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Minutes 2017-08-22ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 22, 2017 COUNCIL CHAMBERS, 215 E. 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 Caren Ray, Kristen Barneich, Mayor Pro Tem Tim Brown and Mayor Jim Hill were present. Council Member Barbara Harmon was absent. Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Community Development Director Teresa McClish, and Planning Manager Matt Downing. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Girl Scout Troop 41049 led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements: Regular City Council Meeting of August 8, 2017: a) Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Debbie Malicoat, Administrative Services Director Represented Employees: Service Employees International Union, Local 620 City Attorney Whitham announced that the City Council met in closed session at a Regular Meeting on August 8, 2017 to discuss the above item and there was no reportable action. 5.b. Ordinances Read in Title Only. Mayor Pro Tem Brown moved, Council Member Ray 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. Council Member Ray proposed, and the Council concurred, to move New Business Item 12.a., (Concurrence and Confirmation of Appointment of Chief of Police), up to Item 6 on the Agenda. 6. SPECIAL PRESENTATIONS 12.a. Consideration of Concurrence and Confirmation of Appointment of Chief of Police. Minutes: City Council Meeting Page 2 Tuesday, August 22, 2017 City Manager Bergman stated it was a great honor to be City Manager and be able to select and receive concurrence from the Council on the City’s new Chief of Police. He stated his recommendation is Commander Beau Pryor. He provided an overview of Commander Pryor’s professional background with the City’s Police Department for the past 23 years, including his assignment as Acting Police Chief for the past 8 months. He stated that the salary range for the position would be between $11,005 - $13,338 per month, that Chief Pryor’s starting salary would be $11,502, and he will receive benefits that are described in the Council adopted Resolution for Management. Mayor Hill invited public comment. Speaking from the public was Shirley Gibson, on behalf of herself and her mother Manetta Bennett, offered congratulations and welcomed the new Police Chief; and Anne McCracken, on behalf of the Arroyo Grande Valley Kiwanis Club, welcomed Beau Pryor as the new Chief of Police. No further public comments were received. Action: Council Member Ray moved to concur and confirm the City Manager’s appointment of Beau D. Pryor as the City’s Chief of Police. Mayor Hill seconded, and the motion passed on the following roll-call vote: AYES: Ray, Hill, Barneich, Brown NOES: None ABSENT: Harmon City Clerk Wetmore administered the Oath of Office to Chief Pryor. Chief Pryor’s badge was then pinned on his uniform by his wife Shawn Pryor. Chief Pryor thanked the Mayor, City Council Members, and City Manager, spoke of his commitment to public service for the City over the past 23 years, and thanked his family, law enforcement family, neighbors and friends for their support, and he thanked retired Chief Annibali for his mentorship and support. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an invocation; and Nancy McNeil, Oceano, expressed concern about statements made by Mayor Hill at the last South San Luis Obispo County Sanitation District meeting. 8. CITY MANAGER REPORT: City Manager Bergman stated he had no correspondence or comments to report. 9. CONSENT AGENDA Council Member Ray requested Items 9.c. and 9.f. be pulled from the consent agenda. Mayor Hill invited public comment on the consent agenda items. No public comments were received. Action: Council Member Barneich moved, and Mayor Pro Tem Brown seconded the motion to approve Consent Agenda Items 9.a. through 9.g., with the exception of Items 9.c. and 9.f., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Brown, Ray, Hill NOES: None ABSENT: Harmon Minutes: City Council Meeting Page 3 Tuesday, August 22, 2017 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 1, 2017 through August 15, 2017. 9.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing of investment deposits of the City of Arroyo Grande, as of July 31, 2017, as required by Government Code Section 53646(b). 9.d. Consideration of Appointment to the Citizens’ Transportation Advisory Committee. Action: Approved the appointment of Rodney Pappas to the Citizens’ Transportation Advisory Committee. 9.e. Consideration of the Purchase of Public Works Department Replacement Vehicles. Action: 1) Approved the plan for replacement of Public Works vehicles and equipment in FY 2017-18; 2) Authorized the purchase of three (3) replacement service trucks from Mullahey Ford of Arroyo Grande, for the total amount of $73,647.18; 3) Authorized the purchase of a replacement Dump Truck from Gibbs International, Inc. of Santa Maria, in the amount of $149,012.26; 4) Authorized the purchase of an Alternative Fuel Vehicle (Hybrid) from Mullahey Ford of Arroyo Grande in the amount of $21,985.11; 5) Authorized the purchase of a Mini Excavator from Berchtold Equipment Company in the amount of $62,634.00; 6) Delegated authority to the City Manager to execute all necessary purchase orders or documents to facilitate the purchase of planned vehicles and equipment; and 7) Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING FOUR UNUSED VEHICLES AS SURPLUS PROPERTY AND AUTHORIZING THEIR SALE OR DISPOSAL”. 