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Minutes 2015-11-24 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 24, 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 6:28 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. Staff Present: City Manager Dianne Thompson, City Attorney Heather Whitham, Deputy City Attorney David Hirsch, Deputy Clerk Debbie Weichinger, Director of Administrative Services Debbie Malicoat, Public Works Director Geoff English, Police Chief Steven Annibali, and Associate Planner Mathew Downing. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Hill led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements: November 10, 2015 Regular Meeting: - Conference With Real Property Negotiator pursuant to Government Code Section 54956.8: Property: 214 E. Branch Street, Arroyo Grande Agency Negotiator: Teresa McClish, Community Development Director Negotiating Party: Randy Steiger, Remax Del Oro Under Negotiation: Price and terms of lease City Attorney Whitham reported that the Council provided the City's negotiator with parameters for negotiating an extension of the lease. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Mayor Pro Tem Barneich seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS 6.a. Mayor's Commendation Presented to Scott and Carole Wetmore - Water Conservation Champions. Minutes: City Council Regular Meeting Page 2 Tuesday, November 24, 2015 Mayor Hill presented a Mayor's Commendation to Scott and Carole Wetmore for their commitment to water conservation by reducing their water usage by approximately 50% since 2012, saving about 54,000 gallons of water per year, and participating in the City's Cash for Grass and Plumbing Retrofit Programs. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an invocation; Aaron Henkel, read a letter submitting his resignation from the Traffic Commission; Speaker (declined to state name), expressed concerns about correspondence relating to the proposed Village Inn, and expressed concern that Mr. Henkel has resigned from a volunteer position; Pat Dempsey, commented on an article in the Cal Coast News regarding public records requests submitted to the City; Beatrice Spencer, also commented on the public records requests the City received, expressed concern about a previous meeting regarding John Mack, and commented on the petition that she circulated within Berry Gardens; and Brad Snook, representing Surfrider Foundation, commented on the Diablo Canyon Desalination Plan and the City's decision to join in with the County to participate in the dialog. 8. CITY MANAGER REPORT: City Manager Thompson provided a status report on recent projects and events including the City's new Geographic Information Systems (GIS) position and related tasks and projects that are underway; water conservation activities, including Water School which will be held on December 10th and December 12th; the 29th Annual Santa Cop Program, and upcoming Christmas events in the Village. 9. CONSENT AGENDA Council Member Brown requested Items 9.i. and 9.j. be pulled. Mayor Hill invited public comment on the remaining Consent Agenda items. April McLaughlin commented on the warrants and the limited description provided as it relates to public transparency. No further comments were received. In response to public comment, Council Member Brown stated that was a good suggestion and suggested more detail be provided on the reports in the future. Director of Administrative Services Malicoat stated the City is implementing new software called OpenGov at the beginning of next year that will be available to the public providing more detail on the City's payments. Action: Mayor Pro Tem Barneich moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 9.a. through 9.h., with the exception of Items 9.i., and 9.j, with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Brown, Harmon, Guthrie, Hill NOES: None - ABSENT: None Minutes: City Council Regular Meeting Page 3 Tuesday, November 24, 2015 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 1, 2015 through November 15, 2015. 9.b. Consideration of Compensation Adjustments for Part-Time Employees. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING COMPENSATION ADJUSTMENTS FOR PART-TIME EMPLOYEES". 9.c. Consideration of a Resolution Approving a Side Letter of Agreement Modifying the FY 2014/15 through FY 2016/17 Memorandum of Understanding with the Service Employees International Union, Local 620. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SIDE LETTER OF AGREEMENT MODIFYING THE FY 2014/15 THROUGH FY 2016/17 MEMORANDUM OF UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 620". 9.d. Consideration of a Resolution Adopting an Amendment to the Full Flex Cafeteria Plan Section 125 to Update the Cafeteria Plan Rates for 2016. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AN AMENDMENT TO THE FULL FLEX CAFETERIA PLAN SECTION 125 TO UPDATE THE CAFETERIA PLAN RATES FOR 2016". 