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Minutes 2015-12-08 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 8, 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, Mayor Pro Tern Kristen Barneich and Mayor Jim Hill were present. Council Member Barbara Harmon was absent. 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 Recreation Services John Rogers, Public Works Director Geoff English, and Police Chief Steven Annibali. 3. MOMENT OF REFLECTION . 4. FLAG SALUTE Police Chief Steven Annibali led the Flag Salute. Mayor Hill stated he would like to take the next item out of order, to consider Item 6, Special Presentations. 6. SPECIAL PRESENTATIONS 6.a. Introduction and Oath of Office— Police Officers Reggie Bio and Matthew Ready. Police Chief Annibali introduced new Police Officers Reggie Bio and Matthew Ready and highlighted their educational and professional backgrounds. City Clerk Wetmore then administered the Oath of Office of Officers Bio and Ready. 5. AGENDA REVIEW 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. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who provided an invocation and invited the public to the Rotary Club's movie night, Miracle on 34th Street, on December 12th at the Fair Oaks Theatre; Martin Melts, Homeless Advocate, provided a copy of Government Code Section 8698 et seq and expressed concern about upcoming bad weather as Minutes: City Council Regular Meeting Page 2 Tuesday, December 8, 2015 it relates to the safety of the homeless population; Michael Mondello, commented on PG&E's installation of LED streetlights and expressed concern with excessive street lighting and light • pollution; Speaker (declined to state name), expressed concern with the brightness of LED street lights; commented on communications with the City via email, expressed concern about not receiving responses from certain Council Members, and unsuccessful efforts to schedule a meeting with the City Manager; Otis Page, referred to a letter published in Cal Coast News regarding appearances and suggested the Council apologize to John Mack and expressed concerns about appearances of conspiracy with developers; Pat Ford, Food Bank volunteer, commented on the homeless population and spoke about the need for shelter during the winter months and the need to provide a sanctuary to house the homeless. Mayor Hill commented that there is a group working toward providing a shelter in Arroyo Grande this coming winter and they are currently looking for a suitable location. Pat Dempsey, commented on the ramps at the Brisco interchange stating that traffic is moving smoothly, he sees no reason to reopen the ramps, favored moving forward with the plan that closes the ramps, and expressed concern that it takes three votes to put an item on the agenda; Alexi Conhu, representing Civic Spark, a program hosted by SLO County Air Pollution Control District, stated Civic Spark will be working with the County to implement its Climate Action Plan; Ron Holt, expressed concern with public resources being wasted in trying to regulate medical marijuana usage and growth; Shannon Dempsey, commented on the traffic flow through the Brisco interchange and favored keeping the ramps closed permanently; John Mack, commented on the traffic flow through the Brisco interchange and favored keeping the ramps closed, and stated he has been waiting on a request to meet with the City Manager; Beatrice Spencer, expressed concern that the taxpayers have paid over 3 million dollars to study options for the Brisco Interchange, stated that the traffic is flowing smoothly since the ramps have been closed, and stated that the closure should be extended past January until a permanent solution is found; and Shirley Gibson, Halcyon, commented that she attends many Council and other government meetings and expressed concern with the public's negative behavior at the meetings and stated she would like to see this issue addressed in order to retain a small town congenial community. No further public comments were received. 8. CITY MANAGER REPORT: City Manager Thompson provided a status report on items recently considered by the Traffic Commission, Planning Commission, and Architectural Review Committee; the PG&E retrofit project; provided an update on Dog Park maintenance and operations; reported on thefts from cars in the Village; reported on a tour of the Hothouse in San Luis Obispo and that the City will be hosting a workshop early next year; and commented on the Elegant Evening in the Village event. Mayor Hill referred to the recent notice regarding Tract Map approval and requested a copy of the Tract Map be provided to the Council in the future along with the notice. 9. CONSENT AGENDA Mayor Hill commented on Items 9.a. and 9.c. regarding Point C expenditures and the related contract extension through December 31, 2016 and requested staff check for accuracy on the expenditures. Minutes: City Council Regular Meeting Page 3 Tuesday, December 8, 2015 Mayor Hill invited public comment on the Consent Agenda. No comments were received. Action: Mayor Pro Tern Barneich moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 9.a. through 9.g., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Brown, Hill NOES: None ABSENT: Harmon 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 16, 2015 through November 30, 2015. 9.b. Consideration of a Resolution Amending the Title and Job Description of the Capital Projects Engineer Position. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE TITLE AND JOB DESCRIPTION OF THE CAPITAL PROJECTS ENGINEER POSITION". 9.