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Minutes 2015-06-23 SP ACTION MINUTES SPECIAL MEETING OF THE CITY COUNCIL AND REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, JUNE 23, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL MEETING 5:30 P.M. CALL TO ORDER: Mayor Hill called the Special City Council Meeting to order at 5:34 p.m. ROLL CALL: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, and Mayor Jim Hill were present. Mayor Pro Tern Kristen Barneich was absent. Interim City Manager Bob McFall, City Attorney Heather Whitham, and City Clerk Kelly Wetmore were also present. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None. CITY COUNCIL CLOSED SESSION: 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 would adjourn to closed session to consider matters relating to Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV 770214. RECONVENE: Mayor Hill reconvened the meeting to open session at 6:23 p.m. REGULAR MEETING 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:23 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, and Mayor Jim Hill were present. Mayor Pro Tern Kristen Barneich was absent. City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, 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, Capital Projects Engineer Mike Linn, and Public Works Director Geoff English. Minutes:City Council Regular Meeting Page 2 Tuesday,June 23,2015 3. MOMENT OF REFLECTION 4. FLAG SALUTE Paul Jones, representing Rotary Club of Pismo Beach — Five Cities, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. City Council Special Meeting of: June 23, 2015 • 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 there was no reportable action taken. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Council Member Guthrie 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 PG&E Regarding LED Streetlight Upgrade Project. Eric Daniels, representing PG&E, provided a presentation regarding the replacement of non- decorative streetlights with LED streetlights within the City, the timeline for the project, and outreach efforts being undertaken to notify the public. Mayor Hill requested that Item 10.a. (Presentation by Southern California Gas Company) be moved up on the Agenda at this time. 10.a. Presentation by Southern California Gas Company on the Pipeline Safety Enhancement Project Including Line Replacement Routing, Director of Public Works English provided introductory comments and recommended the Council receive and comment on a presentation by Southern California Gas Company staff on the next phase of the proposed Pipeline Safety Enhancement project (PSEP) including replacement line routing. Tim Mahoney, Public Affairs Manager, Mark Holden, Project Manager, and Olga Quinones, Community Education and Outreach Manager, representing Southern California Gas Company (SoCalGas), presented the next phase of the Pipeline Safety Project which includes the proposed route for the line replacement portion of the Pipeline Safety Enhancement Project, and the project timeline which includes breaking ground in 2016. Staff and SoCalGas representatives then responded to questions from Council regarding the proposed routing, environmental determinations relating to archaeological resources; obtaining appropriate permits; and public outreach efforts. Minutes:City Council Regular Meeting Page 3 Tuesday,June 23,2015 Mayor Hill invited public comment. Speaking from the public was Steve Ross, Arroyo Grande, expressing concern about impacts to Fair Oaks Avenue after it has been resurfaced and resealed. In response to public comment, Director English provided clarification on the slurry seal project scheduled for Fair Oaks Avenue and noted that PG&E would be required to pave one full lane width following the PSEP project. Mr. Mahoney stated that PG&E guarantees for life all repair work following street cuts. No formal action was taken. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Jonathan Rubaski, ARC member, who referred to the Figueroa Mountain Brewery project and expressed concern that the applicant had not complied with changes recommended by the ARC and expressed concern regarding the project review and approval process. In response to a request by Mayor Hill, Interim City Manager McFall provided a brief update on the review process and the Planning Commission's final determination of the project. In response to a request by Council Member Brown, staff and legal counsel briefly described Council policy concerning appeals brought by the Council. Mayor Hill invited additional public comment. Speaking from the public were Steve Ross, Arroyo Grande, who inquired whether the ARC directed Mr. Rubaski to speak on their behalf as he did not state he was speaking as an individual; Beatrice Spencer, Arroyo Grande, who