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CC 2016-08-09_09d Approval of MinutesACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY/HOUSING SUCCESSOR TO THE DISSOLVED REDEVELOPMENT AGENCY TUESDAY, JULY 26, 2016 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, Kristen Barneich, Mayor Pro Tem Barbara Harmon and Mayor Jim Hill were present. Staff Present: Acting City Manager/Public Works Director Geoff English, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Community Development Director Teresa McClish, Police Chief Steven Annibali, and Associate Planner Kelly Heffernon. 3. MOMENT OF REFLECTION Mayor Hill requested a moment of reflection in honor of the victims of terrorist activities around the world. 4. FLAG SALUTE Terry Orton, representing Arroyo Grande Lions Club, 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 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 6.a. Presentation by South San Luis Obispo County Sanitation District. Gerhardt Hubner, District Administrator, South San Luis Obispo County Sanitation District, presented an update on the District which included an overview of current staffing, significant projects underway, implementation of reforms identified in the 2016 Knudson report, the Redundancy Project, renewal of its operating permit, and provided an update on the litigation related to the 2010 spill. Mr. Gerhardt responded to questions from Council regarding the Redundancy Project, the permit renewal process, costs, and timing for approval, and the Cherry Avenue Sewer Bridge Project. Item 9.d. - Page 1 Minutes: City Council/Successor Agency Regular Meeting Page 2 Tuesday, July 26, 2016 6.b. Honorary Proclamation Supporting Relay for Life Event on August 6-7, 2016. Mayor Hill presented the Proclamation in support of the Five Cities Relay for Life Event on August 6-7, 2016. Brian Welch, student, accepted the Proclamation. 6.c. Honorary Proclamation Declaring July as “Parks Make Life Better” Month. Mayor Hill presented the Proclamation declaring July 2016 as “Parks Make Life Better” Month. Director of Recreation Services Rogers accepted the Proclamation and invited the community to come out and support the City’s parks and recreation programs. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Caren Ray, Arroyo Grande, regarding the process for hiring a new City Manager, recommended that the Council send representatives from the City to wherever the candidate is from to interview people who worked with that person, commented on the public sector recruitment process, and urged the Council to adopt a process that includes multiple stakeholders on the interview panels such as directors and members of the community; and Shirley Gibson, Halcyon, shared local history regarding early Arroyo Grande undertakers. 8. ACTING CITY MANAGER REPORT: Acting City Manager English noted that the City received a grant for a Storm Water Resource Plan; announced the Car Cruise and Car Sho to be held on July 29th and 30th; announced there will be a Strawberry Festival follow up workshop held on August 11th; reported that Five Cities Fire Authority sent the Office of Emergency Services (OES) Engine and strike team to the Sand Fire; noted capital projects that are currently underway, including Le Point Area Water Main, South Alpine Waterline Improvement and Oak Park Rehabilitation; announced that the Sidewalk Replacement Project will be starting on Monday, August 1st; provided a status report on items recently considered by the Planning Commission, Traffic Commission, Architectural Review Committee, and Historic Resources Committee; and announced that the nomination period for the November 8, 2016 election is open and information relating to the election can be found on the City’s website. 9. CONSENT AGENDA Mayor Hill requested that Item 9.n. be pulled. In response to a question by Mayor Pro Tem Harmon regarding Item 9.m. (Temporary Use Permit for Car Sho) as it relates to monitoring the load limits on the Swinging Bridge, Director English explained that load limit signs are currently posted at the Bridge and that during special events, monitors are required to be in place to ensure that load limits are not exceeded. Mayor Hill invited public comment. Speaking from the public was Patty Welsh, Arroyo Grande, regarding Item 9.h. (Monthly Water Supply and Demand Update) noting a discrepancy between the Analysis and the projection graphs as it relates to the acre feet of water in Lopez Lake and would like to know how much water there really is; commented on the possibility of the Lake going dry and water demand going up, and urged the Council to consider a building moratorium. Item 9.d. - Page 2 Minutes: City Council/Successor Agency Regular Meeting Page 3 Tuesday, July 26, 2016 Action: Council Member Guthrie moved, and Council Member Harmon seconded the motion to approve Consent Agenda Items 9.a. through 9.m., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Guthrie, Harmon, Brown, Barneich, Hill NOES: None ABSENT: None 9.a. Consideration of Cash Disbursement Ratification. Recommended Action: Ratified the listing of cash disbursements for the period June 16, 2016 through July 15, 2016. 