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CC 2017-12-12_09c Approval of Minutes_11-28-17 ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 28, 2017 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Hill called the Special City Council Meeting to order at 5:00 p.m. 2. ROLL CALL Council/Board Member Kristen Barneich, Mayor Pro Tem/Vice Chair Tim Brown, and Mayor/Chair Hill were present. Council/Board Members Barbara Harmon and Caren Ray were absent. Staff members present were City Manager Jim Bergman, City Attorney Heather Whitham, and Executive Assistant /Deputy City Clerk Kitty Norton. 3. FLAG SALUTE Mayor Pro Tem/Vice Chair Brown led the flag salute. 4. PUBLIC COMMENT None. 5. CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION City Attorney Whitham noted that the Agency’s Designated Representative was not present and that Community Development Director Teresa McClish would be the Agency Representative in her place. 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 & As- sociates Negotiating Parties: ELA Foods, Inc. Under Negotiation: Price and terms of payment for sale of property Council/Board Member Harmon arrived to the meeting at 5:03 p.m. Council/Board Member Ray arrived to the meeting at 5:05 p.m. Adjourned to closed session. Item 9.c. - Page 1 Minutes of City Council/Successor Agency Special Meeting November 28, 2017 Page 2 6. RECONVENE TO OPEN SESSION: The Council/Successor Agency reconvened to open session at 5:28 p.m. City Attorney Whitham announced that the Successor Agency agreed unanimously to approve an Addendum to the Purchase and Sale Agreement for the property located at Faeh Avenue and El Camino Real extending the government approval contingency to April 15, 2018. 7. ADJOURNMENT: The Special Meeting was adjourned at 5:29 p.m. ____________________________ Jim Hill, Mayor/Chair ATTEST: ____________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ____________) Item 9.c. - Page 2 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 28, 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, Barbara Harmon, Kristen Barneich, Mayor Pro Tem 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, Community Development Director Teresa McClish, Director of Public Works Bill Robeson, Chief of Police Beau Pryor, and Associate Planner Kelly Heffernon. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mike Drees, representing South County Historical Society, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements: Special City Council/Successor Agency Meeting of November 28, 2017 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: ELA Foods, Inc. Under Negotiation: Price and terms of payment for sale of property City Attorney Whitham announced that the City Council/Successor Agency met in closed session at a Special Meeting on November 28, 2017 to discuss the above item, and the Successor Agency Board unanimously approved an Addendum to the Purchase and Sale Agreement for the property located at Faeh Avenue and El Camino Real extending the government approval contingency to April 15, 2018. 5.b. Ordinances Read in Title Only. Council Member Barneich 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. Item 9.c. - Page 3 Minutes: City Council Meeting Page 2 Tuesday, November 28, 2017 6. SPECIAL PRESENTATIONS 6.a. A Debriefing of Information Learned by the City of Arroyo Grande After the Reporting, Trapping and Euthanization of a Grey Fox by the United States Department of Agriculture’s Wildlife Services Department. City Manager Bergman presented information surrounding the recent euthanization of a grey fox in the Village and responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Trudy Jarrett, who suggested that the City add information about wildlife on the City website with a contact listing of wildlife rescue organizations; Rebecca Dmytryk, Monterey County, stated she runs a wildlife rescue organization and a for-profit business called Humane Wildlife Control to help people deal with wildlife issues and to offer assistance with educational efforts, spoke about how animals are imprinted, commented on ordinances that could be adopted prohibiting the feeding of wildlife, and commented on State trapping regulations; Speaker (did not state name), commented that the fox was an imprinted animal, expressed concern about what happened to the fox, stated the City needs to be more involved in educating the community about not feeding wild animals, and asked what the City’s regulations were regarding loose chickens within the City; Kimberly Perez, President of Pacific Wildlife Care, spoke regarding the few calls they received over a long period of time regarding relocation of the fox and explained that they are only allowed to rescue injured, orphaned, or sick wildlife and could have responded had they been notified when the fox was originally orphaned, stated it is up to people to know not to imprint wild animals as they will not go back to the wild, stated they work collaboratively with California Fish and Wildlife to educate the public, and left information about their organization; Cleo Stanley, spoke regarding the need to have a direct link and process on what the public can do in the future to prevent an animal like this from getting imprinted; Robert Olson, spoke regarding the higher levels of government and the need for people to be able to rely on local government to handle sensitive community issues and concerns; Frank Schiro, thanked staff for the presentation and Vivian Krug for creating the community Facebook page “Remembering the Village Fox”, stated he has spent