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CC 2016-11-22_09b Approval of MinutesACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, OCTOBER 25, 2016 CITY HALL UPSTAIRS CONFERENCE ROOM, 300 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the Special City Council/Successor Agency Meeting to order at 4:30 p.m. 2. ROLL CALL Council Members Kristen Barneich and Jim Guthrie, Mayor Pro Tem Barbara Harmon, and Mayor Jim Hill were present. Council Member Tim Brown was absent. Interim City Manager Bob McFall, City Attorney Heather Whitham, and Director of Legislative and Information Services/City Clerk Kelly Wetmore were also present. 3. FLAG SALUTE Mayor Hill led the flag salute. 4. PUBLIC COMMENT None. 5. CITY COUNCIL CLOSED SESSION At 4:35 p.m., City Attorney Whitham announced the City Council would adjourn to closed session to consider the following items: SUCCESSOR AGENCY: a) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real Agency Negotiators: Debbie Malicoat, Finance Officer; Marty Indvik, Lee & Associates Negotiating Parties: Pacifica Investments, LLC; and Parimal Naran Under Negotiation: Price and terms of payment for sale of property CITY COUNCIL: b) Conference with Legal Counsel - Existing Litigation pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9: Name of Case: Pacific Gas and Electric Company Application 16-08-006 for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, and Recovery of Associated Costs Through Proposed Ratemaking Mechanisms before the California Public Utilities Commission- Protest of the City of San Luis Obispo, City of Pismo Beach, City of Paso Robles, City of Arroyo Grande, City of Morro Bay, and City of Atascadero Mayor Hill announced that he would recuse himself for Item 5.b. due to a conflict of interest relating to his employer. Adjourned to closed session. Item 9.b. - Page 1 Minutes of City Council/Successor Agency Special Meeting October 25, 2016 Page 2     6. RECONVENE TO OPEN SESSION: The City Council/Successor Agency reconvened at 5:40 p.m. City Attorney Whitham announced that with regard to the first closed session item, the Successor Agency provided direction to its agency negotiator regarding the potential sale of the property. City Attorney Whitham stated that with regard to the second closed session item, the City Council provided direction to its legal counsel regarding the proceedings before the California Public Utilities Commission. 7. ADJOURNMENT The Special Meeting was adjourned at 5:45 p.m. ____________________________ Jim Hill, Mayor ATTEST: ____________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg __________) Item 9.b. - Page 2 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 25, 2016 ARROYO GRANDE WOMAN’S CLUB AND COMMUNITY CENTER, 211 VERNON STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:01 p.m. 2. ROLL CALL City Council Council Members Kristen Barneich and Jim Guthrie, Mayor Pro Tem Barbara Harmon and Mayor Jim Hill were present. Council Member Tim Brown was absent. Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, and Public Works Director Geoff English. 3. MOMENT OF REFLECTION 4. FLAG SALUTE David Tennant, representing Arroyo Grande Rotary Club, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. October 25, 2016 Special Meeting: Successor Agency: a) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real Agency Negotiators: Debbie Malicoat, Finance Officer; Marty Indvik, Lee & Associates Negotiating Parties: Pacifica Investments, LLC; and Parimal Naran Under Negotiation: Price and terms of payment for sale of property City Attorney Whitham announced that the Successor Agency met in closed session and provided direction to its agency negotiator regarding the potential sale of the property. City Council: b) Conference With Legal Counsel- Existing Litigation pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9: Name of Case: Pacific Gas and Electric Company Application 16-08-006 for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, and Recovery of Associated Costs Through Proposed Ratemaking Mechanisms before the California Public Utilities Commission- Protest of the City of San Luis Obispo, City of Pismo Beach, City of Paso Robles, City of Arroyo Grande, City of Morro Bay, and City of Atascadero Item 9.b. - Page 3 Minutes: City Council Meeting Page 2 Tuesday, October 25, 2016 City Attorney Whitham announced that the City Council met in closed session and provided direction to its legal counsel regarding the proceedings before the California Public Utilities Commission. 5.b. Ordinances Read in Title Only. Council Member 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 None. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an invocation; Patty Welsh, expressed concern about the continuing drought and the time it is taking to implement a building moratorium and urged the Council to adopt a 150% water offset requirement; Andrea Seastrand, representing Central Coast Taxpayers Association, expressed concern about illegal electioneering that has been occurring in the County relating to Measure J; Pamela Denny, representing Bel Mer Developments (Tract 3054), referred to a letter sent to the City Council expressing concerns regarding the proposed building moratorium; and Patricia Price, expressed concern about water and supported a building moratorium. 8. INTERIM CITY MANAGER REPORT: Interim City Manager McFall provided an update of the tentative November 22nd City Council Agenda; announced that the traffic signal project at Oak Park Boulevard and West Branch Street has been completed; and announced the Arroyo Grande Halloween Carnival and Haunted Maze event to be held on Saturday, October 29th at Elm Street Park. 9. CONSENT AGENDA Mayor Hill invited public comments. No public comments were received. Action: Council Member Guthrie moved, and Council Member Barneich seconded the motion to approve Consent Agenda Items 9.a. through 9.e., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Guthrie, Barneich, Harmon, Hill NOES: None ABSENT: Brown 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 1, 2016 through October 15, 2016. 9.b. Consideration of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of August 31, 2016 and September 30, 2016, as required by Government Code Section 53646(b). 9.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of October 11, 2016, as submitted. Item 9.b. - Page 4 Minutes: City Council Meeting Page 3 Tuesday, October 25, 2016 9.d. Consideration of Cancellation of December 27, 2016 City Council Meeting. Action: Cancelled the regularly scheduled Council meeting of December 27, 2016 due to the holidays. 9.e. Consideration of Adoption of a Resolution Revising the Stage 1 Water Emergency Regulations to Increase Mandatory Conservation for Dedicated Irrigation Meters. Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING EXHIBIT A OF RESOLUTION 4659 RELATING TO REQUIRED REDUCTIONS FOR DEDICATED IRRIGATION METERS DURING THE DECLARED STAGE 1 WATER SHORTAGE EMERGENCY”. 10. PUBLIC HEARINGS 10.a. Consideration of Adoption of an Ordinance Amending Portions of Title 8 (Fire Code) and Title 15 (Building and Construction Codes) of the Arroyo Grande Municipal Code. Building Official Hurst presented the staff report and recommended that the City Council adopt an Ordinance amending portions of the Arroyo Grande Municipal Code Chapter 8.04 related to the adoption of the California Fire Code and the International Fire Code; and amending portions of Chapter 15.04 related to the adoption of California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Green Building Code, California Existing Building Code, California Energy Code, California Historical Building Code and the International Property Maintenance Code. Mayor Hill opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Mayor Pro Tem Harmon moved to adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF ARROYO GRANDE MUNICIPAL CODE CHAPTER 8.04 RELATED TO THE ADOPTION OF THE CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE; AND AMENDING PORTIONS OF CHAPTER 15.04 RELATED TO THE ADOPTION OF THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA GREEN BUILDING CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA HISTORICAL BUILDING CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE”. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Barneich, Guthrie, Hill NOES: None ABSENT: Brown 11. OLD BUSINESS 11.a. Adoption of an Ordinance Amending the California Public Employees’ Retirement System Contract for Local Police Members of the Arroyo Grande Police Officers’ Association. Item 9.b. - Page 5 Minutes: City Council Meeting Page 4 Tuesday, October 25, 2016 Interim City Manager McFall presented the staff report and recommended that the City Council adopt an Ordinance authorizing an amendment to the contract between the City and the Board of Administration of the California Public Employees’ Retirement System regarding cost sharing by local police members of the Arroyo Grande Police Officers’ Association. Mayor Hill invited public comment. No public comments were received. Action: Council Member Barneich moved to adopt an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM”. Mayor Hill seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Hill, Guthrie, Harmon NOES: None ABSENT: Brown 12. NEW BUSINESS 12.a. Consideration of the Purchase and Installation of a Play Structure at Heritage Square Park. Mayor Pro Tem Harmon declared a conflict of interest due to ownership of real property near the project site and stepped down from the dais. Public Works Director English presented the staff report and recommended that the City Council approve the purchase and installation of a proposed play structure at Heritage Square Park and appropriate $40,000 from the Parks Development Fund for project expenses. Staff responded to questions from Council. Riley