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Minutes 2017-09-26 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 26, 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 6:06 p.m. 2. ROLL CALL City Council: Council Members Caren Ray, Barbara Harmon, Kristen Barneich, Mayor Pro Tern Tim Brown and Mayor Jim Hill were present. 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, Director of Public Works Bill Robeson, Chief of Police Beau Pryor, and City Engineer Robin Dickerson. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Cub Scout Pack 13 Atomic Serpents, Den 5, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements: Special City Council Meeting of September 26. 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 Special Meeting on September 26, 2017 to discuss the above item and the Council provided direction to its labor negotiator. 5.b. Ordinances Read in Title Only. Mayor Pro Tem Brown moved, Council Member 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. Presentation by San Luis Obispo Council of Governments (SLOCOG) - Pledge to Make a Smart Commute Choice During Rideshare, October 2 -6, 2017. Peter Williamson, Employer Outreach Coordinator, gave a presentation about planned events during Rideshare Week to encourage alternative transportation to work and school. Minutes: City Council Meeting Page 2 Tuesday, September 26, 2017 6.b. Presentation by San Luis Obispo Regional Transit Authority (SLORTA) - Proposed Fare Increase. Tania Arnold, Regional Transit Authority Deputy Director, provided a presentation on a proposed fare increase and stated that RTA is seeking public feedback via an online survey, email or by phone. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an invocation; Patty Welsh, requested a moment of silence for Jude Genova who recently passed away; Angela Tahti, representing Arts Obispo, announced the 19th Annual Open Studios Art Tour to be held October 14-15 and 21-22, 2017 and encouraged attendance; Sherry McCarthy, representing Campfire, announced their upcoming Dinner/Auction and Reverse Drawing fundraiser event on November 4th, stated tickets were available, and invited the Council to attend; Otis Page, commented on and expressed concerns regarding the investigation of Mayor Hill; Patricia Price, expressed support for Mayor Hill and commented on issues relating to the South San Luis Obispo County Sanitation District; and Coleen Kubel, thanked Mayor Hill for representing her and her family as ratepayers by his service on the Sanitation District Board. Mayor Hill requested a moment of silence for Jude Genova. Council Member Ray requested that tonight's meeting be adjourned in memory of Mr. Genova. 8. CITY MANAGER REPORT: City Manager Bergman announced that the placement of the new restroom facility was installed today at Heritage Square Park, displayed photos of the facility, and thanked all those who were involved in the project. In response to a question by Council regarding hours the restrooms would be open, City Manager Bergman stated that he would obtain that information and report back to the Council. 9. CONSENT AGENDA In response to a question by Council Member Ray regarding Item 9.a., Cash Disbursements, staff provided clarification regarding payments to US Bank for departmental credit card purchases. Mayor Hill invited public comment on the consent agenda items. Speaking from the public was Steve Ross, who asked if the Monthly Water Supply and Demand reports could be found on the City's website. Staff confirmed that the reports can be found on the City's website. No further public comments were received. Action: Council Member Ray moved, and Mayor Pro Tern Brown seconded the motion to approve Consent Agenda Items 9.a. through 9.c., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Ray, Brown, Harmon, Barneich, Hill NOES: None ABSENT: None 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 1, 2017 through September 15, 2017. Minutes: City Council Meeting Page 3 Tuesday, September 26, 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 August 31, 2017, as required by Government Code Section 53646(b). 9.c. Monthly Water Supply and Demand Update. Action: Received and filed the monthly Water Supply and Demand Report. 10. PUBLIC HEARINGS 10.a. Consideration of Development Code Amendment Case No. 17-003; Amendments to Chapter 16.62 of Title 16 and Chapter 5.95 of Title 5 of the Arroyo Grande Municipal Code Relating to Marijuana and Marijuana Delivery Services. Community Development Director McClish presented the staff report and recommended that the Council introduce a proposed Ordinance amending Chapter 16.62 of Title 16 and Chapter 5.95 of Title 5 of the Arroyo Grande Municipal Code relating to marijuana and marijuana delivery services. Staff responded to questions from Council. Mayor Hill opened the public hearing. Speaking from the public were: Cynthia Gonzalez, representing Elite Care California, addressed questions regarding potential future tax revenue that could be received if the Ordinance were expanded to allow retail service, as well as how money is managed when this activity is prohibited by Federal law; and Patty Welsh, thanked the Council and spoke in support of the proposed Ordinance. Hearing no further public comments, Mayor Hill closed the public hearing. City Attorney Whitham read the full title of the Ordinance, as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.62 OF TITLE 16 AND CHAPTER 5.95 OF TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MARIJUANA AND MARIJUANA DELIVERY SERVICES". Action: Mayor Pro Tern Brown moved to introduce the Ordinance as read by title by the City Attorney. