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Minutes 2015-10-27 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 27, 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: 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 Steve Lieberman, and Associate Planner Matt Downing. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Cub Scout Pack 13 and the Arroyo Grande Valley Kiwanis Club led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 5.b. Ordinances Read in Title Only. Mayor Pro Tern Barneich 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 Mayor Hill invited public comment. Speaking from the public were John Keen, Arroyo Grande, expressed gratitude to the 5 Cities Men's Club for the work done on the Paulding Wall and thanked staff as well; and Shirley Gibson, Halcyon, also expressed thanks to the 5 Cities Men's Club and Council for the work done on the Paulding Wall. 6.a. Presentation to 5 Cities Men's Club Relating to the Paulding Wall Rehabilitation Project. . Mayor Hill presented a plaque to Alan Buck and members of the 5 Cities Men's Club for the Paulding Wall Rehabilitation Project. 6.b. Mayor's Commendation Presented to Arroyo Grande Public Works Department—Water Minutes; City Council Regular Meeting Page 2 Tuesday, October 27, 2015 6.b. Mayor's Commendation Presented to Arroyo Grande Public Works Department — Water Conservation Champions. Mayor Hill presented a Mayor's Commendation to Ron Simpson, Landscape Supervisor, representing the Public Works Department, for reducing irrigation use in City parks and landscape areas by more than 46%, for a savings of 8.2 million gallons. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Sissy Pace, Arroyo Grande, who offered an invocation; Patty Welsh, Arroyo Grande, read a statement by Stew Jenkins expressing concerns with the accusations against Planning Commissioner John Mack and announced her resignation from the Parks and Recreation Commission; Cindy Jones, Arroyo Grande, expressed concern with the warning notice she received at it relates to water conservation; John Mack, Arroyo Grande, expressed concern with the accusations against him and submitted correspondence he received from the Fair Political Practices Commission ("FPPC"); April McLaughlin, Arroyo Grande, regarding the consideration of removal of John Mack from the Planning Commission; John Ziomek, expressed concern with the speed zone signs on Farroll Road; Julie Tacker, Los Osos, spoke regarding the FPPC complaint against John Mack and her request to cease and desist the City's policy regarding the requirement for speakers to state their name and address; Shirley Gibson, Halcyon, thanked the City for the Traffic Study as it relates to the Brisco Road ramp closure. 8. CONSENT AGENDA Council Member Harmon requested that Items 8.e. and 8.i. be pulled. City Manager Thompson explained that routine and noncontroversial items are placed on the Consent Agenda in order to expedite approval and avoid having a separate motion on each item. Mayor Hill invited public comment on the Consent Agenda items. Hearing no comments, Mayor Hill closed the public comment period. City Attorney Whitham read the full title of the Ordinance in Item 8.j. Action: Mayor Pro Tern Barneich moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.e. and 8.i., 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 October 1, 2015 through October 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 September 30, 2015, as required by Government Code Section 53646(b). • Minutes: City Council Regular Meeting Page 3 Tuesday, October 27, 2015 8.c. Consideration of a Resolution Fixing the 'Employer Contribution at an Equal Amount for Employees and Annuitants Under the Public Employees' Medical and Hospital Care Act with Respect to the Unrepresented Members' Group. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF • THE CITY OF ARROYO GRANDE FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE UNREPRESENTED MEMBERS' GROUP". 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 22, 2015 and Special City Council Meeting of October 8, 2015, as submitted. 8.f. Monthly Water Supply and Demand Update. Action: Received and reviewed the monthly Water Supply and Demand Update Report. 8.g. Consideration of Proposed Agreement for Cross Connection Inspection Services. Action: Approved the Agreement for Cross Connection Inspection Services with the County of San Luis Obispo. 8.h. *Consideration of Temporary Use Permit Case No. 15-019; Authorizing "Halloween in the Village" on Saturday, October 31, 2015 and Directing Staff to Implement Related Safety Measures Including No Parking Zones, Street Closures and Warning Devices. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 15-019 AUTHORIZING "HALLOWEEN IN THE VILLAGE" ON SATURDAY, OCTOBER 31, 2015 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES". 8.j. Consideration of Adoption of an Ordinance Approving Development Agreement 15-002 for Development of Property Located at the Southwest Corner of East Grand Avenue and Court land Street; Applicant— NKT Commercial; Representative — RRM Design Group. Action: Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT AGREEMENT 15- 002 FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET". ITEMS PULLED FROM CONSENT AGENDA 8.e. Consideration of Council Appointment to the Parks and Recreation Commission. Recommended Action: Approve the recommendation of Mayor Hill to appoint Will Reichardt to the Parks and Recreation Commission. Council Member Harmon expressed her support for the appointment of Will Reichardt to the Parks and Recreation Commission. Mayor Hill invited public comment. No further comments were received. Action: Mayor Pro Tem Barneich moved to approve the recommendation of Mayor Hill to appoint Will Reichardt to the Parks and Recreation Commission. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: Minutes: City Council Regular Meeting Page 4 Tuesday, October 27, 2015 AYES: Barneich, Guthrie, Brown, Harmon, Hill NOES: None ABSENT: None 8.i. Consideration of Amendments to Consultant Services Agreements with Wood Rodgers and Point C for the Brisco Interchange Project; Status Report on Brisco On and Off-Ramp Closure at Brisco Road and US 101; and Consideration of Modification to the Test Closure Opening Date. Recommended Action: 1) Authorize the City Manager to execute an amendment to the agreement with Wood Rodgers for continued design services for the Brisco Interchange Project for a cost not to exceed $165,000 and term extension to December 31, 2016; 2) Authorize the City.Manager to execute an amendment to the agreement with Point C for continued consultant services for the Brisco Interchange Project for a cost not to exceed $35,000 and term extension of December 31, 2015; 3) Direct staff to prepare a Caltrans permit modification to terminate the Brisco Ramp Test closure on January 11, 2016; and 4) Reallocate $200,Q00 from the construction phase of the project. Staff responded to questions and comments from Council regarding traffic counts and striping and also clarified reasons for reallocation of funds and extension of reopening date of the ramps. Mayor Hill invited public comment. Speaking from the public were Patty Welsh, supported closure of ramps and expressed concern with the cost of the alternatives; Alicia Lara, Rodeo Drive, opposed Option 4c and expressed concern with reallocation of funds. No further public comments were received. Action: Council Member Harmon moved to: 1) Authorize the City Manager to execute an amendment to the agreement with Wood Rodgers for continued design services for the Brisco Interchange Project for a cost not to exceed $165,000 and term extension to December 31, 2016; 2) Authorize the City Manager to execute an amendment to the agreement with Point C for continued consultant services for the Brisco Interchange Project for a cost not to exceed $35,000 and term extension of December 31, 2016; 3) Direct staff to prepare a Caltrans permit modification to terminate the Brisco Ramp Test closure on January 11, 2016; and 4) Reallocate $200,000 from the construction phase of the project. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Barneich, Brown, Guthrie, Hill NOES: None ABSENT: None 9. PUBLIC HEARINGS None. 10. OLD BUSINESS None. Minutes: City Council Regular Meeting Page 5 Tuesday, October 27, 2015 11. NEW BUSINESS 11.a. Consideration of Alternatives to Address Drought Conditions. City Manager Thompson introduced the item and Community Development Director McClish and Administrative Services Director Debbie Malicoat presented the staff report and recommended that the Council consider alternatives to address drought conditions and provide direction to staff. Mayor Hill invited public comment. Speaking from the public were Patty Welsh, Arroyo Grande, suggested developers be required to build basins and concerned there is not any water to be purchased; Julie Tacker, spoke of water problems in Los Osos, issues with sea water intrusion, and water can be saved without cutting short services; Leann Akins, Arroyo Grande, concerned with lack of water and groundwater pumping by surrounding cities; John Mack, supported a geologist to provide information on how much groundwater the City uses; and expressed concern with commercial users not being regulated. No further public comments were received. Brief Council comments ensued regarding staff being proactive and monitoring water consumption; the use of water being pumped by neighboring cities and to bring back an update in April. No formal action was taken. The report was received and filed. Mayor Hill called for a break at 8:45 p.m. The Council reconvened at 8:50 p.m. 11.b. Consideration of Parks Infrastructure Assessment Report and Parks Asset Replacement Schedule and Kingo Park Playground Structure Replacement. Public Works Director English presented the staff report and recommended that the Council: 1) Receive and provide comments and direction on the draft Parks Infrastructure Assessment Report and Replacement Schedule; and 2) Allocate $25,000 from the Local Sales Tax fund for the replacement of the Kingo Park playground structure. Mayor Hill invited public comment. Speaking from the public was LeAnn Akins, who suggested use of creative ways to provide repairs to City parks. No further public comments were received. Action: Council Member Harmon moved to: 1) Receive and file the draft Parks Infrastructure Assessment Report and Replacement Schedule; and 2) Allocate $25,000 from the Local Sales Tax fund for the replacement of the Kingo Park playground structure. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Brown, Guthrie, Barneich, Hill NOES: None ABSENT: None Minutes: City Council Regular Meeting Page 6 Tuesday, October 27, 2015 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) (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 Julie Tacker, who expressed her concern with the South San Luis Obispo County Sanitation District and requested Council send a letter to the Board to consider a settlement of the existing litigation. No further public comments were received. 13. COUNCIL COMMUNICATIONS: Council Member Harmon stated she would like to give support to the Mayor and push for a _ settlement of the litigation involving the South San Luis Obispo County Sanitation District. Council Member Brown expressed his support. Mayor Pro Tern Barneich reminded all that October 31, 2015 is Halloween in the Village. Mayor Hill requested to place on a future agenda the Policy/Procedure for Conducting City Council Business; stated Mr. Mack received his letter from the FPPC; and urged the citizens to be careful during Halloween in the Village. r ' Minutes: City Council Regular Meeting Page 7 Tuesday, October 27, 2015 Action: There was unanimous consensus of the Council to direct staff to bring back to a future meeting the Policy/Procedure for Conducting City Council Business. 14. STAFF COMMUNICATIONS: City Manager Thompson provided a status report on City events and projects including a recent sewer main project; water conservation billing; Cash for Grass program, which is suspended for the balance of this year; and the planting of 12 new trees by the Tree Guild. 15. COMMUNITY COMMENTS AND SUGGESTIONS: LeAnn Akins, Arroyo Grande, spoke regarding assets in the community as they relate to volunteers in the City and ways to get more community involvement. 16. CITY COUNCIL CLOSED SESSION: At 10:33 p.m., City Attorney Whitham announced the City Council would adjourn to closed session to consider the following item: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Designated Representative: Dianne Thompson, City Manager Employee Organization: Service Employees International Union, Local 620 Adjourned to Closed Session. 17. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open session at 11:10 p.m. City Attorney Whitham reported that the Council unanimously provided its Labor Negotiator with direction regarding requests made by the Service Employees International Union. ADJOURNMENT Mayor Hill adjourned the meeting t 11:11 p.m. Ji Hill, Mayor • EST: ‘..7.27a) Kitty Nort'•. , Deputy City Clerk (Approved at CC Mtg 7—csie:/ )