time talking to State and Federal agencies about permitting processes, commented on the State’s partnership with Pacific Wildlife Care for rescue efforts, commented on how this wild animal became imprinted, spoke about creating signs and conducting educational workshops, and thanked the citizens for being respectful; Vivian Krug Cotton, supported efforts to educate the community and conduct public workshops in the future, spoke about the Facebook page to memorialize the fox and fundraise for educational signs; and commented on a potential public art project; Shelly Cochran, expressed sadness over the loss of the fox and expressed concern about hateful social media comments being made that are not representative of Arroyo Grande, that we should learn from this experience, move forward, and do something good from the experience; and Deanna Delore, expressed appreciation that something good may come from this and read comments from a recent Facebook post. No further public comments were received. Council comments ensued regarding education, signs, and kiosks about wildlife preservation versus adoption of more regulations; acknowledgment of the community’s concerns with this issue; concern that people are being treated poorly and that hateful comments should not be tolerated in this community, that the City can improve its efforts to interact better with the USDA and wildlife organizations; that this was an unexpected outcome and a breakdown in communication; acknowledgement of Pacific Wildlife Care and their offer to provide community education and materials; and appreciation to the City Manager for providing the presentation. No formal action was taken on this item. Item 9.c. - Page 4 Minutes: City Council Meeting Page 3 Tuesday, November 28, 2017 6.b. Presentation by San Luis Obispo Council of Governments (SLOCOG) Regarding SB1 – The Road Repair and Accountability Act of 2017. Ron DeCarli, Executive Director, SLOCOG, gave a presentation regarding SB1. Mr. DeCarli responded to questions from Council regarding the transportation improvement fee, status of efforts to repeal SB1, impacts to projects in the County if funding was lost, self-help funding, clarification regarding Caltrans’ funding projections over five years, and electrical vehicle fees. No formal action was taken on this item. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an invocation and announced that Pismo Beach/5 Cities Rotary Club will be hosting a free movie at the Fair Oaks Theatre on December 9, 2017 at 10:30 a.m. and donations of toys will be accepted for distribution to the Boys and Girls Club; Mike Drees, expressed concern about the lack of road repairs in the City and stated he had been told in 2014 that his street was on a schedule to be repaired in 2016 and it still has not been done; and Patty Welsh, commented that she could not find the Zone 3 and Five Cities Fire Authority Agendas on the City’s website. No further comments were received. 8. CITY MANAGER REPORT: City Manager Bergman announced that the Christmas Parade in the Village was held on Sunday, November 26th and he thanked Greg Steinberger and all the volunteers for making it a successful event. 9. CONSENT AGENDA Mayor Hill invited public comment on the consent agenda items. No public comments were received. Action: Council Member Harmon moved, and Council Member Ray seconded the motion to approve Consent Agenda Items 9.a. through 9.j., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Harmon, Ray, Barneich, Brown, Hill NOES: None ABSENT: None 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 1, 2017 through November 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 October 31, 2017, as required by Government Code Section 53646(b). 9.c. Consideration of Adoption of a Resolution Approving a 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 ADOPTING A MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 620”. 9.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of November 14, 2017, as submitted. Item 9.c. - Page 5 Minutes: City Council Meeting Page 4 Tuesday, November 28, 2017 9.e. Consideration of Council Appointment to Parks and Recreation Commission. Action: Approved the recommendation of Council Member Harmon to appoint Anna Heacock to the Parks and Recreation Commission. 9.f. Consideration of Approval of Water Tank Lease Agreement with Verizon Wireless- 459 Puesta Del Sol (Reservoir #5). Action: Approved and authorized the Mayor to execute a Water Tank Lease Agreement and Memorandum of Lease between the City and AirTouch Cellular, dba Verizon Wireless (“Verizon”) for use of approximately 360 square feet of property located at 459 Puesta Del Sol, Arroyo Grande and space on the City’s water tank for use as a wireless communication facility. 9.g. Monthly Water Supply and Demand Update. Action: Received and filed the monthly Water Supply and Demand Report. 9.h. Consideration of an Award of Contract to Effect Contractors for Construction of the City of Arroyo Grande and Woman's Club Community Center Kitchen Renovation Project, PW 2016-01. Action: 1) Awarded a contract for the City of Arroyo Grande and Woman's Club Community Center Kitchen Renovation Project to Effect Contractors in the amount of $177,344; 2) Authorized the City Manager to approve change orders for 20% of the contract amount, $35,469, for unanticipated costs during the construction phase of the project; and 3) Appropriated $23,313 from the Park Development Fund balance for the project. 