Loading...
Minutes 2015-07-28 ACTION MINUTES REGULAR MEETINGS OF THE CITY COUNCIL TUESDAY, JULY 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 6:00 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro Tern Kristen Barneich and Mayor Jim Hill were present. City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham, Deputy City Clerk Kitty Norton, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, Chief of Police Steve Annibali, Associate Planner Matt Downing, City Engineer Matt Horn, and Public Works Director Geoff English. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 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. 6. SPECIAL PRESENTATIONS None. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who congratulated the City for winning the Arroyo Grande/Grover Beach Beautification Award for Hoosegow Park and offered an Invocation; Patty Welsh, Arroyo Grande, expressed concern about an aggressive dog at the Dog Park and would like to have the dog banned from the park; Jeannie Miranda, President, Village Homes HOA, stated she spoke with City staff regarding concerns about the park near her home being very dark due to a burglary at her home and requested a light be put in the park; Charles Varney, Oceano, spoke in support of agendizing the Phillips 66 Rail Spur project item, has distributed flyers to neighbors who are in the blast zone and urged the Council not to wait for the final EIR and put the matter on the agenda; Andrea Seastrand, Vice President, Central Coast Taxpayers Association, spoke regarding proposed changes to Proposition 13, concern about protecting homes and businesses, and Minutes: City Council Regular Meeting Page 2 Tuesday, July 28, 2015 read a letter that had been emailed to the Mayor and Council Members to protect Proposition 13; Tom Ryan, responded to false statements made about Phillips 66 and the article written in The Tribune; Linda Reynolds, Mesa Refinery Watch Group, spoke in opposition to the Rail Spur Project; Laurel Williams, Arroyo Grande, expressed concern with the schools and hospitals in the blast zone, along with the eucalyptus trees and potential of fire danger they cause, and opposed the Rail Spur project. Interim City Manager McFall suggested to Council that they could direct staff to place this item on a future agenda. Action: Council Member Guthrie moved to request staff to bring back the Phillips 66 Rail Spur item to the September 22, 2015 City Council meeting. Council Member Harmon seconded, and the motion passed unanimously by voice vote. Further public comment included: Kevin McCarthy, who thanked the Council for the generous rebate for his water efficient washing machine; John Wysong, Grover Beach, requesting help in getting a crosswalk at Oak Park Boulevard and Brighton Avenue, and also expressed concern with water; and Joe Ruler, expressed concern about changes to Proposition 13 and requested this item be put on a future agenda. Mayor Hill requested Item 16.a. be moved up on the Agenda. Mayor Pro Tem Barneich requested that if time permits they consider all Closed Session items at once. 16. CITY COUNCIL CLOSED SESSION: At 6:45 p.m., City Attorney Heather Whitham announced the City Council would adjourn to closed session to consider the following items: a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1): Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214 b. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Designated Representative: Bob McFall, Interim City Manager Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) c. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): potential litigation relating to contract with GLR Construction for Police Station Addition/Tennant Improvement Project, PW 2014-08. Mayor Hill invited public comment on the Closed Session items. No comments were received. Adjourned to Closed Session. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open session at 7:40 p.m. Minutes: City Council Regular Meeting Page 3 Tuesday, July 28, 2015 a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1): Name of Case: Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214 City Attorney Whitham announced that the Council received information and no reportable action was taken. b. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Designated Representative: Bob McFall, Interim City Manager Represented Employees: Arroyo Grande Police Officers' Association (AGPOA) City Attorney Whitham announced that the Council gave negotiating authority to the Interim City Manager. c. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION, significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): potential litigation relating to contract with GLR Construction for Police Station Addition/Tennant Improvement Project, PW 2014-08. City Attorney Whitham announced that the Council received information from legal counsel, Council provided direction, and no reportable action was taken. There was Council consensus to move Item 10.a. up on the Agenda. 10. OLD BUSINESS 10.a. Consideration of Revised Roadway Striping for Fair Oaks Avenue between Traffic Way and Woodland Drive. City Engineer Horn presented the staff report and recommended that the Council approve plans to revise roadway striping and marking configurations on Fair Oaks Avenue, between Traffic Way and Woodland Drive, to incorporate bicycle lanes. Staff responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Kenneth Price, Arroyo Grande, local cyclist, supported the restriping and stated the more safety the more people ride; Jim DeCecco, supported restriping to incorporate bicyle lanes; Lea Brooks, Bike SLO County, advocate for complete streets and support for the restriping of Fair Oaks Avenue; Patty Welsh, expressed concern about the oversized trucks and Governors' new law regarding staying 3 feet away from bicyclists; Beatrice Spencer, Arroyo Grande, expressed concern about the inexperienced drivers and does not support having the bike lane; Myron Amerine, San Luis Obispo County Bicycle Advisory Committee, gave Council information regarding Safe Routes to Schools and spoke regarding sharrows and supported restriping. Hearing no further comments, Mayor Hill closed the public comment period. Council discussion ensued regarding narrowing lanes, design immunity, sharrows, and support for the project. Minutes: City Council Regular Meeting Page 4 Tuesday, July 28, 2015 Action: Council Member Harmon moved to approve plans to revise roadway striping and marking configurations on Fair Oaks Avenue, between Traffic Way and Woodland Drive, to incorporate bicycle lanes. Mayor Pro Tern 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 8:48 p.m. The Council reconvened at 8:58 p.m. 8. CONSENT AGENDA In response to a question by Mayor Hill regarding Item 8.h. as it relates to the use of Smart Meters, staff explained that Smart Meters are very expensive compared to the water meters the City currently uses. Mayor Hill invited public comment on the Consent Agenda items. Hearing none, the Mayor closed the public comment period. Action: Mayor Pro Tem Barneich moved, and Council Member Harmon seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Harmon, Guthrie, Brown, Hill NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period June 16, 2015 through July 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 June 30, 2015, as required by Government Code Section 53646(b). 8.c. Consideration of a Resolution Authorizing the Fire Station Expansion General Obligation Bond Property Tax Levy Rate. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE STATION EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2015-16". 8.d. Consideration of a Resolution Establishing Job Descriptions and Salary Ranges for Several Positions. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING JOB DESCRIPTIONS AND SALARY RANGES FOR THE POSITIONS OF GEOGRAPHIC INFORMATION SERV ICES TECHNICIAN, UTILITIES MANAGER AND VOLUNTEER AND PROGRAM COORDINATOR". 8.e. Consideration of Approval of Exclusive Vendor Police Tow Service Agreements. Action: 1) Approved and authorized the City Manager to execute a two-year exclusive vendor police tow service agreement with College Towing South of Grover Beach for light-duty towing; and 2) Approved and authorized the City Manager to execute a two- Minutes: City Council Regular Meeting Page 5 Tuesday, July 28, 2015 year exclusive vendor police tow service agreement with Johnboy's Towing of Oceano for medium and heavy-duty towing. 8.f. Consideration to Authorize an Award of Bid for Police Fleet Leasing Program Including Vehicles, Financing and Upfitting, and Declaring Existing Vehicles as Surplus Property. Action: 1) Awarded a bid for the lease purchase of seven police staff vehicles to McPeek Dodge of Anaheim, CA; 2) Awarded a bid for lease financing to Rabobank / De Lage Landen Public Finance of Wayne, PA; 3) Awarded a bid for the equipment upfitting for the vehicles to Drive Customs of San Luis Obispo, CA; and 4) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING VEHICLES AS SURPLUS AND AUTHORIZING THEIR DISPOSAL". 8.g. Consideration to Approve the Purchase of Tank Mixers. Action: Approved the purchase of four (4) tank mixers for Reservoirs 1, 2, 4, & 5 in the amount of$34,484.80. 