Betita, prospective Eagle Scout, presented his project proposal for a play structure in the Village at Heritage Square Park and responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Nancy Underwood, Short Street, supported the proposed play structure, but expressed concerns about unsupervised junior high kids as it relates to how strong the play equipment is and asked how often the equipment is inspected; Robin Jennings, Short Street, supported the proposed play structure, but expressed concern with the Geodome; Joey Massey, Troop 413 Scout and Paulding student, supported the proposed play structure and commented that there should be more lighting in the area; Maureen, resident, supported the proposed play structure; Kathleen Mink, supported the proposed play structure; Shereen Cantoa, supported the proposed play structure, Dr. Daniel Bronstein, supported the proposed play structure, and Patty Welsh, supported the proposed play structure and commented that maybe the Men’s Club could volunteer with this project. Kathy Wiggins, representing Sun Country Playgrounds, responded to questions from Council concerning the durability, maintenance, and longevity of the equipment. Item 9.b. - Page 6 Minutes: City Council Meeting Page 5 Tuesday, October 25, 2016 Action: Council Member Guthrie moved to approve the purchase and installation of the proposed play structure at Heritage Square Park and to appropriate $40,000 from the Parks Development Fund for project expenses. Mayor Hill seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Hill, Barneich NOES: None ABSENT: Brown, Harmon Mayor Pro Tem Harmon returned to the dais. 13. 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 HARMON: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (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 (5) Economic Vitality Corporation (d) COUNCIL MEMBER BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (3) South San Luis Obispo County Sanitation District (SSLOCSD). (e) COUNCIL MEMBER BARNEICH: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) 14. COUNCIL COMMUNICATIONS Council Member Barneich announced that the warming center is in need of volunteers to help assemble hygiene kits; and reported that she received an email from a citizen thanking staff for the new intersection improvements at Oak Park and W. Branch Street. Item 9.b. - Page 7 Minutes: City Council Meeting Page 6 Tuesday, October 25, 2016 Mayor Hill announced that the Trick or Treat event will be held in the Village on Monday afternoon, October 31st and urged motorists to drive safely and watch out for kids who are trick or treating. 15. COMMUNITY COMMENTS AND SUGGESTIONS Patty Welsh, would like to receive responses to her emails to Council; Virginia Roof, spoke regarding Camp Arroyo Grande and requested an update; Rowan Roof, supports the preservation of Camp Arroyo Grande. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 8:00 p.m. _____________________________ Jim Hill, Mayor ATTEST: _____________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg _________) Item 9.b. - Page 8 ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 16, 2016 CITY HALL UPSTAIRS CONFERENCE ROOM, 300 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Pro Tem Harmon called the Special City Council/ Meeting to order at 5:00 p.m. 2. ROLL CALL Council Members Kristen Barneich, Jim Guthrie, Tim Brown and Mayor Pro Tem Barbara Harmon were present. Mayor Hill was absent. Interim City Manager Bob McFall, City Attorney Heather Whitham, and Director of Legislative and Information Services/City Clerk Kelly Wetmore were also present. 3. FLAG SALUTE Mayor Pro Tem Harmon led the flag salute. 4. PUBLIC COMMENT None. 5. CITY COUNCIL CLOSED SESSION At 5:02 p.m., City Attorney Whitham announced the City Council would adjourn to closed session to consider the following item: a) Conference with Legal Counsel - Existing Litigation pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9: Name of Case: Pacific Gas and Electric Company Application 16-08-006 for Approval of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal, and Recovery of Associated Costs Through Proposed Ratemaking Mechanisms before the California Public Utilities Commission- Protest of the City of San Luis Obispo, City of Pismo Beach, City of Paso Robles, City of Arroyo Grande, City of Morro Bay, and City of Atascadero Adjourned to closed session. 6. RECONVENE TO OPEN SESSION: The City Council reconvened at 5:29 p.m. City Attorney Whitham announced that the City Council provided direction to the City Attorney regarding the action before the California Public Utility Commission. 7. ADJOURNMENT The Special Meeting was adjourned at 5:31 p.m.   Item 9.b. - Page 9 Minutes of City Council Special Meeting November 16, 2016 Page 2     ____________________________ Jim Hill, Mayor ATTEST: ____________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg __________) Item 9.b. - Page 10