commented that she watched the Planning Commission meeting and expressed concern about non-compliance, and she also stated she was sad to hear that the Girls' Restaurant is moving out of their location because their rent is being tripled by the developer, and stated that the City's economic development efforts need to support the long-time locally owned businesses in the community; Aaron Henkel, Arroyo Grande, commented on transparency and that no one has any idea how much time staff is billing or spending on projects and wondered how staff accounts for their time. 8. CONSENT AGENDA Council Member Harmon requested that Item 8.e. be pulled, and Mayor Hill requested that Item 8.j. be pulled. Mayor Hill invited public comment on the Consent Agenda. Speaking from the public were Beatrice Spencer, Arroyo Grande, regarding Item 8.1. stating that she had received her letter from the City regarding water consumption and then commented on the statistical summary provided by Verdin Marking; Alicia Lara, Arroyo Grande, referred to Item 8.i., regarding the Brisco Road Overlay from El Camino to W. Branch Street which is to start in mid July and expressed concern with the project timing as there would be an impact if the ramps are closed. In response to public comment on Item 8.i., Capital Projects Engineer Linn noted that this was a maintenance project requested by CalTrans which would occur at night and should have no impact on residents. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.e. and 8,j., with the recommended courses of action. The motion passed on the following roll-call vote: _ Minutes:City Council Regular Meeting Page 4 Tuesday,June 23,2015 AYES: Brown, Guthrie, Harmon, Hill NOES: None ABSENT: Barneich 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period June 1, 2015 through June 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 May 31, 2015, as required by Government Code Section 53646(b). 8.c. Consideration of Resolutions Establishing Salary and Benefits for Management and Part-Time Employees. Action: 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING PAY RATES AND BENEFITS FOR UNREPRESENTED MANAGEMENT EMPLOYEES"; and 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING PAY RATES AND BENEFITS FOR UNREPRESENTED PART- TIME EMPLOYEES". 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency Meeting of June 9, 2015, and the Special City Council Meeting of June 11., 2015, as submitted. 8.f. Consideration of Appointment to Arroyo Grande Tourism Business Improvement District Advisory Board. Action: Appointed Troi Hoffman to the Arroyo Grande Tourism Business Improvement District (AGTBID) Advisory Board. 8.g. Consideration of Temporary Use Permit Case No. 15-010 to Authorize the Use of City Property and the Closure of City Streets and Waiver of Application Fees for the 26th Annual Arroyo Valley Car Club Sunset Cruise on July 24, 2015 and Car Sho on July 25, 2015. Action: Considered the request from the Arroyo Valley Car Club and adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 15-010, AUTHORIZING THE USE OF CITY PROPERTY, THE CLOSURE OF CITY STREETS, AND THE WAIVER OF APPLICATION FEES FOR THE 2015 ARROYO VALLEY CAR CLUB SUNSET CRUISE ON JULY 24, 2015 AND THE 26TH ANNUAL CAR SHO ON SATURDAY, JULY 25, 2015". 8.h. Consideration of a License Agreement with HIOJT Ranches to Provide for the Use of Real Property for a Police Department Firearms Range. Action: Approved the License Agreement with HIOJT Ranches for the use of real property for a police department firearms range and authorized the Mayor to execute the Agreement. 8.i. Consideration of an Award of Contract to R. Burke Corporation for Construction of the 2015 Street Repairs and Brisco Road Asphalt Overlay: El Camino Real to West Branch Street, PW 2015-06. Action: 1) Awarded a contract for construction of the subject project to R. Burke Corporation in the amount of $524,660; 2) Authorized the Interim City Manager to approve change orders for 10% of the contract amount, $52,466, for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. 8.k. Consideration of an Award of Contract to V. Lopez Jr. and Sons, GEC Inc. for Construction of the 2015 Citywide Concrete Repair Project, PW 2015-02. Minutes:City Council Regular Meeting Page 5 Tuesday,June•23,2015 Action: 1) Awarded a contract for construction of the 2015 Citywide Concrete Repair Project to V. Lopez Jr. & Sons, GEC Inc. in the amount of$90,777.50; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $9,078.00 for additional work and unanticipated costs during the construction phase of the project; 3) Rolled Forward $10,000.00 from the FY 2014/15 Street Maintenance Fund for the project; and 4) Directed the City Clerk to file a Notice of Exemption. 