member Guthrie moved, Council Member Brown seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS 6.a. Mayor’s Commendation Presented to Kevin and Shari McCarthy – Water Conservation Champions. Mayor Hill presented a Mayor’s Commendation to Kevin and Shari McCarthy for reducing their residential water consumption 57% from 2012 to 2015. 6.b. Presentation by the League of Women Voters of SLO County – Civil Discourse. Marguerite Bader, President, and Sharon Kimball, 1st Vice President, presented background on the League of Women Voters and its mission to promote civil discourse. Item 8.b. - Page 1 Minutes: City Council Regular Meeting Page 2 Tuesday, August 25, 2015 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, Arroyo Grande, who offered an invocation; Lisa Suddarth, Arroyo Grande, expressed concern about an aggressive rooster in the Village and requested signage be posted to warn the public; John Wysong, Grover Beach, expressed concern about pedestrian safety on Oak Park Boulevard; Aaron Henkel, Arroyo Grande, requested the Council consider a building moratorium due to the water shortage; Linda Drummy, Arroyo Grande, supported a moratorium due to the water shortage; Patty Welsh, supported a building moratorium, expressed concerns regarding signage for projects, and is concerned with the Dog Park rules; Beatrice Spencer, Arroyo Grande, expressed concern regarding staff billing time relating to construction projects; Tom Sear, Arroyo Grande, thanked the Council for the Paulding wall project. 8. CONSENT AGENDA Mayor Hill invited public comment on the Consent Agenda items. Speaking from the public were April McLaughlin, Arroyo Grande, and Patty Welsh, Arroyo Grande regarding Item 8.j. as it relates to the use of City funds for the water conservation marketing services. Hearing no further comments, Mayor Hill closed the public comment period. Council Member Brown requested that Item 8.g. be pulled. Action: Mayor Pro Tem Barneich moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of item 8.g., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Brown, Harmon, Hill NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period July 16, 2015 through August 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 July 31, 2015, as required by Government Code Section 53646(b). 8.c. Consideration of a Resolution Establishing Job Descriptions and Salary Ranges for Information Technology Specialist and Public Works Supervisor 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 INFORMATION TECHNOLOGY SPECIALIST AND PUBLIC WORKS SUPERVISOR”. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special Meeting of the City Council and Regular Meeting of the City Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency of June 23, 2015; the Special City Council Meeting of June 30, 2015, the Regular City Council Meeting of July 28, 2015, and the Regular City Council Meeting of August 11, 2015, as submitted. 8.e. Consideration of Appointment of Voting Delegate for the League of California Cities Annual Conference. Action: Appointed Mayor Hill as the voting delegate for the League of California Cities Annual Conference and City Manager Dianne Thompson as the alternate. Item 8.b. - Page 2 Minutes: City Council Regular Meeting Page 3 Tuesday, August 25, 2015 8.f. Consideration of a Resolution Opposing Senate Constitutional Amendment 5 (SCA 5). Action: 1) Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE OPPOSING SENATE CONSTITUTIONAL AMENDMENT 5”; and 2) Directed the City Clerk to forward the Resolution to Senator Bill Monning, Assemblyman Katcho Achadjian, and the League of California Cities. 8.h. Consideration of an Award of Contract to Paso Robles Tank, Inc. for the Reservoir No. 5 Exterior Recoating Project, PW 2015-11. Action: 1) Awarded a contract for the subject project to Paso Robles Tank, Inc. in the amount of $41,400; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $4,114, for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. 8.i. Consideration to Declare Surplus Property. Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING UNUSED FURNITURE AND EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE OR DISPOSAL”. 