9.b. Consideration of a Resolution Establishing a Job Description and Salary Range for the Police Trainee Position. Recommended Action: Adopted a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A JOB DESCRIPTION AND SALARY RANGE FOR THE POLICE TRAINEE POSITION”. 9.c. Consideration of Consultant Agreements for Real Estate Services. [SUCCESSOR AGENCY] Recommended Action: As recommended by the Oversight Board, 1) Entered into an Agreement for Consultant Services with Lee & Associates to provide real estate agent services for the disposal of the Faeh Avenue property with a list price of $950,000; 2) Entered into an Agreement for Consultant Services with Triad Real Estate Group to provide real estate agent services for the disposal of the Pearwood Avenue property with a list price of $750,000; and 3) Authorized the City Manager to execute all associated documents. 9.d. Consideration of Second Amendment to Amended and Restated Solid Waste Collection Franchise Agreement with South County Sanitary Service, Inc. Recommended Action: Approved the Second Amendment to the City’s Franchise Agreement for solid waste collection. 9.e. Consideration of Approval of Minutes. Recommended Action: Approved the minutes of the Special City Council Meeting of June 13, 2016, the Special and Regular City Council Meetings of June 14, 2016, the Special City Council Meeting of June 21, 2016, the Regular City Council Meeting of June 28, 2016, and the Special City Council Meeting of July 18, 2016, as submitted. 9.f. Consideration of Contract for Animal Care and Control Services. Recommended Action: Approved the Contract for Animal Care and Control Services with the County of San Luis Obispo not to exceed the first year amount of $79,285 and authorize the Mayor to execute the Agreement. 9.g. Consideration to Declare Surplus Property/Duty Weapons-Firearms and Authorize Purchase of Replacements. Recommended Action: Adopted a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS AS SURPLUS, AUTHORIZING THEIR SALE/TRADE AND AUTHORIZE THE PURCHASE OF REPLACEMENTS”. 9.h. Monthly Water Supply and Demand Update. Recommended Action: Received and reviewed the Monthly Water Supply and Demand Report. Item 9.d. - Page 3 Minutes: City Council/Successor Agency Regular Meeting Page 4 Tuesday, July 26, 2016 9.i. Annual Report for the 2015 Northern Cities Management Area. Recommended Action: Received and filed the 2015 Northern Cities Management Area Annual Report. 9.j. Consideration of Lot Line Adjustment 16-001; Location - 1271 James Way (APNs 007-771-053, 062 and 076); Applicant – Russ Sheppel; Representative – Tim Crawford, Axis Engineering Group. Recommended Action: Adopted a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING LOT LINE ADJUSTMENT 16-001 LOCATED AT 1271 JAMES WAY”. 9.k. Consideration of Approval of an Amendment to an Agreement for Consultant Services with Quincy Engineering for Swinging Bridge Evaluation. Recommended Action: Approved and authorized the Mayor to execute Amendment No. 1 to the Consultant Services Agreement with Quincy Engineering, Inc. for Phase 2 of the Swinging Bridge Evaluation for an amount not to exceed $55,000. 9.l. Consideration of Approval of an Amendment to an Agreement for Consultant Services with Wood Rodgers for the Brisco Interchange Project and Closure Status Update. Recommended Action: Approved and authorized the Mayor to execute Amendment No. 13 to the Consultant Services Agreement with Wood Rodgers, Inc. for Brisco Interchange Project for an amount not to exceed $13,000. 9.m. Consideration of Amendment to Temporary Use Permit Case No. 16-004; Use of City Property for the 27th Annual Arroyo Valley Car Club Sunset Cruise on July 29, 2016 and Car Sho on July 30, 2016. Recommended Action: Adopted a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TEMPORARY USE PERMIT 16-004 TO ALLOW THE ADDITIONAL CLOSURE OF OLOHAN ALLEY FROM SHORT STREET TO MASON STREET FOR THE 27TH ANNUAL CAR SHO ON JULY 30, 2016”. ITEM PULLED FROM THE CONSENT AGENDA 9.n. Consideration of Amendment to Temporary Use Permit Case No. 16-005; Use of City Property for a Beer and Food Festival on Saturday, October 15, 2016; Location: Heritage Square Park; Applicant – Arroyo Grande Village Improvement Association; Representative – Bob Lund. Recommended Action: Adopt a Resolution Amending Temporary Use Permit 16-005 to Modify the Event Date for the Use of City Property for a Beer and Food Festival to Saturday, October 15, 2016. Mayor Hill expressed concern that the event is not a family friendly event for the Village. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TEMPORARY USE PERMIT 16-005 TO MODIFY THE EVENT DATE FOR THE USE OF CITY PROPERTY FOR A BEER AND FOOD FESTIVAL TO SATURDAY, OCTOBER 15, 2016. The motion passed on the following roll-call vote: Item 9.d. - Page 4 Minutes: City Council/Successor Agency Regular Meeting Page 5 Tuesday, July 26, 2016 AYES: Brown, Guthrie, Barneich, Harmon NOES: Hill ABSENT: None 10. PUBLIC HEARINGS None. 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a. Consideration of Pre-Application No. 16-003 Regarding Agriculture Land Conversion Mitigation; Location – East Cherry Avenue; Applicant – Arroyo Grande Valley Japanese Welfare Association (AGVJWA). Community Development Director McClish provided introductory comments. Associate Planner Heffernon presented the staff report and recommended the Council provide the applicant with preliminary comments regarding whether specified uses on the subject property would satisfy agricultural conversion mitigation requirements given the historical use of the property. Margaret Ikeda, Gary Kobara, and Vard Ikeda representing AGVJWA, requested the Council consider whether continued uses on the site could be considered as sufficient mitigation; noted that there has never been farming on the property; presented the history and purpose of the AGVJWA including a timeline of uses on the site; provided an overview of the zone changes that have occurred on the site; requested that no land mitigation be necessary for Subarea 3; and stated that the project would be an opportunity to give back to the community and create a public amenity for the City. Staff and the applicant representatives responded to questions from Council. John Rickenbach, planning and environmental consultant, answered questions regarding the Specific Plan, zoning, and the environmental impact report. In response to additional questions from Council, Ms. Ikeda provided an overview of the proposed project for the property. Mayor Hill invited public comment. Speaking from the public were: Patty Welsh, referring to the valuable history of the site and the importance of retaining that history in the City; Paul Quinlan, Arroyo Grande, also referred to the history of the site and spoke in support of the applicant’s proposal to keep the Japanese American history alive; Julie London, Arroyo Grande, stated she is a neighbor to the property, the project would be an asset to the neighborhood, and said she could envision school field trips to learn Japanese American history; and Shirley Gibson, Bennett Loomis Archives, spoke in support of Arroyo Grande remaining a small town and retaining local history, stated the proposed project is a continuation of the historic use of the property, expressed a desire to protect local history, and agreed that there should not be any mitigation required for this project. Council Member Brown stated that his concerns are not project driven and that he likes the proposed project; commented on previous zone changes; stated that his issue has to do with prime alluvial soil; stated this would have been the first project that the City could have had Item 9.d. - Page 5 Minutes: City Council/Successor Agency Regular Meeting Page 6 Tuesday, July 26, 2016 overall mitigation for the parcel; stated that the General Plan requires mitigation; stated that the City should treat every applicant equally; expressed concern that future generations would want to increase density on the site; and stated if the land use is changed in the future, that mitigation requirements be revisited before the next project is brought forward. Council Member Guthrie commented on previous zone changes on the property; stated that policy requires mitigation but that variances have been considered in the past, that this project warrants an exemption; and stated he could support pushing mitigation down the road as a compromise by placing a deed restriction on the property that requires mitigation if the land use changes in the future. Council Member Barneich commented that the proposed zone change for the property is appropriate and the mitigation is how the property is proposed to be developed and used; and stated that the proposed use of the property honors agricultural and Japanese history. Mayor Pro Tem Harmon commented that the property is unique in that it has never been farmed; could not support a deed restriction being placed on the property; noted the historic nature of the property and the perfect opportunity to expand the cultural diversity in the community for generations to come; stated that policies are set as guidelines and provide for flexibility; stated the proposed project would be an asset to the adjacent property, and commented that the change in zoning from Agricultural to Village Mixed Use is appropriate. Mayor Hill noted the uniqueness of the property in history and use; commented on the zoning; stated that the Specific Plan zoning provides adequate protection going forward and permits the project to go forward; stated this is one of the best projects he has seen for the site; that the variance