9.e. Consideration of Cancellation of December 22, 2015 City Council Meeting. Action: Cancelled the regularly scheduled Council meeting of December 22, 2015 due to the holiday. 9.f. Consideration of Acceptance of the 2015 Sewer Lining Project, PW 2015-04. Action: 1) Accepted the project improvements as constructed by Insituform Technologies, Inc. in accordance with the plans and specifications for the 2015 Sewer Lining Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five days after the Notice of Completion has been recorded, if no liens have been filed. 9.g. Consideration of Acceptance of the Platino Lane and Oro Drive Intersection Drainage Improvements Project, PW 2015-08. Action: 1) Accepted the project improvements as constructed by JG Contracting Corporation in accordance with the plans and specifications for the Platino Lane and Oro Drive Intersection Drainage Improvement Project; 2) Appropriated $2,446 of Sales Tax funds from 2015 Citywide Summer Concrete Repair project cost savings; 3) Directed staff to file a Notice of Completion; and 4) Authorized release of the retention, thirty-five days after the Notice of Completion has been recorded, if no liens have been filed. 9.h. Monthly Water Supply and Demand Update. Action: Received and reviewed the monthly Water Supply and Demand Update Report. ITEMS PULLED FROM THE CONSENT AGENDA 9.i. Consideration of Acceptance of the Corporation Yard Administration Building Project, PW 2013-12. Minutes: City Council Regular Meeting Page 4 Tuesday, November 24, 2015 Recommended Action: 1) Accept the project improvements as constructed by Pickard & Butters Construction, Inc. in accordance with the plans and specifications for the Corporation Yard Administration Building Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention to North American Specialty Surety. In response to comments by Council Member Brown regarding the project coming in under budget, Public Works Director English confirmed that the project did come in under budget. Action: Council Member Brown moved to: 1) Accept the project improvements as constructed by Pickard & Butters Construction, Inc. in accordance with the plans and specifications for the Corporation Yard Administration Building Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention to North American Specialty Surety. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Brown, Guthrie, Harmon, Barneich, Hill NOES: None ABSENT: None 9.j. Consideration of Lease with ReMax Del Oro for the Existing City Hall Building at 214 E. Branch Street. Recommended Action: Approve a lease with ReMax Del Oro for the existing City Hall building at 214 E. Branch Street. City Manager Thompson introduced the item and Community Development Director McClish presented the staff report. Mayor Hill invited public comment. Hearing none, Mayor Hill closed the public comment period. Council Members Brown and Guthrie explained their opposition to the terms of the lease and that an outside survey should have been done to find the reasonable value. Action: Mayor Pro Tern Barneich moved to approve a lease with ReMax Del Oro for the existing City Hall building at 214 E. Branch Street. Council Member Harmon seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Harmon, Hill NOES: Guthrie, Brown ABSENT: None 10. PUBLIC HEARINGS 10.a. Consideration of Lot Merger No. 15-002; Conditional Use Permit No. 15-006; and Mitigated Negative Declaration; Construction of an Approximately 45,000 Square-Foot, Three Story Medical Office Building; Location — Northwest Minutes: City Council Regular Meeting Page 5 Tuesday, November 24, 2015 Corner of Fair Oaks Avenue and Woodland Drive; Applicant — Triple P, LLC; Representative—Studio Design Group. Community Development Director McClish introduced the item and Associate Planner Downing presented the report and stated the Planning Commission recommended that the City Council: 1) Adopt a Resolution adopting the Mitigated Negative Declaration and approving the project; and 2) Direct staff to maintain the gate closure on Woodland Drive. Council questions ensued regarding parking, ingress and egress, topography, storm water retention, lighting at night, continuation of the pedestrian/bike pathway, opening the gate on Woodland Drive, tree mitigation, employee showers, overlay zone, height of the building, and driveway location. Nate Stong, Omni-Means, commented on "keep clear" striping. Brian Starr, SDG Architects, provided an overview and responded to questions from Council regarding height of the building, retaining wall, driveway location, on and off site parking, night lighting, pedestrian connection, trash and recycling, electric vehicle stations, double check valve, and addressed employee shower issues. Russ Garrison, Bethel Engineering, talked about the finished floor. Ken Dalebout, Hospital Administrator, Arroyo Grande Community Hospital, addressed Council questions and concerns. Mayor Hill opened the public hearing. Speaking from the public were