8.j. Consideration of Monthly Water Supply, Demand and Marketing Update. Action: Received and reviewed the monthly Water Supply, Demand and Marketing Update Report. ITEMS PULLED FROM CONSENT AGENDA 8.g. Consideration of Acceptance of the 2015 Citywide Concrete Repair Project, PW 2015-02. Recommended Action: 1) Accept the improvements as constructed by V. Lopez Jr. & Sons, Inc. for the subject project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. In response to questions by Council Member Brown regarding how funding was allocated for sidewalk repairs, City Manager Thompson responded that staff would follow up with information and provide it to the Council. Council Member Brown commented he would support increased funding for sidewalk repairs. Action: Council Member Brown moved to: 1) Accept the improvements as constructed by V. Lopez Jr. & Sons, Inc. for the subject project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-call vote: AYES: Brown, Barneich, Guthrie, Harmon, Hill NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration of General Plan Amendment 14-002; Specific Plan Amendment 14- 001, Conditional Use Permit 14-009, Vesting Tentative Tract Map 14-001, and Development Agreement 15-002; Subdivision of Two (2) Commercial Parcels into Item 8.b. - Page 3 Minutes: City Council Regular Meeting Page 4 Tuesday, August 25, 2015 Thirty-Eight (38) Residential Lots, One (1) Common Area Lot, and Three (3) Commercial Lots; Location: Southwest Corner of East Grand Avenue and South Courtland Street; Applicant: NKT Commercial; Representative – RRM Design Group. Recommended Action: As a result of the Planning Commission's tentative action to deny the subject project on August 18, 2015, it is recommended that the City Council continue the public hearing to a date certain of September 8, 2015 to allow time for the Planning Commission to formally adopt a Resolution prior to the project being considered by the Council. Mayor Hill announced that this item would be continued to the September 8, 2015 City Council meeting. Mayor Hill opened the public hearing. Hearing no public comment, Mayor Hill closed the public hearing. Action: Council Member Guthrie moved to continue the public hearing for Item 9.a to the September 8, 2015 City Council meeting. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-call vote: There was brief discussion confirming the re-noticing of nearby property owners. AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None 10. OLD BUSINESS None. 11. NEW BUSINESS 11.a. Status Report Regarding the Sale and Use of Fireworks. Fire Chief Lieberman and Police Chief Annibali presented the staff report and recommended that the Council receive the status report regarding the sale and use of fireworks and provide direction to staff. Council questions and comments ensued regarding the increased danger of fireworks due to the drought and enforcement, issues related to the use of illegal fireworks. Mayor Hill invited public comment. Speaking from the public were Heather Harris, Arroyo Grande, opposed a ban on fireworks; Patty Welsh, Arroyo Grande, suggested an increase in fines for the use of illegal fireworks and an alternative lightshow; Maureen Sharon, Arroyo Grande, opposed a ban on fireworks; Kevin McCarthy, Arroyo Grande, expressed concerned with the increase in use of illegal fireworks in the Five Cities area; Louis Linney of TNT Fireworks, Fresno, CA, commented on statewide problems with illegal fireworks, referred to recent changes in the law relating to the ability for cities to issue citations for illegal fireworks, and referred to a social host ordinance and a bill providing for a buy-back program for confiscated illegal fireworks; Jared Sharon, Arroyo Grande, opposed a ban on fireworks; Jack Item 8.b. - Page 4 Minutes: City Council Regular Meeting Page 5 Tuesday, August 25, 2015 Kress, Arroyo Grande, opposed a ban on fireworks; Aaron Henkel, Arroyo Grande, opposed a ban on fireworks; Beatrice Spencer, Arroyo Grande, opposed a ban on fireworks. Hearing no further comments, Mayor Hill closed the public comment period. Brief Council comments ensued concerning public education, the social host program referred to by Mr. Linney of TNT Fireworks, and potential interest in reviewing the ordinance relating to citations and the use of fireworks. Mayor Hill suggested the League of California Cities may have information on fireworks, and the importation and disposal of illegal fireworks in particular. No formal action was taken. The status report was received and filed. 