8.h. Consideration of Authorization to Purchase Water Meters. Action: Approved the purchase of water meters in the amount of$41,000. 8.i. Consideration of Acceptance of the Crown Terrace Sewer Replacement Project, PW 2015-05. Action: 1) Accepted the project improvements as constructed by D-Kal Engineering, Inc. in accordance with the plans and specifications for the subject project; 2) Directed the City Clerk to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.j. Consideration of Monthly Water Supply, Demand and Marketing Update. Action: Received and reviewed the monthly Water Supply, Demand and Marketing Update Report. 8.k. Consideration of Request from Planning Commissioner Keen for Consecutive Absences from Planning Commission Meetings. Action: Consented to three consecutive absences by Planning Commissioner Keen. 8.1. Consideration of Accepting Open Space Easement at the Heights at Vista Del Mar —Tract 3048. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING AN OPEN SPACE EASEMENT; LOCATED AT THE HEIGHTS OF VISTA DEL MAR (LOT 24 AND PORTIONS OF LOTS 3, 4, 5, 6, 7, 8, 9, AND 10)". 9. PUBLIC HEARINGS 9.a. Annual Public Hearing for the Arroyo Grande Tourism Business Improvement District. Interim City Manager McFall introduced the item and Director of Administrative Services Malicoat presented the staff report and recommended that the Council: 1) Hold a public hearing to receive testimony regarding the City Council's intention to continue the Arroyo Grande Tourism Business Improvement District (AGTBID) and levy an annual assessment for fiscal year 2015-16; 2) Determine whether a legally sufficient number of protests have been made; 3) If a legally sufficient protest is not made, adopt a Resolution levying an annual assessment for the AGTBID for the 2015-16 fiscal year; and 4) Adopt a Resolution approving the FY 2015-16 budget for the AGTBID. Minutes: City Council Regular Meeting Page 6 Tuesday, July 28, 2015 Mayor Hill opened the public hearing. Hearing no public comment, Mayor Hill closed the public hearing. Mayor Hill reopened the public hearing. Speaking from the public was Patty Welsh, Arroyo Grande, who stated that finding dog-friendly hotels is very difficult. Hearing no further comments, Mayor Hill closed the public hearing. Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2015-16 FISCAL YEAR"; and "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2015-16 BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Harmon, Barneich, Hill NOES: None ABSENT: None 9.b. Consideration of Conditional Use Permit 14-010; Sale of Distilled Spirits; Location — 1168 W. Branch Street; Applicant: Walmart Stores, Inc; Representative — Malou Reyes, Gresham-Savage. Associate Planner Downing presented the staff report and recommended the Council adopt a Resolution approving Conditional Use Permit Case No. 14-010 for the sale of distilled spirits at Walmart. Council questions ensued regarding identification procedures, hours of operation, and sale of alcohol as it relates to the age of the sales associate. Lisa Koleib, representing Walmart Stores Inc., spoke in support of the project and stated that the alcohol is sold at the checkout, and security cameras are strategically placed for the protection of the store and its customers. Mayor Hill opened the public hearing. Speaking from the public were: Patty Welsh, Arroyo Grande, questioned if the sale of alcohol is available at the self-checkout and expressed concern with possible theft; and Helen Gant Guillory, Arroyo Grande, expressed concern about theft at Walmart. Hearing no further comments, Mayor Hill closed the public hearing. Action: Council Member Harmon moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 14-010; LOCATED AT 1168 W. BRANCH STREET; APPLIED FOR BY WALMART STORES, INC.". Mayor Pro Tern Barneich seconded, and the motion passed on the following roll call vote: Minutes: City Council Regular Meeting Page 7 Tuesday, July 28, 2015 AYES: Harmon, Barneich, Guthrie, Brown, Hill NOES: None ABSENT: None 11. NEW BUSINESS 11.a. Consideration of Property at Flora Lane to be Considered for Agricultural Mitigation Land. Community Development Director McClish presented the staff report and recommended that the Council adopt a Resolution finding that the property at Flora Lane would serve as appropriate mitigation for the purposes of conversion of 13.1 acres of agricultural land. Council questions/comments ensued regarding reduction in land in order to mitigate, if a buffer is necessary, park development fees, bike/pedestrian connection, public safety and welfare, quality of soil, and purview to forgive acreage. Nick Tompkins, applicant, spoke to the widening of Cherry Street, and responded to concerns expressed by the Council. Mayor Hill invited public comment. Speaking from the public was Patty Welsh, Arroyo Grande, regarding the need to involve the Japanese Welfare Garden applicant. Hearing no further comments, Mayor Hill closed the public comment period. Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING THAT PROPERTY AT 1189 FLORA LANE BE CONSIDERED FOR AGRICULTURAL MITIGATION LAND (APN 007-781-032);APPLIED FOR BY NKT COMMERCIAL", as modified to read: WHEREAS, on May 21, 2015, NKT Commercial submitted a request to ensure that required agricultural requirements for the E. Cherry Ave. Specific Plan Subarea 2 could be satisfied through an agricultural conservation easement and associated agreements for water and access for 9.9 acres at 1189 Flora Road; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby consider that the proposed agricultural mitigation land at 1189 Flora Road in combination with the stated water rights and access considerations as included in draft form in Exhibit "A" attached hereto and incorporated herein by this reference constitutes appropriate mitigation for the conversion of 13.1 9.79 acres of prime agricultural land. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Barneich, Harmon, Hill NOES: None ABSENT: None At this time, Mayor Hill noted that pursuant to Council policy, the Council must vote unanimously to continue the meeting past 11:00 p.m. Minutes: City Council Regular Meeting Page 8 Tuesday, July 28, 2015 Action: Council Member Guthrie moved to continue the meeting past 11:00 p.m. Mayor Pro Tem Barneich seconded, and the motion passed unanimously by voice vote. 11.b. Consideration of Council Direction on the City's Water Conservation Incentive Programs. Community Development Director McClish presented the staff report and recommended that the Council: 1) Increase funding for the Cash for Grass Program for FY 2015-16 and FY 2016-17 and appropriate $131,000 from the Water Neutralization Fund in FY 2015-16 for the Program; and 2) Eliminate the following water conservation incentive programs for FY 2015-16 and FY 2016-17: a) Smart Irrigation Controllers; b) Landscape Irrigation Retrofit; c) System Water Loss Mitigation. Council questions ensued regarding reducing the public education campaign, State funding towards the cash for grass programs, City's turf program as it relates to trends throughout the City, elimination of the commercial program, timeline for cash for grass program, smart irrigation controllers, and cutting back the amount given per square foot. Mayor Hill invited public comment. Hearing none, Mayor Hill closed the public comment period. Action: Council Member Harmon moved to: 1) Increase funding for the Cash for Grass Program for FY 2015-16 and FY 2016-17 and appropriate $131,000 from the Water Neutralization Fund in FY 2015-16 for the Program; and 2) Eliminate the following water conservation incentive programs for FY 2015-16 and FY 2016-17: a) Smart Irrigation Controllers; b) Landscape Irrigation Retrofit; c. System Water Loss Mitigation. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll call vote: AYES: Harmon, Barneich, Guthrie, Brown, Hill NOES: None ABSENT: None 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) Minutes: City Council Regular Meeting Page 9 Tuesday, July 28, 2015 (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 Harmon requested Interim City Manager McFall follow up on the request for a light in the park as well as additional patrol of the area; and to place on a future agenda to move . forward with Proposition 13 discussion. Action: Council Member Harmon moved to place the issue regarding proposed changes to Proposition 13 on a future agenda. Council Member Guthrie seconded, and the motion passed unanimously by voice vote. Mayor Pro Tern Barneich commented on the aggressive dog at the Dog Park and requested that staff look into the problem. She also thanked Bob McFall for his service to the City as the Interim City Manager. All Council Members thanked Bob McFall for his service to the City. 14. STAFF COMMUNICATIONS: Interim City Manager McFall announced a meet and greet for the public to meet City Manager Dianne Thompson on August 11, 2015 in the Council Chambers from 4:30 — 6:00 p.m. and thanked the Council, community, and staff. 15. COMMUNITY COMMENTS AND SUGGESTIONS: None. ADJOURNMENT - Mayor Hill adjourned the meeting at 12:03 a.m. l . Ji Hill, Mayor EST: ITTTT _ Kitty N"on, Deputy City Clerk (Approved at CC Mtg g ci.51-o/0/S)