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Minutes 2015-09-08 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 8, 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 Tem Kristen Barneich and Mayor Jim Hill were present. Staff Present: City Manager Dianne Thompson, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Director of Recreation Services John Rogers, Public Works Director Geoff English, and Five Cities Fire Authority Fire Chief Steve Lieberman. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Station 1 Crew Members, representing the Five Cities Fire Authority, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 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 SLO Regional Rideshare regarding Rideshare Month (October) Peter Williamson, San Luis Obispo Council of Governments (SLOCOG) Rideshare Outreach Coordinator, gave a presentation regarding October Rideshare Month. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Kenneth Price, SLO Bike Club Safety Director,, expressed appreciation for the bicycle sharrows on Fair Oaks Avenue and increased safety for all to travel; and requested consideration of creating a Class 2 bike lane on Hwy 227 and fog lines on Corbett Canyon; Patty Welsh, Arroyo Grande, regarding unpermitted Airbnb's in Arroyo Grande that are not following City regulations; Pastor Randy Ouimette, Arroyo Grande, commented on the vibrancy of the Village, acknowledged staff and the Village Improvement' Association for their hard work, referred to water conservation efforts and commended staff for all the good being done among many challenges, and provided an Minutes: City Council Regular Meeting Page 2 Tuesday, September 8, 2015 invocation; Aaron Henkel, Arroyo Grande, commented on the closure of the Girl's restaurant, and expressed concern that the sidewalk on E. Grand Avenue at Elm Street is blocked which is - creating a safety hazard and expressed concern about the construction detour, particularly for those who need wheelchair accessibility; and Beatrice Spencer, Arroyo Grande, thanked staff for the repair of the bump in the street on Rancho Parkway. 8. CONSENT AGENDA Council Member Barbara Harmon requested Item 8.f. be pulled. Council Member Tim Brown requested Item 8.c. be pulled. Mayor Pro Tern Barneich asked to make a comment on Item 8.d. Mayor Hill invited public comment on the Consent Agenda. John Keen, Arroyo Grande, referred to Item 8.c. and requested the Council add language to the Resolution to include "all Council appointed boards and commissions"; Sharon Kimball, First Vice President, League of Women Voters, thanked the Council for their consideration to adopt a Resolution on Civil Discourse; Patty Welsh, commented on Item 8.d. and suggested the curb on the west side of N. Mason Street be painted red, referred to Item 8.f. and expressed concern that Oceano opted out of the groundwater report and yet still benefits from the information, referred to Item 8.g. and expressed concern that the grant money is going mostly to DUI enforcement and would like the funds to include speeding enforcement in her part of town; and Debbie Peterson, Grover Beach, thanked the League of Women Voters for bringing forth the Civil Discourse Resolution and expressed concern regarding the clause that refers to prejudice. No further comments were received. . Mayor Pro Tern Barneich commented on Item 8.d. regarding a letter that was received that suggested signs should be installed on N. Mason Street that say "Traffic Going Uphill Does Not Stop", and commented on available parking at the veterinary clinic. Action: Mayor Pro Tern Barneich moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the exception of Items 8.c. and 8.f., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Brown, Harmon, Hill NOES: None ABSENT: None - 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 16, 2015 through August 31, 2015. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of August 25, 2015, as submitted. 8.d. Consideration of a Resolution Restricting Parking on North Mason Street. Action: Adopted a Resolution,entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A NO PARKING ZONE ON THE EAST SIDE OF NORTH MASON STREET FROM EAST BRANCH STREET TO LE POINT STREET". Minutes: City Council Regular Meeting Page 3 Tuesday, September 8, 2015 8.e. Consideration of Temporary Use Permit 15-012; Authorizing Closure of City Streets and Use of City Property for the 78th Annual Arroyo Grande Valley Harvest Festival, Friday and Saturday, September 25-26, 2015. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 15-012, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 78th ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 25-26, 2015". 8.g. Consideration of a Resolution Authorizing the Chief of Police to Execute an Agreement with the California Office of Traffic Safety Grant Program to Help Address Ongoing Traffic Safety Concerns and Appropriate the Funding. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CHIEF OF POLICE TO - EXECUTE AN AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT PROGRAM TO HELP ADDRESS ONGOING TRAFFIC SAFETY CONCERNS AND APPROPRIATE THE FUNDING". ITEMS PULLED FROM THE CONSENT AGENDA 8.c. Consideration of a Resolution Pledging to Follow Best Practices of Civility and Civil Discourse in all Meetings. Recommended Action: Adopt a Resolution pledging to follow best practices of Civility and Civil Discourse in all meetings. Council Member Brown commented on a complaint he received from a citizen watching the meeting from home saying that there were a lot of interruptions when people were speaking, supported the proposed Resolution, and stated that he hoped the LWV would continue to have observers at the various meetings. Council Member Harmon referred to earlier public comments and suggested the Council consider removing the second to last recital in the Resolution that states-"Whereas, we pledge our commitment to speak out against violence, prejudice, and incivility in all their forms whenever and wherever they,occur in a/l our meetings", acknowledged free speech rights, and noted that the Council already has s-guidelines in place for handling disruptions of meetings. Council Member Guthrie also suggested, in response to Mr. Keen's public comments, adding language to the Resolution to include members of all Commissions and Boards, and inquired where the language of the Resolution originated. Sharon Kimball, League of Women Voters, commented that the wording was inspired by the United States of America meeting of the Mayors Accord, acknowledged the need to be careful about the public's First Amendment rights, as well as the Brown Act, and that the League was open to changes or omission of language in the proposed Resolution. City Attorney Whitham clarified the Resolution's intent is to apply to the Mayor, City Council, staff, and members of Boards and Commissions, and that the Council could modify the Resolution as suggested by striking the second to last recital as referenced above, and adding language to the first recital, as follows: "Whereas, we, the Mayor, City Council Members, • Minutes: City Council Regular Meeting Page 4 Tuesday, September 8, 2015 members of all Council appointed Boards and Commissions, and staff of the City of Arroyo Grande, in order to ensure civility and civil discourse in all of our meetings, pledge our commitment to the following best practices of civility and civil discourse" Action: Council Member Harmon moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF CITY OF ARROYO GRANDE PLEDGING TO FOLLOW BEST PRACTICES OF CIVILITY AND CIVIL DISCOURSE IN ALL MEETINGS", as amended to remove the second to last recital in its entirety and adding language to the first recital to include members of all Council appointed Boards and Commissions. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Guthrie, Brown, Barneich, Hill NOES: None ABSENT: None 8.f. Consideration of Amendments to Consultant Services Agreements with Fugro Consultants, Inc. and Water Systems Consulting Inc. to Conduct Water Sampling, Preparation of the Northern Cities Management Area 2015 Annual Monitoring Report, and Associated Technical Support Services for the Northern Cities Management Area Work Program. Recommended Action: 1) Approve and authorize the Mayor to execute Amendment No. 2 to the Agreement for Consultant Services with Fugro Consultants, Inc., and 2) Approve and authorize the Mayor to execute Amendment No. 7 to the Agreement for Consultant Services with Water Systems Consulting, Inc. In response to a request by Mayor Hill, staff responded to questions regarding the Water Systems Consulting Agreement, the costs to the participating agencies as it relates to the Oceano Community Services District (OCSD) opting out of the Agreement and requesting a detailed written agreement from OCSD regarding its proposed in-kind services. Mayor Hill invited public comment. Speaking from the public expressing concern with OCSD opting out of the Agreement were Patty Welsh, Arroyo Grande; Debbie Peterson, Grover Beach; and Beatrice Spencer, Arroyo Grande. Hearing no further comments, Mayor Hill closed the public comment period. Action: Mayor Hill moved to: 1) Approve and authorize the Mayor to execute Amendment No. 2 to the Agreement for Consultant Services with Fugro Consultants, Inc., and 2) Approve and authorize the Mayor to execute Amendment No. 7 to the Agreement for Consultant Services with Water Systems Consulting, Inc. with the additional requirement that a written agreement detailing the in-kind services to be supplied by OCSD be provided with a follow up mechanism after six months to evaluate the services rendered. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-call vote: AYES: Hill, Barneich, Guthrie, Harmon NOES: Brown ABSENT: None Minutes: City Council Regular Meeting .. Page 5 Tuesday, September 8, 2015 9. PUBLIC HEARINGS 9.a. Continued -- Consideration of General Plan Amendment 14-002; Specific Plan Amendment 14-001, Conditional Use Permit 14-009, Vesting Tentative Tract Map 14-001, and Development Agreement 15-002; Subdivision of Two (2) Commercial Parcels into Thirty-Eight (38) Residential Lots, One (1) Common Area Lot, and Three (3) Commercial Lots; Location: Southwest Corner of East Grand Avenue and South Court land Street; Applicant: NKT Commercial; Representative — RRM Design Group. Associate Planner Downing presented the staff report and stated that the Planning Commission recommended that the City Council adopt a Resolution denying General Plan Amendment 14- 002; Specific Plan Amendment 14-001, Vesting Tentative Tract Map 14-001, and Conditional Use Permit 14-009, and Development Agreement 15-002. Staff responded to questions from Council. Mayor Hill invited the applicant to make a presentation. Debbie Rudd, RRM Design Group, reviewed the provisions of the Memorandum of Understanding (MOU) and stated that Alternative 2 was selected as the applicant's preferred project; that the proposed project is consistent' with the MOU; that they had addressed community and Commission feedback and explained how the project was revised from the 2014 project; displayed site plans for both the 2014 plan and the 2015 plan; stated that the applicant has proposed a further reduction of housing units to 36 units to provide for additional parking within the project; spoke about attainable housing/affordable housing costs; reviewed the proposed commercial parking spaces and noted there are an additional 18 on-street parking spaces available above the number of required parking spaces; reviewed the double-sided fencing to create a buffer between the residential and commercial uses; reviewed residential parking spaces which includes increased guest parking; commented on circulation and improvements to South Courtland Street to enhance pedestrian and bicycle safety, and noted access realignment with the commercial development across the street; stated the proposed project generates 113 fewer PM peak hour trips than other General Plan allowed uses; reviewed water conservation measures included within the project; reviewed the design of the residential side yards; and displayed the project's proposed architectural styles. Scott Martin, project architect, and Nick Tompkins, applicant, responded to questions from Council concerning the residential side yard setbacks for the perimeter lots; liability as it relates to the shared easement; trash placement; and emergency access. Paul Reddy, attorney for the applicant, explained that homeowners insurance would cover any liability issues resulting from the use of the patio. Mayor Hill opened the public hearing. Speaking from the public were Linda Drummy, Arroyo Grande, regarding the need for entry signs as specified in the Berry Gardens Specific Plan, and expressed concerns about inadequate parking, and water usage required for the project; Paula Renner, Arroyo Grande, spoke in opposition to the project; Debbie Peterson, Grover Beach, . stated she would like to see the project in Grover Beach; Cheryl Schweitzerhof, spoke in opposition to the project; Patty Welsh, spoke in opposition to the project; Judith Bean, Chamber • Minutes: City Council Regular Meeting Page 6 Tuesday, September 8, 2015 of Commerce, spoke regarding the advancement of businesses in the community; Mike O'Morrow, spoke in support of the project and submitted additional signatures from Raspberry Avenue residents in support of the project; Sandy Sathrum, commented that this is a Gateway property that would bring revenue to the City; Helen Guillory, Arroyo Grande, stated that HOA enforcement of regulations is not always effective and expressed concern with parking; Steve Hollister, spoke in support of the project and stated more affordable housing is needed in the City; Beatrice Spencer, opposed recent proposed projects at this location and expressed concerns with parking, delivery truck circulation within the project, the placement of single family residences between high density housing and commercial uses; John Ziomek, Arroyo Grande, supported the commercial component and expressed concerns about residential parking and stated that affordable housing needs to be deed restricted; Aaron Henkel, Arroyo Grande, commented that on-street parking spaces cannot be counted in the parking calculations, expressed concern about parking and truck access turning radius, and expressed concern about the street plan, striping plan and the commercial component; Mike McAustin, Arroyo Grande, spoke in support of the project; John Mack, Arroyo Grande, commented that the Planning Commission needs to review the changes that have been made to the project, referred to Grover Beach's parking standards, and expressed concern with parking and trash pick-up; Frank Schiro, Arroyo Grande, spoke in support of the project; and Lynn Hill, referred to the commercial building and asked if it would be built first. Hearing no further comments, Mayor Hill closed the public hearing. Council comments ensued regarding the proposed project, including the history of Berry Gardens, the development of East Grand commercial, and the senior affordable housing project on North Court land; concerns about parking; that a restaurant would bring revenue to the