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Minutes 2015-04-28 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 28, 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 6:02 p.m. 2. ROLL CALL City Council: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tern Kristen Barneich, and Mayor Jim Hill were present. Staff Present: Interim City Manager Bob McFall, City Attorney Tim Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Director of Public Works Geoff English, Director of Community Development Teresa McClish, and City Engineer Matt Horn. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Remi Norton and Allie Donagan, representing Arroyo Grande High School Associated Student Body, led the Flag Salute. 5. AGENDA REVIEW Mayor Hill requested, and the Council concurred, to move New Business Item 11.d. up on the Agenda to be considered following the Consent Agenda. 5.a. Closed Session Announcements. April 14, 2015 Regular Meeting: Public Employment pursuant to Government Code Section 54957: Title: City Manager City Attorney Carmel reported that the Council met in closed session to discuss the status of the City Manager recruitment process, and no reportable action was taken. April 22, 2015 Special Meeting: Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Attorney City Attorney Carmel reported that the Council met in closed session to discuss his performance evaluation, and no reportable action was taken. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Mayor Pro Tern 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. Minutes: City Council Regular Meeting Page 2 Tuesday, April 28, 2015 6. SPECIAL PRESENTATIONS 6.a. Presentation - SLO Regional Rideshare and Bike Month Update. Peter Williamson, representing SLO Regional Rideshare, provided a presentation on SLO Regional Rideshare alternative transportation programs and highlighted upcoming events in May for Bike Month. 6.b. Honorary Proclamation Declaring May 9, 2015 as "Letter Carriers' Food Drive Day". Mayor Hill presented an Honorary Proclamation declaring May 9, 2015 as "Letter Carriers' Food Drive Day". Julie Turney and Colleen Regan, representing the United States Postal Service, accepted the Proclamation. 6.c. Mayor's Commendation Recognizing Richard DeBlauw for Providing a Warming Shelter Location for the Homeless this past Winter. Mayor Hill presented a Mayor's Commendation to Richard Deblauw in recognition for compassionately allowing his property to be used as an overnight warming shelter for homeless individuals during this past winter. Janna Nichols, representing the Five Cities Homeless Coalition, also thanked and recognized Mr. DeBlauw. 6.d. Mayor's Commendation in Appreciation of Arroyo Grande Cemetery District's Water Conservation Efforts. Mayor Hill presented a Mayor's Commendation to Arroyo Grande Cemetery District representatives Terry Fibich, Mike Marsalek, and Dr. Steve Flood in appreciation for the District's commitment to water conservation by participating in the city's Landscape Water Conservation Program and completing an irrigation system retrofit project in 2013. The project conserved 4.4 million gallons in the first year, resulting in a 49% water use reduction. 6.e. Presentation by Five Cities Fire Authority — Fire Chief's Report on Initial 90 Day Assessment and Budget Priorities. Fire Chief Lieberman gave a presentation regarding the Five Cities Fire Authority, upcoming budget priorities, and responded to questions from Council. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Pastor Randy Ouimette, Saint John's Lutheran Church, who invited the community to observe National Day of Prayer at Saint John's Lutheran Church on May 7, 2015 at 7:00 p.m., and concluded with an invocation; and Patty Welsh, Arroyo Grande, expressed concerns with people continuing to water their residential lawns, commended the businesses for their water conservation efforts, and expressed concerns about the water sign at the entrance to the Village. 8. CONSENT AGENDA Mayor Hill invited public comment on the Consent Agenda. No public comments were received. Mayor Hill stated that he was not present at the April 14th meeting and requested Item 8.c. be Minutes: City Council Regular Meeting Page 3 Tuesday, April 28, 2015 pulled for a separate vote. Council Member Harmon declared a conflict of interest regarding Item 8.e. due to ownership of real property near the project and requested the item be pulled for a separate vote. ITEM PULLED FROM THE CONSENT AGENDA 8.c. Consideration of Approval of Minutes. Recommended Action: Approve the minutes of the Regular City Council Meeting of April 14, 2015, and Special City Council Meeting of April 22, 2015, as submitted. Action: Council Member Brown moved to approve the minutes of the Regular City Council Meeting of April 14, 2015, and Special City Council Meeting of April 22, 2015, as submitted. Council Member Guthrie seconded, and the motion passed on a voice vote, with Council Members Brown, Harmon, Guthrie, and Mayor Pro Tern Barneich voting AYE and Mayor Hill abstaining. 