8.1. Consideration of Monthly Water Supply, Demand and Marketing Update. Action: Received and reviewed the monthly Water Supply, Demand and Marketing Update Report. 8.m. Consideration of Acceptance of the Police Station Addition/Tenant Improvements Project, PW 2014-08. Action: 1) Accepted the project improvements as constructed by GLR Construction, Inc. in accordance with the plans and specifications for the subject project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, after the Notice of Completion has been recorded, if no liens have been filed. 8.n. Consideration of Annual Report and Adoption of Resolution of Intention for Levy of Annual Assessment for Arroyo Grande Tourism Business Improvement District. Action: 1) Received and approved the annual report of the Arroyo Grande Tourism Business Improvement District Advisory Board (AGTBID); 2) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE OF INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE AGTBID AREA FOR FISCAL YEAR 2015-16 AT THE SAME RATE AS IN FISCAL YEAR 2014-15"; and 3) Set the date for the public hearing for July 28, 2015. ITEMS PULLED FROM CONSENT AGENDA 8.e. Consideration of Consultant Services Agreement with RG Pacific for Tourism Marketing Services. Recommended Action: Approve a consultant services agreement with RG Pacific for tourism marketing services to assist the Arroyo Grande Tourism Business Improvement District. Council Member Harmon stated it was important to add that Arroyo Grande is identified as a Bicycle Friendly Community and to promote the Central Coast Classique coming up on August 22nd; to identify the cycling routes in Arroyo Grande; and expressed concern that RG Pacific's Plan promotes the Pismo Outlets and needs more emphasis on the shopping available in Arroyo Grande. Judith Bean, representing Arroyo Grande Grover Beach Chamber of Commerce, stated that this was good feedback and that RG Pacific is very receptive to ideas and further commented on the review of their RFP and that it will be good to have a new marking perspective. Action: Council Member Harmon moved to approve a consultant services agreement with RG Pacific for tourism marketing services to assist the Arroyo Grande Tourism Business Improvement District. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Guthrie, Brown, Hill NOES: None ABSENT: Barneich Minutes:City Council Regular Meeting Page 6 Tuesday,June 23,2015 8.j. Consideration of an Award of Contract to American Asphalt South, Inc. for Construction of the 2015 Street Resurfacing Project; PW 2015-07; and Adoption of a Resolution Establishing the Speed Limit on Fair Oaks Avenue from Valley Road to Orchard Street. Recommended Action: 1) Award a contract for the 2015 Street Resurfacing Project to American Asphalt South, Inc. in the amount of$239,817.90; 2) Authorize the Interim City Manager to approve change orders for 10% of the contract amount, $23,982.00 for unanticipated costs during the construction phase of the project; 3) Approve plans to revise roadway striping and marking configurations on Fair Oaks Avenue, between Valley Road and Orchard Street, to incorporate bicycle lanes; 4) Adopt a Resolution to lower the posted speed limit on Fair Oaks Avenue, between Valley Road and Orchard Street, from 40 MPH to 35 MPH to enable the placement of bicycle "Sharrows"; and 5) Direct the City Clerk to file a Notice of Exemption. Mayor Hill expressed concerns regarding the narrow lanes by Arroyo Grande High School, and the large number of accidents in that area. He supported lowering the speed limit and suggested that this be done as a first step in order to observe the results, prior to revising the striping for bike lanes. City Engineer Horn provided background information regarding the design for Fair Oaks Avenue that includes a Class II bike lane from Traffic Way to Orchard, explained the concept of bicycle sharrows, and the increasing number of requests for bike lanes in the City. Mayor Hill invited public comment. Speaking from the public was Beatrice Spencer, Arroyo Grande, who agreed with Mayor Hill, and stated that there are distracted drivers, bus, truck and farm equipment traffic in this area and opposed the plans to revise the roadway striping to incorporate bike lanes; Steve Ross, Arroyo Grande, stated he is a member of the City's Traffic Commission and the Citizens Transportation Advisory Committee (CTAC), and noted that Caltrans data shows narrowing of lanes in general increases accidents; and Aaron Henkel, Arroyo Grande, who commented that there are differences between Elm Street and Fair Oaks Avenue and opposed the proposed plan for bike lanes on Fair Oaks Avenue. Council Member Guthrie commented that the portion of this item relating to the bike lanes would be worth bringing back as a regular business item with presentations and diagrams and an opportunity to