City; a suggestion to eliminate the vertical mixed use residential units to provide additional parking; that the traffic impacts from the proposed project are significantly less than a full commercial project, that the internal circulation within the project will function; that the HOA can monitor issues relating to trash containers; emergency access to the project; that water conservation efficiency measures are built into the project; that entry signage for Berry Gardens was eliminated ten years ago; that parking will regulate itself; that the project is affordable by design; that this site is not a prime commercial location; that more residential would generate less traffic; support for the project's proposed architecture;,that the project would provide for attainable/affordable housing; that the project will increase business on East Grand Avenue; acknowledgement of the Planning Commission's review and concerns about the project; that the previously proposed higher residential density was not favorable and that with the modifications that have been presented, the developer listened; that the commercial in front is appropriate with a separation into residential; support for entry signs as identified in the Specific Plan; support for the reciprocal easement in the residential component; support for additional density reduction to 36 units which would provide additional parking; support for revision of Condition #39 regarding phasing in accordance with the Subdivision Map Act; acknowledgement of the public comment and letters received in support and in opposition to the project; that an empty lot/corridor does not benefit anyone; and that to attract commercial uses, the City must have viable residential. Concerns expressed in opposition to the project related to the residential component, sufficient parking availability, that there should be a guarantee that the commercial gets built first, and that the revisions in the project should go back to the Planning Commission for review and recommendation. Minutes: City Council Regular Meeting Page 7 Tuesday, September 8, 2015 In response to a question by Mayor Pro Tern Barneich regarding the Alternate Resolution in the Agenda report, City Attorney Whitham noted the revised site plan on Page 110, and stated that condition #6 would need to be revised to state that development would occur in substantial conformance with the plans and specifications presented to the City Council at the meeting of September 8, 2015, identified as revised Exhibit EX-1, on file in the Community Development Department; and that throughout the Resolution references to the previous project description would have to be revised. Action: Mayor Pro Tem Barneich moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 14-002, SPECIFIC PLAN AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, AND VESTING TENTATIVE TRACT MAP 14-001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND STREET; APPLIED FOR BY NKT COMMERCIAL"with the following modifications: that in General Condition No. 6, change the date from December 9, 2014 to September 8, 2015 and change the Exhibit to revised Exhibit Ex-1; that Condition 40 through 43 be deleted and that subsections f. and g. of Condition 39 be combined to reflect the revised language presented by staff and to remove the four mixed use vertical apartments and use the parking to maximize the commercial, Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Harmon NOES: Brown, Hill ABSENT: None ' City Attorney Whitham noted that the proposed Ordinance would also need to be modified to reflect the revised project description and to correct the typographical error in the date of the Planning Commission's review (from August 4, 2015 to August 18, 2015). Action: Council Member Guthrie moved to introduce an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT AGREEMENT 15-002 FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET", as modified to reflect the changes as noted by the City Attorney. Council Member Harmon seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Harmon, Barneich NOES: Brown, Hill ABSENT: None Mayor Hill called for a break at 9:45 p.m. The Council reconvened at 9:55 p.m. 10. OLD BUSINESS 10.a. Consideration of Temporary Closure of the Highway 101 at Brisco Road Ramps. City Engineer Horn presented the staff report and recommended that the Council: 1) Receive update on the planning status of the temporary closure of the Highway 101 at Brisco Road Minutes: City Council Regular Meeting Page 8 Tuesday, September 8, 2015 ramps; 2) Approve the closure plan for the Highway 101 at Brisco Road ramps; and 3) Authorize the City Manager to award the closure plan construction work up to $75,000. Mayor Hill invited public comment. Speaking from the public were Beatrice Spencer, Arroyo Grande, in support of the temporary ramp closure and expressing disappointment that Alternative 4 had not yet been removed from the project; Patty Welsh, Arroyo Grande, expressed support for the temporary closure; Alicia Lara, Arroyo Grande, questioned if the City will continue paving