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Brown, Barneich, Ray, Harmon, Hill NOES: None ABSENT: None 10.b. Consideration of Draft Initial Study/Mitigated Negative Declaration for the Bridge Street Bridge Rehabilitation Project. Community Development Director McClish presented the staff report and recommended that the Council: 1) Review the Draft Initial Study/Mitigated Negative Declaration for the proposed Bridge Street Bridge Rehabilitation project; and 2) Adopt a Resolution adopting the Mitigated Negative Declaration, and instructing the City Clerk to file a Notice of Determination. Staff responded to questions from Council. Minutes: City Council Meeting Page 4 Tuesday, September 26, 2017 Mayor Hill opened the public hearing. Speaking from the public were: Steve Ross, Arroyo Grande, regarding the safety rail as it relates to traffic lane widths and commented that bicycles have the same right of way as vehicles going across the bridge; Bill Hart, thanked the Council for choosing rehabilitation of the Bridge and maintaining the character of the Village; and Shirley Gibson, also thanked the Council and spoke of the importance of bridges in a community. Hearing no further public comments, Mayor Hill closed the public hearing. Action: Mayor Pro Tern Brown 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, FOR THE BRIDGE STREET BRIDGE PROJECT APPLIED FOR THE CITY OF ARROYO GRANDE". Council Member Ray seconded, and the motion passed on the following roll-call vote: AYES: Brown, Ray, Harmon, Barneich, Hill NOES: None ABSENT: None 11. OLD BUSINESS None. 12. NEW BUSINESS 12.b. Consideration of a Memorandum of Understanding between the City and the 5- Cities Community Service Foundation Regarding Property at 250 Wesley Street Arroyo Grande. City Manager Bergman provided introductory comments. Community Development Director McClish presented the staff report and recommended that the Council: 1) Approve the Memorandum of Understanding between the City and the 5-Cities Community Service Foundation regarding property at 250 Wesley Street (Village Property, or commonly known as the Methodist Church Camp or Camp Arroyo Grande) Arroyo Grande; and 2) Appropriate $7,000 from the General Fund balance to support MOU actions. Allan Buck, Board Member, representing the 5 Cities Community Service Foundation, commented on the opportunities for the property, that the Foundation is already receiving donations and offers from various groups and organizations regarding potential uses for the property, noted that there are a lot of issues to address on the site, and responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Bill Hart, Arroyo Grande resident and member of the Historical Resources Committee (HRC), stated that the HRC considers this one of the most significant historic resources within the City of Arroyo Grande, thanked the 5 Cities Men's Club for stepping forward, thanked the Methodist Church for keeping up the Camp during its ownership, expressed support for the proposal and suggested a Community Oversight Board be created to encourage community involvement; Maureen Riley, spoke in support of the proposal and commented on the opportunity for people to come together to preserve the camp and continuing to work together to maintain the property; Shirley Gibson, thanked all the people with vision, including the City and City staff, the 5 Cities Minutes: City Council Meeting Page 5 Tuesday, September 26, 2017 Community Service Foundation to put efforts into the preservation of this property, and recognized John Beckett who came to this area in the 1800's and contributed substantially to this community, suggested a single point of contact be established for people to contact regarding this project, and pledged $5,000 on behalf of the Patricia R. Loomis Historical Foundation toward the tabernacle; Angela Tahti, Arts Obispo, stated that there are funds available at the National level for planning and development of creative place making and offered their help if needed; Steve Ross, stated that all camps and parks have been closed in this area and that there is a need for a camp in the community and cautioned against specific historic designation of the property as it relates to restoration and related costs; Coleen Kubel, commented on her youth