8.e. Consideration of an Award of Contract to J&P Construction, Inc. for Construction of the Heritage Square Park Restroom Project, PW 2014-17. Recommended Action: 1) Award a contract for the Heritage Square Park Restroom Project to J&P Construction, Inc. in the amount of $118,782; and 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $11,878 for unanticipated costs during the construction phase of the project. Action: Council Member Brown moved to: 1) Award a contract for the Heritage Square Park Restroom Project to J&P Construction, Inc. in the amount of$118,782; and 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $11,878 for unanticipated costs during the construction phase of the project. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll-call vote: AYES: Brown, Barneich, Guthrie, Hill NOES: None ABSENT: Harmon CONSENT AGENDA Action: Council Member Brown moved, and Mayor Pro Tern Barneich seconded the motion to approve Consent Agenda Items 8.a:, 8.b., 8.d., 8.f., and 8.g. with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Barneich, Guthrie, Harmon, Hill NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period April 1, 2015 through April 15, 2015. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of March 31, 2015, as required by Government Code Section 53646(b). Minutes: City Council Regular Meeting Page 4 Tuesday, April 28, 2015 8.d. Consideration of a Resolution Approving an Application by NKT Commercial to Drill and Install Replacement Agriculture Well on a Property Zoned Agriculture; Location — 1189 Flora Road (APN 007-761-032); Staff Project Case No. 15-002. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN APPLICATION TO DRILL A REPLACEMENT AGRICULTURE WELL ON A PROPERTY ZONED AGRICULTURE (STAFF PROJECT CASE NO. 15-002); LOCATED AT 1189 FLORA ROAD (APN 007- 781-032);APPLIED FOR BY NKT COMMERCIAL. 8.f. Consideration of a Resolution to Approve the Amended and Restated San Luis Obispo Regional Hazardous Materials Cooperative Agreement. Action: 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE AMENDED AND RESTATED SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS COOPERATIVE AGREEMENT", which includes: a) an increase in annual membership fees for participating in the Team; b) amendments to and restatement of the Cooperative Agreement governing the Team; and c) the County's continued participation in the Team; and 2) Authorized the Mayor to sign the amended and restated Cooperative Agreement. 8.g. Monthly Water Supply and Demand Update. Action: Received and reviewed the monthly Water Supply and Demand Update report. 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.d. Consideration of a Resolution Confirming the Appointment of Dianne Thompson as City Manager for the City of Arroyo Grande. Interim City Manager McFall presented the staff report and recommended that the Council adopt a Resolution confirming the appointment of Dianne Thompson as City Manager for the City of Arroyo Grande and authorizing the Mayor to execute the Employment Agreement. Mayor Hill invited public comment. No public comments were received. Council comments ensued in support of the appointment. Action: Council Member Guthrie moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPOINTING DIANNE THOMPSON AS CITY MANAGER FOR THE CITY OF ARROYO GRANDE AND AUTHORIZING THE MAYOR TO EXECUTE THE EMPLOYMENT AGREEMENT". 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 Minutes: City Council Regular Meeting Page 5 Tuesday, April 28, 2015 Ms. Thompson thanked the Council for selecting her as the City Manager, stated she is looking forward to working with the Council, staff, and community in order to maintain and preserve this wonderful community. Mayor Hill called for a break at 6:55 p.m. The Council reconvened at 7:10 p.m. 11.a. Consideration of Pre-Application No. 14-006 for a 13-Lot Residential Subdivision; General Plan Amendment, Development Code Amendment, Tract Map, and Planned Unit Development; Location — Rodeo Drive and Grace Lane (APN 007- 011-041); Applicant—Colmer Construction; Representative—Wayne Colmer. Mayor Hill declared a conflict of interest on this item due to ownership of real property near the project, stepped down from the dais, and left the room. Mayor Pro Tern Barneich took over as Presiding Officer. Associate Planner Heffernon presented the staff report and recommended that the Council review the conceptual plans and provide comments to the applicant. Staff responded to questions from Council. Wayne Colmer, applicant, thanked the City for the pre-application process; acknowledged the need to demonstrate water offsets at 2:1, provided a presentation of the project; and answered questions regarding the increased density; height of retaining walls; height difference between one and two story homes; and lot sizes. Kirby Gordon, property owner, commented on the history of the parcel, the proposed realignment of Grace Lane within the