hear from the bicycle community. Director English stated that the design for the striping could come back on the July 28th meeting agenda. Action: Mayor Hill moved to: 1) Award a contract for the 2015 Street Resurfacing Project to American Asphalt South, Inc. in the amount of $239,817.90; 2) Authorize the Interim City Manager to approve change orders for 10% of the contract amount, $23,982.00 for unanticipated costs during the construction phase of the project; 3) Direct staff to further study and bring back to Council for direction regarding the revising of roadway striping and marking configurations on Fair Oaks between Valley Road and Orchard with respect to bicycle lanes and other proposed alterations; 4) Adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE SPEED LIMIT ON FAIR OAKS AVENUE", as amended, based on the findings of the traffic study"; and 5) Direct the City Clerk to file a Notice of Exemption. Council Member Harmon seconded, and the motion passed on the following roll call vote: AYES: Hill, Harmon, Guthrie, Brown NOES: None ABSENT: Barneich Minutes:City Council Regular Meeting Page 7 Tuesday,June 23,2015 9. PUBLIC HEARINGS None. 10. OLD BUSINESS 10.b. Consideration of Local Sales Tax 10-Year Plan. [CC/SUCCESSOR AGENCY] Interim City Manager McFall presented the staff report and recommended the Council: 1) Provide direction on proposed projects funded through the Local Sales Tax; 2) Approve the Local Sales Tax 10-Year Plan; and 3) Amend the FY 2015-16 Budget to reflect the approved expenditures from the Local Sales Tax Fund. Brief Council comments ensued regarding the. structure of the Local Sales Tax Fund. Staff provided an overview of projects that are currently funded and in progress and requested direction from Council Mayor Hill invited public comment. Speaking from the public expressing concerns about how the local sales tax is being allocated and requesting clarification were: Steve Ross, Arroyo Grande; Beatrice Spencer, Arroyo Grande; and Patty Welsh, Arroyo Grande. Hearing no further comments, Mayor Hill closed the public comment period. Following Council comments, Interim City Manager McFall provided a summary of Council direction for amending the Local Sales Tax Fund as follows: Eliminate projects that have been identified on Attachment 1 under "Projects to be Reviewed" (Traffic/Pedestrian Safety Improvement Program); Project Studies and Planning; Various Park Equipment and Improvements; Street Tree Trimming; Various Drainage - CMP Replacements; Stormwater Plan; Emergency Operations Center; Various Facility Repairs; Recreation Center Operations; and Transfers to General Fund Operations); and to eliminate ADA improvements. Action: Council Member Guthrie moved to adopt the local sales tax budget as amended by moving all of the items under"Projects to be Reviewed" to the fund balance, along with the ADA improvements, and that for future years, funds that are not previously allocated would be zeroed out and moved to the fund balance. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Brown, Harmon, Hill NOES: None ABSENT: Barneich Mayor Hill called for a break at 9:15 p.m. The Council reconvened at 9:26 p.m. 11. NEW BUSINESS 11.a. Presentation of the Annual Report for the 2014 Northern Cities Management Area and Status of Regional Recycled Water Projects. Community Development Director McClish presented the staff report and recommended the Council: 1) Receive the presentation for the 2014 Northern Cities Management Area annual report; and 2) Provide direction to staff regarding continued collaboration and participation in the regional recycled water projects. Dan Heimel, Water Systems Consulting, presented the NCMA Annual Report and responded to questions from Council. Minutes:City Council Regular Meeting Page 8 Tuesday,June 23,2015 Mayor Hill invited public comment. Speaking from the public were: Alicia Lara, Arroyo Grande regarding groundwater pumping and monitoring; Beatrice Spencer, Arroyo Grande, regarding the one time seawater intrusion event which was traced back to an uncapped well, and stated that more facts are needed. Ben Fine, City of Pismo Beach Public Works Director, gave a presentation on its recycled water project and responded to questions from Council. Mayor Hill invited public comment on the presentation. Speaking from the public was Beatrice Spencer, Arroyo Grande, commented that Arroyo Grande, in conjunction with the Sanitation District, is already committed to one recycling project and asked if the City joined with Pismo, can the City afford both projects; commented on water supply being piped through oil pipelines; commented on agency funding contributions; and commented on projects located near the airport that would need FAA approval. Dan Heimel provided a status update on the SSLOCSD