spent at the camp and supported the proposal; Tricia Coffee, thanked the Council, staff, and community for the time spent to create a future for the community; Adam, Arroyo Grande, expressed his support for the project and potential revenue it could create; Ken Miles, representing Campfire, spoke in support of the proposal and expressed appreciation to the 5 Cities Community Service Foundation. No further public comments were received. Action: Council Member Ray moved to approve the Memorandum of Understanding between the City and the 5 Cities Community Service Foundation regarding property at 250 Wesley Street (Village Property, or commonly known as the Methodist Church Camp or Camp Arroyo Grande) Arroyo Grande; and appropriate $7,000 from the General Fund balance to support MOU actions. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Ray, Barneich, Harmon, Brown, Hill NOES: None ABSENT: None Mayor Hill called for a break at 8:57 p.m. The Council reconvened at 9:07 p.m. 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 (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) Minutes: City Council Meeting Page 6 Tuesday, September 26, 2017 (d) COUNCIL MEMBER HARMON: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) (e) COUNCIL MEMBER RAY: (1) California Joint Powers Insurance Authority (CJPIA) (2) Economic Vitality Corporation (EVC) (3) Tourism Marketing Committee 14. COUNCIL COMMUNICATIONS Council Member Barneich suggested that pedestrian signs for the crosswalk in front of Rooster Creek be reviewed and improved and referred to lighted signs similar to those in San Luis Obispo on Marsh Street. Council Member Ray stated that she would like to have a discussion at a future meeting regarding crosswalks in the Village and possibly putting together a committee for pedestrian safety in Village. Mayor Hill suggested that a broader discussion regarding crosswalks would be appropriate and would like to revisit the area near S. Alpine. Council Member Harmon suggested that the crosswalk by Broadway Bagel be considered as well. Based on Council comments and consensus, City Manager Bergman stated that an item regarding crosswalks would be brought back at a later date for further discussion. Mayor Pro Tern Brown expressed concern about comments made by Board Member Shoals at the last South San Luis Obispo County Sanitation District meeting and encouraged the community to attend the meetings or watch them on the government access channel. Council Member Ray reported on the Harvest Festival bakeoff competition and recognized its sponsors and winners. Council Member Ray suggested it might be time to consider having a discussion regarding the placement of a cannabis tax measure on the ballot. Council Member Ray requested a future agenda item for the Council to discuss removing Item 15, Community Comments and Suggestions, from the end of the Agenda as there is ample time during the meeting for public comment, and stated it would be a cost saving measure as well. Council Member Barneich concurred with the request. Council Member Harmon suggested a relook in 2019 after evaluating future cannabis tax revenues; stated that she concurs with removal of Item No. 15 from the Agenda; invited the public to the Fire and Life Safety event and a pancake breakfast sponsored by the 5 Cities Men's Club to benefit the Friends of the Five Cities Fire Authority on October 7th at Elm Street Park; and announced the 3rd Annual Fashions for a Purpose to be held on October 28th to benefit domestic violence shelters. Mayor Hill requested discussion at a future meeting regarding Council policy as it relates to advocating for better funding and services for mental health services in the City from the County, State, and perhaps Federal level. The Council concurred. Minutes: City Council Meeting Page 7 Tuesday, September 26, 2017 Council Member Barneich stated that she wanted to wait on having a discussion regarding the cannabis tax. Council Member Ray commented that it was a suggestion based on timing for the 2018 election. Council Member Harmon commented that Assembly Member Jordan Cunningham's aide is asking people to come forward with ideas or needs in their communities as it relates to the potential for proposed bills/legislation. Mayor Hill commented that he supports retaining Item 15 on the Agenda. 15. COMMUNITY COMMENTS AND SUGGESTIONS Speaking from the public were: Steve Ross, stating that he appreciates the community comment period at the end of the meeting because it allows the public to comment after discussion has taken place by the Council, and also commented on the restrictions of marijuana as it relates to outdoor cultivation; and Patricia Price, spoke in opposition to removing Item 15, Community Comments and Suggestions, from the agenda. 16. CLOSED SESSION None. 17. ADJOURNMENT Mayor Hill adjourned the meeting at 9:51 p.m. in memory of Jude Genova. Ji ill, Mayor A EST: Kelly Wetmi e, City Clerk (Approved at CC Mtg 1b-/0-20t1 )