project which will meet Circulation Element objectives; commented on smaller lot sizes and leaving more natural open space. Jeff Emrick, representing the applicant, commented on smaller lots using less water and that a water analysis will be completed to mitigate water use. Mayor Pro Tern Barneich invited public comment. Speaking from the public were: Patty Welsh, Arroyo Grande, regarding the proposed project as it relates to lot sizes, additional traffic, water pressure, parking and water use; Bob Miller, Via Vaquero, expressed concern about negative impacts to property values in the surrounding area and prefers development that is more commensurate with the existing home and lot sizes, and requested the fence line along the back of Rancho Grande properties be preserved; Mike Furman, Via Vaquero, expressed concern about smaller lot sizes, and preferred larger lot sizes with larger homes; Beatrice Spencer, Arroyo Grande, expressed concerns about negative impacts to property values of existing homes, smaller lots and smaller backyards, and retaining wall heights; John Spencer, Arroyo Grande, requested the notification area be expanded for the project; Colleen Martin, Arroyo Grande, opposed the proposed project with 13 units, commented on street width and parking for residents, and stated the project should meet the current General Plan density requirement for seven homes. No further public comments were received. Follow-up questions from Council ensued regarding on and off-site parking within the proposed project; retaining walls; zoning and land use designations; ADA requirements for sidewalk width; and public notification regarding the proposed project. Minutes: City Council Regular Meeting Page 6 Tuesday, April 28, 2015 Council comments ensued regarding previous rezoning for the Grace Lane project; water impacts and the need to justify additional water use; that the increased density is a good use of the land if the water issues are resolved; recognition that property values are different based on when existing units were built; that the project is adequately parked; that more information is needed on the fence issue; support for the proposed retaining walls; support for the expanded public noticing that took place for this type of project; acknowledgement that the project does not meet General Plan requirements for density and water availability due to the additional units proposed; support for the proposed street and driveway parking and the two units off of Grace Lane; that this is not a transitional project and should have homes similar in size with the existing neighborhood; does not support proposed water neutralization calculation methods for additional units; concerns about drainage and percolation; support for a 7 unit project with no additional water requirements; concern with a higher density project which is not consistent with the Land Use Element; that two-story homes are inconsistent with the existing neighborhood development; concern with impact on existing home values; that a single family low density project would be better considering the water issues; that this is an in-fill project that could provide more affordable homes by design and would be desirable for families, although the water requirements remain a concern; appreciation for saving the Oak tree; and that a water study will be important. There was no formal action taken on this item. Mayor Hill returned to the meeting and took his place at the dais. 11.b. Consideration of Request to Install Additional Stop Signs at the Intersection of Le Point Street at McKinley Street. City Engineer Horn presented the staff report and recommended that the Council: 1) Direct staff to obtain a consultant to complete a Traffic Circulation Study that will review alternatives for Crown Hill/Le Point/McKinley neighborhood; 2) Approve the installation of interim stop signs on Le Point Street at McKinley Street and a stop ahead sign between McKinley Street and Highway 227 and reevaluate performance during circulation study review; 3) Direct staff to work with property owner of 207 McKinley Street to trim vegetation on property within sight distance triangle area; 4) Direct staff to restrict parking on areas of Le Point Street and McKinley Street; and 5) Direct staff to develop a Policy and Procedure for staff and residents to follow to request and evaluate traffic calming measures. Mayor Hill invited public comment. Speaking from the public were Patty Welsh, expressing concerns about the speed bumps on Rodeo Drive, and that a traffic study should be conducted during peak school hours; and Heather Jensen, Arroyo Grande, stated she was pleased that staff is working on a circulation plan for this area, commented on increased traffic on Le Point Street, and suggested that future public notifications be sent by regular mail. No further public comments were received. Action: Council Member Harmon moved to: 1) Direct staff to obtain a consultant to complete a Traffic Circulation Study that will review alternatives for Crown Hill/Le Point/McKinley neighborhood; 2) Approve the installation of interim stop signs on Le Point Street at McKinley Street and a stop ahead sign between McKinley Street and Highway 227 and reevaluate performance during circulation study review; 3) Direct staff to work with property owner of 207 McKinley Street to trim vegetation on property within sight distance triangle area; 4) Direct staff Minutes: City Council Regular Meeting Page 7 Tuesday, April 28, 2015 to restrict parking on areas of Le Point Street and McKinley Street; and 5) Direct staff to develop a Policy and Procedure for staff and residents to follow to request and evaluate traffic calming measures. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll call vote: AYES: Harmon, Barneich, Guthrie, Brown, Hill NOES: None ABSENT: None Mayor Hill called for a break at 9:05 p.m. The Council reconvened at 9:10 p.m. 11.c. Consideration of the Status of the City's California Public Employees' Retirement System (CaIPERS) Plans from the City's Independent Actuary. Administrative Services Director Malicoat recommended the City Council receive and review information on the status of the City's retirement plans with the CaIPERS from the City's independent actuary, Bartel Associates, LLC. Mary Beth Redding, Bartel Associates, LLC, provided a presentation on the actuarial analysis of the City's retirement system plans and responded to questions from Council. Mayor Hill invited public comment. Speaking from the public was Julie Tacker, expressing concern that Five Cities Fire Authority impacts were not addressed in the presentation, referred to the Chief's earlier presentation about deficits in service he would like to fill that would increase pay and affect contributions; and stated that until the City gets a handle on its unfunded liability, those issues should wait. No further public comments were received. Director Malicoat responded that an actuarial analysis was completed for the Five Cities Fire Authority and that information is available for public review. There was no formal action taken on this item. The CaIPERS Actuarial Issues report for the Miscellaneous and Safety Plans was received and filed. 11.e. City Attorney Succession and Transition Plan. City Attorney Carmel presented the staff report and recommended that the Council receive and file the City Attorney Succession and Transition Plan. Interim City Manager McFall provided further background information on Heather Whitham, who would be transitioning in as the City Attorney, as well as attorneys David Hirsch and Mike McMahon who would continue to work on current City issues regarding water regulations, water conservation programs, and personnel. Mayor Hill invited public comment. Speaking from the public were: Terry Fibich, in support of the service City Attorney Carmel has provided since 1993 and thanking him for his work on the bond measure for the fire station expansion project; and John Keen, in support of City Attorney Carmel and thanking him for all his good work for the City. No further public comments were received. Minutes: City Council Regular Meeting Page 8 Tuesday, April 28, 2015 No formal action was taken on this item. The City Attorney Succession and Transition Plan was received and filed. 12. 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 Barneich: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) (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 (d) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (e) Council Member Harmon: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) 13. COUNCIL COMMUNICATIONS Council Member Guthrie reported that he attended the Pismo Beach City Council meeting regarding recycled water. Mayor Pro Tern Barneich requested that future public noticing regarding the McKinley traffic circulation item should be mailed. Mayor Hill reported that he also attended the Pismo Beach City Council meeting regarding recycled water and that Council would be receiving copies of the report; commended Recreation Services Director Rogers and staff for the success of the Annual Egg Hunt and Festival; attended the Arbor Day celebrations; attended the Howard Mankins Hoosegow Park Ribbon Cutting Ceremony; stated that Southern California Gas Company is doing hydro-testing and commended them on traffic control and project management; and announced that Ember Restaurant in Arroyo Grande was recently featured in Westways magazine. Minutes: City Council Regular Meeting Page 9 Tuesday,April 28, 2015 14. STAFF COMMUNICATIONS None. 15. COMMUNITY COMMENTS AND SUGGESTIONS Julie Tacker commented that it has been less than five months since the election, wished City Attorney Carmel well, commented that the changing of the guard is refreshing, and observed that change is good. 16. CLOSED SESSION None. 18. ADJOURNMENT Mayor Hill adjourned th meeting at 11:10 p.m. lE- Ji Hill, Mayor TES . Kelly -tmo'e, City Clerk (Approved at CC Mtg 5-!2-204 5)