9.i. Consideration of an Award of Contract to RK&G Construction Inc. for Construction of the City of Arroyo Grande and Woman's Club Community Center Site Accessibility Improvements Project, PW 2016-10. Action: 1) Awarded a contract for the City of Arroyo Grande and Woman's Club Community Center Site Accessibility Improvements Project to RK&G Construction Inc. in the amount of $72,289.40; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $7,228.94, for unanticipated costs during the construction phase of the project; and 3) Reallocated $37,466 of Local Sales Tax Funds from the Alpine Street Overlay Improvement project to cover the subject project expenses. 9.j. Consideration of an Award of Contract to Sansone Company Inc. for Construction of the Santos Field Barrier Removal Project, PW 2017-01. Action: 1) Awarded a contract for the Santos Field Barrier Removal Project to Sansone Company Inc. in the amount of $53,471; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $5,347, for unanticipated costs during the construction phase of the project; and 3) Reallocated $14,569 of Local Sales Tax Funds from the Alpine Street Overlay Improvement project to cover the subject project expenses. Council Member Harmon referred to Item 9.e., stated that Anna Heacock was in the audience, and introduced her as the newly appointed member of the Parks and Recreation Commission. Mayor Hill called for a break at 7:50 p.m. The Council reconvened at 8:00 p.m. 10. PUBLIC HEARINGS 10.a. Consideration of Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2018. Council Member Barneich announced that she would step down on this item due to a potential conflict of interest as a Board Member for the 5 Cities Homeless Coalition. Item 9.c. - Page 6 Minutes: City Council Meeting Page 5 Tuesday, November 28, 2017 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 Community Development Block Grant (CDBG) funds for the Year 2018. Mayor Hill invited public comment. Speaking from the public were: Bobbie Boyer, representing Family Care Network, thanked the Council for their consideration of their request and explained their plans for the funding; and Janna Nichols, representing 5 Cities Homeless Coalition, provided information on their application for funding assistance. No further public comments were received. Action: Mayor Pro Tem Brown moved to provide preliminary approval of proposed projects to be funded with the City’s allocation of CDBG funds for the Year 2018, as amended, to allocate $62,000 to the Family Care Network and $3,294 to the 5Cities Homeless Coalition. Mayor Hill seconded, and the motion failed on the following roll call vote: AYES: Brown, Hill NOES: Ray, Harmon ABSENT: Barneich Brief discussion and clarification ensued regarding the available funding in the housing rehabilitation and public services categories and the proposals for funding from the 5 Cities Homeless Coalition and Family Care Network. Action: Council Member Ray moved to provide preliminary approval of proposed projects to be funded with the City’s allocation of CDBG funds for the Year 2018, as amended, to allocate $58,000 to the Family Care Network and $7,294 to the 5Cities Homeless Coalition. Council Member Harmon seconded, and the motion passed on the following roll call vote: AYES: Ray, Harmon, Brown, Hill NOES: None ABSENT: Barneich Council Member Barneich returned to the meeting and took her place at the dais. 11. OLD BUSINESS None. 12. NEW BUSINESS None. 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 Item 9.c. - Page 7 Minutes: City Council Meeting Page 6 Tuesday, November 28, 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) (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 Following Council reports, Council Member Harmon requested that pursuant to Council Policy No. 8.1.a (Guidelines for Council Direction on Items from Appointed Boards and Committees), she would like to request that staff place on the January 9, 2018 agenda an item to discuss Five Cities Fire Authority staffing issues. The Council concurred. Council Member Ray asked City Manager Bergman for a status update on scheduling a future agenda item to discuss the Arroyo Grande Tourism Business Improvement District (TBID). City Manager Bergman indicated he was trying to meet with the TBID Board first and hopes to place the item on a Council Agenda in December or early January. 14. COUNCIL COMMUNICATIONS Council Member Barneich announced that Chipotle will be sponsoring a fundraiser for the 5 Cities Homeless Coalition on December 1, 2017; announced that there will be a “Teens Helping Seniors Tech Clinic” to be held in the Council Chambers on December 2, 2017; commented that the Heritage Square Park lights are out and need to be fixed; and asked if staff could provide links on the City’s website to the Zone 3 and Five Cities Fire Authority Agendas. Council Member Ray commented on complaints received that UPS trucks are pulling up and parking on the sidewalks in the Village and requested staff to look into the matter. Mayor Hill announced that “Elegant Night in the Village” will be held on December 4, 2017. He also requested a status update on the Halcyon/Brisco Road/Hwy 101 Interchange Project as an informational item at the next City Council meeting. The Council concurred. 15. COMMUNITY COMMENTS AND SUGGESTIONS None. 16. CLOSED SESSION None. Item 9.c. - Page 8 Minutes: City Council Meeting Page 7 Tuesday, November 28, 2017 17. ADJOURNMENT Mayor Hill adjourned the meeting at 9:34 p.m. ___________________________ Jim Hill, Mayor ATTEST: ___________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg _________) Item 9.c. - Page 9 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.c. - Page 10