during the closure and thanked staff for the notification of the stakeholders meeting; and Aaron Henkel, Arroyo Grande, commented that the test period should go longer through the holidays, expressed interest in seeing the total amount expected for Alternative 4c, and noted that STIP funding may not be available in the future. Hearing no further comments, Mayor Hill closed the public comment period. Action: Council Member Harmon moved to: 1) receive the update on the planning status of the temporary closure of the Highway 101 at Brisco Road ramps; 2) approve the closure plan for the Highway 101 at Brisco Road ramps with consideration for a 12 week closure through December 15, 2015; and 3) authorize the City Manager to award the closure plan construction work up to $75,000. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Brown, Guthrie, Barneich, Hill NOES: None ABSENT: None 11. NEW BUSINESS 11.a. Consideration of Farroll Avenue Speed Limits. City Engineer Horn presented the staff report and recommended that the Council review the status of the roadway signage and posted speed limits on Farroll Avenue; and 1) Direct staff to remove school zone signage on Farroll Avenue between Elm Street and Oak Park, and remove senior facility signage on Farroll Avenue between Elm Street and Oak Park Boulevard; and 2) Adopt a Resolution establishing the speed limit on Farroll Avenue from Halcyon Road to Oak Park Boulevard. Mayor Hill invited public comment. Speaking from the public was John Ziomek, Arroyo Grande, expressing concerns with poor signage. Hearing no further comments, Mayor Hill closed the public comment period. Action: Council Member Guthrie moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE SPEED LIMIT ON FARROLL AVENUE FROM HALCYON ROAD TO OAK PARK BOULEVARD", to direct staff to remove.school zone signage on Farroll Avenue between Elm Street and Oak Park, and remove senior facility signage on Farroll Avenue between Elm Street and Oak Park Boulevard, including the signs relating to parking in front of the church. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll-call vote: Minutes: City Council Regular Meeting Page 9 Tuesday, September 8, 2015 AYES: , Guthrie, Barneich, Harmon, Brown, Hill NOES: None ABSENT: None 11.b. Consideration of League of California Cities Annual Conference Resolutions. City Manager Thompson presented the staff report and recommended that the Council provide direction regarding City positions on the League of California Cities resolutions. Mayor Hill invited public comment. Speaking from the public was Beatrice Spencer, Arroyo Grande, regarding the proposed Resolution relating to amendment of the League Bylaws. Hearing no further comments, Mayor Hill closed the public comment period. Council provided comments and direction to the voting delegate in support of Resolution No. 1 (League Bylaws Amendment), Resolution No. 2 (Overconcentration of Alcohol & Drug Treatment Facilities), and Resolution No. 3 (Residential Rentals, Support for SB 593); and to not take a position on Resolution No 4 (Compensation for Prolonged Electrical Power Outages), as it is more of a Statewide issue. 12. COUNCIL COMMUNICATIONS Mayor Pro Tem Barneich stated that she received a compliment for the changes made on Fair Oaks Avenue; requested that staff look into the request for a bike lane by the Paulding Wall; and requested that staff follow up on the issue of the blocked sidewalk at the.corner of Grand Avenue and Elm Street. Council Member Guthrie stated he had also received many compliments regarding the changes to Fair Oaks Avenue. He also noted that a meeting of the Brisco Interchange Project Subcommittee should meet prior to SLOCOG's meeting regarding the upcoming STIP funding cycle. Council Member Harmon announced that Five Cities Meals on Wheels is celebrating its 40th Anniversary with an event at the Pismo Beach Veterans Hall on September 12, 2015. Mayor Hill referred to the upcoming STIP funding cycle-and would like to consider putting Alternative 4c on the Agenda for an advisory vote; announced that Boy Scout Troop 489 will be having a barbeque Fundraiser at the Fire Station during the Harvest Festival. 13. STAFF COMMUNICATIONS City Manager Thompson noted that the Grant for the Office of Traffic Safety'was spearheaded by Arroyo Grande Police Sergeant Smiley and the Command staff and will provide for equipment training and overtime staffing for the Police Department. She then provided an update on the City's water conservation efforts and announced that the City completed its first billing cycle, which resulted in 704 warning letters mailed to residents who did not meet the City's water conservation requirements. Mayor Hill asked staff to follow up on businesses that have not been retrofitted. J Minutes: City Council Regular Meeting Page 10 Tuesday, September 8, 2015 14. COMMUNITY COMMENTS AND SUGGESTIONS • • None. 15. CLOSED SESSION: None. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 11:00 p.m. Ji Hill, Mayor TTEST: 61-4.114-7 Kelly W more, City Clerk( L (/ 3/oCr (Approved at CC Mtg/0—7-aois)