Satellite Water Resource Recovery Facility Planning Study and OCSD Groundwater Recharge Study. Mayor Hill invited final public comment. Speaking from the public was Patty Welsh, Arroyo Grande, expressing concern that the City of Pismo Beach has two approved hotel projects to be built and that they also want to build out in Price Canyon. Further Council comments and questions of staff ensued. Mayor Hill suggested that a regional, noticed meeting of all jurisdictions be held to discuss the options. Action: Mayor Hill moved to authorize staff to participate with the City of Pismo Beach to work out some of the details of the project and gather additional information; to authorize staff to participate in testing and characterizing the aquifer; to authorize staff to look into arrangement of a multi jurisdictional regional meeting to consider governance issues if the Council decides to move forward. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Hill, Guthrie, Brown, Harmon NOES: None ABSENT: Barneich Council Member Brown commented on the late hour and that the next item is a serious issue. He suggested that the Council not proceed past 11:00 p.m. and that the next item be placed on the next agenda. Mayor Hill noted that pursuant to Council policy, the Council must vote to continue the meeting past 11:00 p.m.. Action: Council Member Harmon moved to continue the meeting and conclude this agenda as people have been waiting for the next item. Council Member Guthrie seconded the motion, with a friendly amendment to table Council Reports. Council Member Harmon agreed to the amendment. The motion failed on a 3-1-1 voice vote with Council Member Brown voting No and Mayor Pro Tern Barneich being absent. City Attorney Whitham clarified that Council policy requires a unanimous vote to continue the meeting past 11:00 p.m. Minutes:City Council Regular Meeting Page 9 Tuesday,June 23,2015 Action: Council Member Guthrie moved to continue the meeting until 11:30 p.m. Mayor Hill seconded, and the motion passed unanimously by voice vote. 11.b. Consideration of Temporary Ramp Closure for the Brisco Road-Halcyon Road /Highway 101 Project Community Development Director McClish introduced the item and City Engineer Horn presented the staff report and recommended that the Council provide direction to staff regarding developing a work plan with Caltrans for a temporary ramp closure for the Brisco Road-Halcyon Road/Highway 101 project once the project report is complete. Staff then responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Alicia Lara, Arroyo Grande, expressing concern over the delay in time for bringing this item to the Council; commented on school being out for the summer as it relates to traffic counts; and expressed concern that stakeholders were not notified of this item; Aaron Henkel, Arroyo Grande, commented on costs to finish the project, that City staff should track time spent on the project; commented on public notification, asked about status of the draft environmental document; commented that a funding source must be identified in the Draft Project Report, and commented on the proposed ramp closure; and Beatrice Spencer, Arroyo Grande, expressed concern with the estimated project costs, suggested that Alternative 4C be dropped as the City cannot afford it, and supported Alternative 1. At 11:30 p.m., Mayor Hill asked for a motion to continue with the meeting. Action: Council Member Brown moved to continue the meeting until 11:45 p.m. Council Member Guthrie seconded, and the motion passed unanimously by voice vote. . Council comments ensued regarding the proposed temporary ramp closure. Action: Council Member Guthrie moved to direct staff to move forward with the temporary ramp closure and that it will not interfere with the current work on the Brisco Interchange Project. Council Member Harmon asked if the findings of the ramp closure should be incorporated into a supplemental report in consideration with the Brisco project. Council Member Guthrie agreed to amend his motion to include that direction to staff. Council Member Harmon seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Harmon, Brown, Hill NOES: None ABSENT: Barneich 12. COUNCIL REPORTS: This item was.tabled to the next regular meeting. 13. COUNCIL COMMUNICATIONS: Council Member Harmon expressed concern that The Girls Restaurant is being displaced based on modifications to the Elm Street Center and asked staff to provide follow up information on the matter. 14. STAFF COMMUNICATIONS: None. Minutes:City Council Regular Meeting Page 10 Tuesday,June 23,2015 15. COMMUNITY COMMENTS AND SUGGESTIONS: None. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 11:44 p.m. 1— Ji Hill, Mayor TTEST: 0'c 1 1 / zOtattafAt- • Kelly et re, City Clerk (Approved at CC Mtg 8.-2.5-�0!5 ) I