Terry Fibich, representing the Community Board of Hospitals, in support of the project; Aaron Henkel, expressed concern with the ingress and egress, the Migratory Bird Act, height of the building, traffic circulation, sidewalks, and opposed opening the gate; Speaker (declined to state name), commented on the height of the building, night lighting, and stated two dumpsters are not enough for the facility; Jeanie Downer, Creekview Court, expressed concern with driveway access and parking; Speaker (declined to state name), expressed concern with parking; Beatrice Spencer, expressed concern with parking and traffic; Gloria Telecky, expressed concern with additional traffic; Colleen Martin, expressed concern with trees, and height of the building; Dennis Harsh, Woodland Drive, expressed concern with parking; Ken Dalebout, addressed the issue of employees and spoke regarding the parking; Jerry Carrasco, expressed concern with height of the building, parking, driveway access, noise and stated pedestrian connectivity should be kept; Speaker(declined to state name), commented on parking issues and height of the building; Matt Walker, expressed concern with the project, height of the building, and traffic issues. Hearing no further comments, Mayor Hill closed the public hearing. Council comments ensued regarding parking, setbacks, height of the building, the entrance on • Fair Oaks Avenue, traffic, the architecture, the trees helping and not wanting to see trees scaled back, the gate being kept closed, parking problems need to be addressed, support for building size, support for eliminating showers, .circulation issues needing to be addressed before opening the gate, not seeing a need for driveways to align up, the proposed driveway on Fair • Minutes: City Council Regular Meeting Page 6 Tuesday, November 24, 2015 Oaks does not work, support for the trees, would like to see the building lowered as much as possible, and would like to see the final design before approving. Action: Council Member Guthrie moved to continue the public hearing to a date certain of January 12, 2015 to study the Fair Oaks entrance and impact on the traffic study and flush out how interoperation with the hospital will impact parking. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Brown, Harmon, Hill NOES: None ABSENT: None Mayor Hill called for a break at 10:24 pm. The Council reconvened at 10:31 pm. 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a. Consideration of Development of an Ordinance Relating to Medical Marijuana. Due to the late hour, Mayor Hill invited public comment from those who wished to comment on the item before leaving. Speaking from the public were Lynn Titus, Arroyo Grande, expressing concerns with neighbors who are growing medical marijuana and spoke in support of a ban on the growing of medical marijuana; Danna Weidner, Stillwell Drive, summarized the feelings of the Cherry Creek HOA and expressed concerns about a neighbor who is growing medical marijuana. Community Development Director McClish presented the staff report and recommended that the Council provide direction regarding the development of a medical marijuana ordinance. Deputy City Attorney Hirsch and Police Chief Annibali responded to questions from Council regarding enforcement, tenant/landloard issues and laws, and providing public education. 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. Action: Mayor Hill moved to continue the meeting past 11:00 p.m., Council Member Brown seconded, and the motion passed unanimously by voice vote. Council questions ensued regarding the process of removing a grow at a residence; and the difference between a collective and a cooperative. Mayor Hill invited public comment. Speaking from the public were Speaker (declined to state name), who showed pictures of a neighbor growing medical marijuana, and expressed concerns with the use of water, fans, and lights, and spoke in support of an Ordinance banning the use of Minutes: City Council Regular Meeting Page 7 Tuesday, November 24, 2015 medical, marijuana; Beatrice Spencer, spoke in support of a ban; Leonard Lenger, Arroyo Grande, requested that marijuana be regulated rather than prohibited; Mayor Pro Terri Barneich read, a letter submitted by Caren Ray which suggested a modified approach by banning excessive noise, lights, etc. Action: Council Member Harmon moved to direct staff to prepare an Ordinance that cultivation delivery and all commercial medical marijuana use are prohibited in the City. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Guthrie, Barneich, Hill NOES: Brown • ABSENT:- None 13. CITY COUNCIL REPORTS This item was postponed to the next meeting due to the late hour. 14. COUNCIL COMMUNICATIONS This item was postponed to the next meeting due to the late hour. _ 15. CLOSED SESSION None. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 11:30 p.m. J m Hill, Mayor ATTEST: D L Debbie Weichinger, De Wuty Clerk (Approved at CC Mtg 000-L904)