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular Meetings of October 27, 2015, and November 10, 2015 as submitted. 9.d. Consideration of Acceptance of the 2015 Street Surface Repairs and Brisco Road Asphalt Overlay: El Camino Real to West Branch Street Project, PW 2015-06. Action: 1) Approved additional expenses in the amount of $29,685 for additional work on the 2015 Street Repair project; 2) Accepted the project improvements as constructed by R. Burke Corporation in accordance with the plans and specifications for the 2015 Street Surface Repairs and Brisco Road Asphalt Overlay project; 3) Directed staff to file a Notice of Completion; and 4) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 9.e. Consideration of an Award of Contract to Main Line Engineering for Construction of the Sewer Lift Station No. 1 Pipe Repair Project, PW 2015-12. Action: 1) Awarded a contract for the Sewer Lift Station No. 1 Pipe Repair project to Main Line Engineering in the amount of $47,500; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $4,750 for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. 9.f. Consideration of Approval for a Two-Year Agreement with Two One-Year Extensions with Venco Power Sweeping, Inc. to Provide Street Sweeping Services. Action: Approved a two-year agreement with the option to extend the agreement for an additional two years, with Venco Power Sweeping, Inc. with the reduction of arterial and collector sweeping to twice monthly and authorize the Mayor to execute the agreement. 9.g. Consideration of Agreement to Exercise Option to Extend Lease for Gina's Restaurant Outdoor Dining Area. Action: Approved and authorized the Mayor to execute the Agreement to exercise option to extend lease for Gina's Restaurant outdoor dining area. Minutes: City Council Regular Meeting Page 4 Tuesday, December 8, 2015 10. PUBLIC HEARINGS 10.a. Consideration of Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2016. Associate Planner Heffernon presented the staff report and recommended that the Council provide preliminary approval of proposed projects to be funded with the City's allocation of CDBG funds for the Year 2016. Staff responded to questions from Council. Mayor Hill opened the public hearing. Hearing no public comment, Mayor Hill closed the public hearing. Action: Mayor Pro Tern Barneich moved to provide preliminary approval of proposed projects to be funded with the City's allocation of CDBG funds for the Year 2016. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Brown, Guthrie, Hill NOES: None ABSENT: Harmon 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a. Consideration of an Ordinance Amending Chapter 16.84 of the Arroyo Grande Municipal Code Regarding Water Efficient Landscape Requirements and Adopting by Reference the Model Water Efficient Landscape Ordinance of the State of California and Mandatory Plumbing for Greywater Reuse for New Residential and Mixed-Use Development; Development Code Amendment Case No. 15-002; Location —Citywide; Applicant—City of Arroyo Grande. Community Development Director McClish introduced the item and Associate Planner Heffernon presented the staff report and recommended that the City Council: 1) Introduce an Ordinance amending Chapter 16.84 of the Arroyo Grande Municipal Code adopting by reference the Model Water Efficient Landscape Ordinance of the State of California as contained in the California Code of Regulations, Title 23, Waters, Division 2.7, Model Water Efficient Landscape Ordinance, Sections 490 et.seq., including mandatory plumbing for greywater reuse capabilities for new residential and mixed-use development; and 2) Schedule January 12, 2016 as the date for a public hearing to adopt the Ordinance pursuant to Government Code Section 50022.3. Staff responded to questions from Council. Mayor Hill invited public comment. Speaking from the public was Pat Dempsey, who asked why other cities were not adopting this ordinance and suggested the cities in the County could work together on developing an ordinance. No further public comments were received. Council comments ensued in support of adopting by reference the State's Model Water Efficient Landscape Ordinance; however, concerns were expressed regarding the provisions to mandate Minutes: City Council Regular Meeting Page 5 Tuesday, December 8, 2015 plumbing for greywater reuse for new residential and mixed-use development, as well as the additional reporting requirements. Action: Mayor Hill moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS CONTAINED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 23 WATERS, DIVISION 2, DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ., INCLUDING MANDATORY PLUMBING FOR GREYWATER REUSE CAPABILITIES FOR NEW RESIDENTIAL AND MIXED-USE DEVELOPMENT" excepting therefrom the reporting requirements, in addition to the initial report of adoption that is required to be sent to the State. The motion failed due to lack of a second. Action: Mayor Pro Tern Barneich moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS CONTAINED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 23 WATERS, DIVISION 2, DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ., INCLUDING MANDATORY PLUMBING FOR GREYWATER REUSE CAPABILITIES FOR NEW RESIDENTIAL AND MIXED-USE DEVELOPMENT". The motion failed due to the lack of a second. In response to a request by Council Member Guthrie for clarification regarding elimination of Section 16.84.020 regarding greywater applications from the proposed Ordinance, City Attorney Whitham referred to the proposed Ordinance and stated that Section 16.84.020 (Greywater Applications) would be completely eliminated; in the Ordinance title the words "including