9.g. Monthly Water Supply and Demand Update. Action: Received and filed the monthly Water Supply and Demand Report. ITEMS PULLED FROM THE CONSENT AGENDA 9.c. Consideration of Appointment of Voting Delegates for the League of California Cities Annual Conference and Direction Regarding the Annual Conference Resolutions. Recommended Action: Appoint Mayor Jim Hill as the voting delegate for the League of California Cities Annual Conference and City Manager James Bergman as the alternate, and provide direction to the voting delegates to support two League of California Cities Resolutions. Council Member Ray supported the item; however, she requested that these types of items be placed on New Business in the future because the proposed Conference Resolutions may warrant discussion and analysis to evaluate any impacts on smaller cities like Arroyo Grande. She referred to the League’s Policy Committees and stated that until the City has representation on the policy subcommittees, she would like the Council to discuss these matters. In response to a question by Council Member Ray, City Manager Bergman noted that Five Cities Fire Authority Chief Lieberman was in support of the recommendation for the proposed Resolution concerning emergency service levels and direct emergency medical responses. Action: Council Member Ray moved to appoint Mayor Jim Hill as the voting delegate for the League of California Cities Annual Conference and City Manager James Bergman as the alternate, and to provide direction to the voting delegates to support two League of California Cities Resolutions. Mayor Pro Tem Brown seconded, and the motion passed on the following roll-call vote: Minutes: City Council Meeting Page 4 Tuesday, August 22, 2017 AYES: Brown, Hill, Barneich, Hill NOES: None ABSENT: Harmon 9.f. Consideration of Lease Purchase Financing for Public Works Department Vehicles and Equipment. Recommended Action: 1) Adopt a Resolution authorizing lease purchase financing with Holman Capital for Public Works vehicles and equipment; and 2) Delegate authority to the City Manager to execute all necessary documents to facilitate the financing. In response to a question by Council Member Ray, Director Malicoat clarified that the term of the Lease Agreement will be 4 years and that the Lease Agreement would be corrected to reflect the 4 year term. Action: Council Member Ray moved to: 1) Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE-PURCHASE AGREEMENT, AN ESCROW AGREEMENT AND EQUIPMENT SCHEDULE WITH RESPECT TO THE ACQUISITION, PURCHASE, FINANCING, AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION, as amended to reflect a 4-year term; and 2) Delegate authority to the City Manager to execute all necessary documents to facilitate the financing. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Ray, Barneich, Brown, Hill NOES: None ABSENT: Harmon 10. PUBLIC HEARINGS None. 11. OLD BUSINESS None. 12. NEW BUSINESS 12.b. Update on Tourism Business Improvement District. City Manager Bergman presented the staff report, and Judith Bean, CEO and President of the Arroyo Grande Grover Beach Chamber of Commerce, presented an overview of the VisitArroyoGrande.org website and highlighted several marketing videos. It was recommended that the Council receive and file the presentation on the marketing activities of the Tourism Business Improvement District. Staff and Ms. Bean responded to questions from Council regarding process and procedure for the Advisory Board, budget preparation, the marketing consultant contract, the use of revenue for enforcement activities, advertising, and what improvements can be made to the Tourism Business Improvement District. Minutes: City Council Meeting Page 5 Tuesday, August 22, 2017 Mayor Hill invited public comment. Speaking from the public were: Patricia Price, Arroyo Grande, who asked if there is any audio in the videos, liked references in the videos to Arroyo Grande businesses, suggested rotating the names of businesses, however, she noted that the videos did not impress her; and Jim Guthrie, Arroyo Grande, expressed concern that the hotels are not sufficiently engaged in the Tourism Business Improvement District activities, they are not paying attention to results, that data is needed to analyze the value of the TBID, suggested reviewing data on the website to see if rooms are being booked. No further public comments were received. Council comments ensued regarding procedural concerns, that the Council should provide direction on policy and process, including process for the marketing committee, a potential review and amendment of the TBID Board Bylaws, a Request for Proposals (RFP) for a new marketing consultant, enforcement of homestays and vacation rentals, a review of the target audience for marketing videos and targeting people who are already coming to Arroyo Grande to visit, that there should be some way to see measurable data and responses. City Manager Bergman noted that staff would return to the Council with further information by October. No formal action was taken on this item. The presentation was received and filed. 