poses a general benefit to community; preserving the history of the people is purposeful; he does not believe mitigation should be imposed, and could support using the development of this parcel as proposed without further mitigation. No formal action was taken on this item. Mayor Hill called for a break at 8:10 p.m. The Council reconvened at 8:20 p.m. 12.b. Consideration of Adoption of Resolutions and Agreements Consenting to the Inclusion of Properties Within the Incorporated Area of the City of Arroyo Grande to Participate in Property Assessed Clean Energy (PACE) Programs. Associate Planner Heffernon presented the staff report and recommended the Council: 1) Adopt a Resolution approving an amendment to the Western Riverside Council of Governments (WRCOG) Joint Powers Agreement (JPA) to add the City as an Associate Member in order to authorize the City’s participation in the California Home Energy Renovation Opportunity (HERO) Program; and 2) Adopt a Resolution to join the California Home Finance Authority (CHFA) JPA as an Associate Member in order to authorize the City’s participation in the CHFA SB 555 Community Facilities District (Ygrene Program); and 3) Adopt a Resolution to join the California Home Finance Authority (CHFA) JPA as an Associate Member in order to authorize the City’s participation in the CHFA AB811 Authority PACE Program (Ygrene Program). Item 9.d. - Page 6 Minutes: City Council/Successor Agency Regular Meeting Page 7 Tuesday, July 26, 2016 Dustin Reilich, Director of Municipal Development for Renovate America, spoke about the HERO and PACE Programs and responded to questions from Council. Emily Goodwin, Regional Manager, District Development at Ygrene Energy Fund, responded to questions from Council regarding the YGrene Program. Mayor Hill invited public comment. Speaking from the public was LeAnn Akins, Arroyo Grande, who expressed concerns that prevailing wage is not part of the discussion. Action: Council Member Guthrie moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO”. Council Member Barneich seconded, and the motion failed on the following roll-call vote: AYES: Guthrie, Barneich NOES: Brown, Harmon, Hill ABSENT: None Action: Council Member Barneich moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO” and “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY, PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO”. Council Member Guthrie seconded, and the motion failed on the following roll-call vote: AYES: Barneich, Guthrie NOES: Brown, Harmon, Hill ABSENT: None 13. CITY COUNCIL REPORTS The Mayor and Council Members provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative. Item 9.d. - Page 7 Minutes: City Council/Successor Agency Regular Meeting Page 8 Tuesday, July 26, 2016 (a) MAYOR HILL: (1) South San Luis Obispo County Sanitation District (SSLOCSD). (Alternate attended) (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 HARMON: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA (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 (5) Economic Vitality Corporation (Attended as Alternate) (6) Attended the July AGTBID meeting (d) COUNCIL MEMBER BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (3) South San Luis Obispo County Sanitation District (SSLOCSD). (Attended as the Alternate.) (e) COUNCIL MEMBER BARNEICH: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) 14. COUNCIL COMMUNICATIONS None. 15. CLOSED SESSION At 9:40 p.m., City Attorney Heather Whitham announced the City Council would adjourn to closed session to consider the following items: a) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Designated Representative: Karen Sisko, Human Resources Manager Represented Employees: Arroyo Grande Police Officers’ Association (AGPOA) b) PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957: Title: Interim City Manager Item 9.d. - Page 8 Minutes: City Council/Successor Agency Regular Meeting Page 9 Tuesday, July 26, 2016 c) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency designated representative: Geoff English, Acting City Manager Unrepresented employee: Interim City Manager Mayor Hill invited public comment prior to the closed session. No public comments were received. Adjourned to closed session. 16. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open session at 10:38 p.m. City Attorney Whitham made the following announcements: a) The City Council provided direction to the City’s Agency representative with regard to the Arroyo Grande Police Officers’ Association negotiations. b) & c) The City Council provided direction to the City’s Acting City Manager regarding the appointment of an Interim City Manager. 17. ADJOURNMENT Mayor Hill adjourned the meeting at 10:40 p.m. ______________________________ Jim Hill, Mayor ATTEST: ______________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ____________) Item 9.d. - Page 9 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.d. - Page 10