mandatory plumbing for greywater reuse capabilities for new residential and mixed-use development' would be deleted; in the Whereas recitals, 1, 2 3, and 4 would be kept, and 5, 6, and 7 would be deleted relating to greywater; and in the last Whereas recital; the last sentence would be modified to delete the words "including mandatory plumbing provisions for greywater reuse capabilities for new residential and mixed-use development'. Action: Council Member Guthrie moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS CONTAINED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 23 WATERS, DIVISION 2, DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT Minutes: City Council Regular Meeting Page 6 Tuesday, December 8, 2015 LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ.," eliminating the Whereas recitals as indicated by the City Attorney and eliminating specifically Section 16.84.020 (Greywater Applications); and to schedule January 12, 2016 as the date for a public hearing to adopt the Ordinance pursuant to Government Code Section 50022.3. Council Member Brown seconded the motion. Following final comments, the motion passed on the following roll-call vote: AYES: Guthrie, Brown, Barneich NOES: Hill ABSENT: Harmon Council Member Guthrie requested that staff specify the minimum reporting requirements in the next staff report coming back on January 12th 12.b. Consideration of Selection of Mayor Pro Tern. City Manager Thompson presented the staff report and recommended that the Council appoint Council Member Harmon as the Mayor Pro Tem for the next one-year period, pursuant to Council policy. Mayor Hill invited public comment. No public comments were received. Action: Mayor Hill moved to appoint Council Member Harmon as Mayor Pro Tem for the next one-year period. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Hill, Brown, Guthrie, Barneich NOES: None ABSENT: Harmon 13. 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) Minutes: City Council Regular Meeting Page 7 Tuesday, December 8, 2015 (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) 14. COUNCIL COMMUNICATIONS Council Member Brown expressed concern about previous public comment received about needing three votes to get something on the agenda, commented that the Council should revisit the issue; the Council is elected at large and minority opinions are as important as majority opinions; that there has been a change in the last year in how staff determines what goes on the agenda; that the Mayor should be able to request an item be placed on the agenda; and requested that the Council have this policy item put on a future agenda for discussion. He also commented on the previous gentlemen's agreement for placing items on the agenda. Council Member Guthrie commented that he agreed that clarification is needed and stated that he would like to.expand that discussion to include a policy on when it is appropriate for the Council to consider items that relate to issues outside of the City's jurisdiction and he would like clarification on the rights and responsibilities of the Mayor. He further commented on the previous gentlemen's agreement and how the current policy was established. Mayor Pro Tern Barneich commented on the previous gentlemen's agreement and spoke in support of the current policy for Council Members requesting approval under Council Communications to add an item to the agenda. City Attorney Whitham asked if there was consensus of the Council to direct staff to bring an item back on a future agenda to discuss Council policies and potential modifications to those policies. The Council unanimously concurred. Mayor Hill expressed concern about the response he got from the City Manager and staff regarding placing an item on this agenda for something as critically important to the City as the Brisco/Halycon discussion. Council Member Brown moved to put the Brisco/Halcyon closure on the next January agenda for discussion. City Manager Thompson stated that this item is already scheduled to be on the January 12th agenda. Mayor Hill moved that he would also like the City Council to review parking standards for new development. He expressed concerns about approving any more projects in the City before reviewing the City's existing parking standards. He referred to a number of developments throughout the City that have inadequate parking and stated they were a planning disaster. Council Member Brown seconded the motion. Council Member Guthrie and Mayor Pro Tern Barneich opposed, and the motion failed. Minutes: City Council Regular Meeting Page 8 Tuesday, December 8, 2015 Following further discussion and clarification between Council and legal counsel, Council Member Guthrie moved to direct staff to expedite the parking process through the Planning Commission for recommendation to the Council. Council Member Brown seconded, and the Council concurred unanimously. Mayor Hill commented on the perception of some members in the community of favoritism in the City's process for reviewing developments and referred to a letter from a developer that was distributed by.the Chamber of Commerce that indicated that a member of City staff that is in charge with regulation of development in the City was perhaps a partner proponent of the development, which concerned him. Mayor Pro Tem Barneich commented that if there were any questions regarding the project to contact the City staff member and it was not a statement in support of the project. 15. CLOSED SESSION: None. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 8:29 p.m. im Hill, Mayor ATTEST: 41 i I it Kelly etm/ e, City Clerk • (Approved at CC Mtg 01/l z/2ol(a )