12.c. Consideration of Staff Project 17-008; Adoption of an Initial Study/Mitigated Negative Declaration and Approving the James Way Oak Habitat and Wildlife Preserve Trail Addition Project; Applicant – City of Arroyo Grande. City Attorney Whitham declared a conflict of interest on this item due to ownership of real property near the project area, stated she would not participate in this item, and left the room. Community Development Director McClish presented the staff report and stated the Parks and Recreation Commission and the Planning Commission recommended that the Council adopt a Resolution: 1) Adopting an Initial Study/Mitigated Negative Declaration; 2) Approving the James Way Oak Habitat and Wildlife Preserve Trail Addition Project; and 3) Directing the City Clerk to file a Notice of Determination. Mayor Pro Tem Brown inquired about the supplemental information distributed to Council which included a letter received from commercial property owners adjacent to the James Way Habitat regarding the proposed project. Staff acknowledged that there were concerns about parking behind the commercial buildings to access the trails from that location. Director McClish noted the City has a utility easement and a sewer easement near that location. Mayor Hill invited public comment. Speaking from the public were: Pat McCann, stated he was not opposed to the trail; however, he expressed concerns about liability with parking behind the commercial buildings to access the trail, and stated that more parking is needed on James Way at the trailhead; and Pete Carlson, who suggested that the City voluntarily fence the area off behind the commercial buildings so that people will park on James Way to access the trail and it would also cut down on transients occupying the area. No further public comments were received. Director McClish indicated that staff is happy to meet and discuss options with the commercial property owner to address concerns about liability and to identify alternatives moving forward, and noted the City has trail liability coverage. Minutes: City Council Meeting Page 6 Tuesday, August 22, 2017 Council comments ensued in support of the project, including continuing to allow mountain bikes on the trail, provided suggestions regarding appropriate signage for the trail and for parking, and acknowledgement of the volunteers who maintain the trail. Action: Mayor Hill moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING THE JAMES WAY OAK HABITAT AND WILDLIFE PRESERVE TRAIL ADDITIONAL PROJECT (STAFF PROJECT 17-008); APPLIED FOR BY THE CITY OF ARROYO GRANDE”, as proposed which includes allowing mountain bikes to continue accessing the trail. Mayor Pro Tem Brown seconded the motion. There was brief discussion about signage, and process and policy for removal of transient camps within the trail area. The motion passed on the following roll-call vote: AYES: Hill, Brown, Barneich, Ray NOES: None ABSENT: Harmon Mayor Hill called for a break at 7:55 p.m. The Council reconvened at 8:05 p.m. 12.d. Consideration of Short-Term Parking Restrictions in the Village (Staff Project 17- 007). Community Development Director McClish presented the staff report and stated that the Downtown Parking Advisory Board recommended that the Council adopt a Resolution amending parking restrictions in the Village to: 1) designate two on-street spaces in both the westbound and eastbound directions of Branch Street for 20-minute parking; 2) maintain 2-hour parking restrictions on East and West Branch Street; 3) limit parking on Olohan Alley along the creek from Bridge Street to the Olohan Alley extension, the Car Corral, and the southernmost row of the Le Point Street parking lot to 3-hour parking; and 4) direct staff to investigate options and/or sources of funding for parking enforcement. Staff responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Val Delaney, who stated that 85-90% of parking on E. Branch Street has no turnover, stated that it was wrong to have restricted parking and not enforce it, suggested random enforcement so that behavior will change, and expressed concern that business owners and their employees park on the street in front of their businesses; Patty Welsh, agreed that merchants park in front of their businesses, suggested restriping and labeling motorcycle spaces, expressed concern about allowing truck parking in the center lane to unload deliveries and suggested a designated area in the center lane be