11.b. Consideration of Status Report Regarding Development Code Amendment 14-002 Regulating Vacation Rentals and Homestays. Associate Planner Downing presented the staff report and recommended that the Council receive and file information on the status of Development Code Amendment 14-002, which implemented regulations for the establishment and operation of vacation rentals and homestays within the City. Council questions ensued regarding complaints, enforcement of violations, community education as it relates to complaint contacts, local contact person requirement, and notification as it relates to alerting neighbors of a new application. Mayor Hill invited public comment. Speaking from the public were Patty Welsh, Arroyo Grande, expressed concern that noticing should be done prior to approval; Beatrice Spencer, Arroyo Grande, expressed concern about notifications after approval; Tom Wooldridge, Arroyo Grande, expressed concern with commercial uses entering into residential areas, notification after approval, and requested consideration of complaint based revocation of permits; Ed Fichtner, Arroyo Grande, expressed concern and referred to his letter sent to Council; Carolyn Johnson Friedman, Arroyo Grande, expressed concern regarding notification being sent after approval; Connie Mooney, Arroyo Grande, expressed concern regarding notification; Jeff Guiltnan, Arroyo Grande, spoke as an owner of a vacation rental and commented on his efforts to comply with regulations. Hearing no further comments, Mayor Hill closed the public comment period. Council comments ensued regarding the complaint process as it relates to revocation of permits, the appeal process, and reviewing the topic again in one year. No formal action was taken. The status report was received and filed. 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 Sanitation 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) Item 8.b. - Page 5 Minutes: City Council Regular Meeting Page 6 Tuesday, August 25, 2015 (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/RTA) (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) Mayor Hill invited additional public comment. Speaking from the public was Beatrice Spencer, Arroyo Grande, who stated that she was advised by text message that there are 368 Air B&B units in Arroyo Grande and that the numbers are based on zip code. Hearing no further comments, Mayor Hill closed the public comment period. 13. COUNCIL COMMUNICATIONS: Mayor Pro Tem Barneich commented that there are only 10 to 12 permitted Air B&B’s within the Arroyo Grande City limits. Council Member Brown requested a temporary building moratorium be placed on a future agenda. Council Member Harmon congratulated Talley Vineyards for being recognized as one of the best wineries in 2015; also stated she participated in the Central Coast Classique bike ride, commented on the request for a crosswalk on Oak Park Boulevard and asked City Manager Thompson to look into the issue. Council Member Guthrie requested to place on a future agenda the issue of how the City arrives at charges for the Sanitation District and Five Cities Fire Authority. Action: Council Member Guthrie moved to direct staff to bring back at a future meeting or in a memorandum how the City arrives at charges to the Five Cities Fire Authority and the South San Luis Obispo County Sanitation District for billing. Council Member Brown seconded, and the motion passed unanimously by voice vote. Mayor Hill stated that the Sanitation District Board started their meeting with the Finance Managers of all jurisdictions to work out an understanding of how the charges are being billed. Item 8.b. - Page 6 Minutes: City Council Regular Meeting Page 7 Tuesday, August 25, 2015 Council Member Harmon stated the JPA for the Five Cities Fire Authority will also be setting up a meeting with the JPA Executive Committee. Council Member Guthrie mentioned that the Council might want to consider having a booth at the Harvest Festival with information on the issues going on in the City. Action: Council Member Brown moved to place for discussion the issue regarding a temporary building moratorium on a future agenda. Mayor Hill seconded, and the motion passed unanimously by voice vote. Council Member Guthrie moved to direct staff to arrange for a City booth at the Harvest Festival. There was consensus of the Council to direct staff to plan a City booth at the Harvest Festival. 14. STAFF COMMUNICATIONS: City Manager Thompson reported on the success of a South County Water Symposium meeting held on August 13, 2015; and a multi-agency active shooter training exercise held in Grover Beach. 15. COMMUNITY COMMENTS AND SUGGESTIONS: Kevin McCarthy, Arroyo Grande, expressed concern with illegal fireworks and suggested more enforcement and education; and Aaron Henkel, Arroyo Grande, would like a proposal from Cal Fire for fire services. 16. CITY COUNCIL CLOSED SESSION: None. ADJOURNMENT Mayor Hill adjourned the meeting at 9:16 p.m. _______________________________ Jim Hill, Mayor ATTEST: ________________________________ Kitty Norton, Deputy City Clerk (Approved at CC Mtg _____________) Item 8.b. - Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.b. - Page 8