marked for trucks to unload, stated that bulbouts should be marked, 20 minutes spots should be centrally located, and she hoped that parking standards in the City will be addressed soon; Pete Carlson, commented that limited parking meters are a good idea and that the in-lieu of parking fee funds may be able to be used to add additional parking and that maybe a parking committee could be formed; Mark Pelletier, Broadway Jewelers, stated that employees and owners are parking on E. Branch Street, he is asking for fainess to allow more opportunities for people to visit his business, he is a proponent of meters to generate revenue, but to consider this in the future; Frank Schiro, Rooster Creek/Mason Bar & Kitchen, stated that every business has different needs, there needs to be a balance for time restricted parking, commented that the Le Point Street parking lot is highly underutilized and businesses are refusing to use it, current Minutes: City Council Meeting Page 7 Tuesday, August 22, 2017 signage is not sufficient, directional signs should be installed that say “Free Parking”, and suggested that two of the 20 minute parking spaces should be in front of the meat market; Patricia Price, favored free parking, suggested meters on Branch with four 20 minutes zones with cost to park low with high fines, and agreed that the existing parking signage is not effective. No further public comments were received. Action: Council Member Ray moved to adopt a Resolution to: 1) add two 20-minute spaces in front of the dry cleaner and Arroyo Grande Meat Company, 2) add increased Neighborhood Services Technicians for parking enforcement, and 3) add robust signage that does not use symbols, and uses words to increase usage of the Le Point Street parking lot. Brief discussion ensued regarding staffing constraints as it relates to enforcement. Mayor Pro Tem Brown seconded the motion, and the motion was lost on the following tie vote: AYES: Ray, Brown NOES: Barneich, Hill ABSENT: Harmon City Manager Bergman suggested that he could meet with Chief Pryor to discuss options for parking enforcement and come back to the Council to further discuss those options. He noted the Police Department just restarted the Cadet Program with the idea to transfer some of the work that Neighborhood Services does to the Cadets, to free up additional time for Neighborhood Services. Action: Council Member Ray moved to adopt a Resolution to: 1) add two 20-minute spaces in front of the dry cleaner and Arroyo Grande Meat Company (with no signage, just pavement markings), 2) add robust signage to direct parking to the Le Point Street Parking Lot and direct staff to meet with Mr. Frank Schiro regarding his proposed suggestions for signage, and 3) direct staff to meet with Chief Pryor to discuss enforcement strategy for downtown on E. Branch Street. Mayor Pro Tem Brown seconded the motion. City Attorney Whitham clarified the revisions to the Resolution. The motion passed on the following roll-call vote: AYES: Ray, Brown, Barneich, Hill NOES: None ABSENT: Harmon 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 Minutes: City Council Meeting Page 8 Tuesday, August 22, 2017 (b) MAYOR PRO TEM BROWN: (1) San Luis Obispo Council of Governments/Regional Transit Authority (SLOCOG/RTA) (2) Integrated Waste Management Authority Board (IWMA) (3) South County Transit (SCT) (4) Brisco/Halcyon Interchange Subcommittee (c) COUNCIL MEMBER BARNEICH: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) (3) Other (d) COUNCIL MEMBER HARMON: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (4) Other: Attended the Visit SLO CAL Advisory Committee meeting. (e) COUNCIL MEMBER RAY: (1) California Joint Powers Insurance Authority (CJPIA) (2) Economic Vitality Corporation (EVC) (3) Tourism Marketing Committee 14. COUNCIL COMMUNICATIONS Mayor Pro Tem Brown expressed concern about earlier public comments directed at one Council Member and not the Council as a whole. Council Member Ray announced the Harvest Festival Bake-Off and encouraged people to participate and stated the event will benefit the South County Historical Society. Council Member Barneich announced that the Five Cities Homeless Coalition Empty Bowls event will be held on September 13th at St. Patrick’s Church from 11:00 a.m. to 2:00 p.m. Mayor Hill noted that school is back in session and encouraged driver safety when driving near schools. 15. COMMUNITY COMMENTS AND SUGGESTIONS None. 16. CLOSED SESSION At 9:16 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: Debbie Malicoat, Administrative Services Director Represented Employees: Service Employees International Union, Local 620 Adjourned to closed session. Minutes: City Council Meeting Page 9 Tuesday, August 22, 2017 16. RECONVENE TO OPEN SESSION: At 9:42 p.m., the Council reconvened to open session. City Attorney Whitham announced that there was no reportable action. 17. ADJOURNMENT Mayor Hill adjourned the meeting at 9:43 p.m. Jim II, Mayor A ' ST: Wie /''e nt Kelly a re, City Clerk (Approved at CC Mtg 9-l2-2017 )