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CC 2016-12-13_09d Approval of Minutes ACTION MINUTES SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 22, 2016 SOUTH COUNTY REGIONAL CENTER, 800 W. BRANCH STREET ARROYO GRANDE, CALIFORNIA SPECIAL MEETING 5:00 P.M. CALL TO ORDER Mayor Hill called the Special City Council Meeting to order at 5:15 p.m. ROLL CALL Council Members Tim Brown, Mayor Pro Tem Barbara Harmon and Mayor Jim Hill were present. Council Members Barneich and Guthrie were absent. Interim City Manager Bob McFall, City Attorney Heather Whitham, and Director of Legislative and Information Services/City Clerk Kelly Wetmore were also present. Council Member Guthrie arrived immediately after roll-call. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. CLOSED SESSION City Attorney Whitham announced the Successor Agency would recess to a closed session for the following item: Successor Agency: a) Conference with Real Property Negotiator pursuant To Government Code Section 54956.8: Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real Agency Negotiators: Debbie Malicoat, Finance Officer; Marty Indvik, Lee & Associates Negotiating Parties: ELA Foods, Inc. Under Negotiation: Price and terms of payment for sale of property Council Member Barneich arrived to the meeting at 5:35 p.m. RECONVENE TO OPEN SESSION The Council reconvened to open session at 6:00 p.m. in conjunction with the Regular City Council meeting, and announcements of reportable action, if any, were made under Item 5. REGULAR MEETING 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:01 p.m. Item 9.d. - Page 1 Minutes: City Council/Successor Agency Special and Regular Meetings Page 2 Tuesday, November 22, 2016 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: Interim City Manager Bob McFall, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Community Development Director Teresa McClish, Planning Manager Matt Downing, and Utilities Manager Shane Taylor. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Junior Girl Scout Troop 41049 led the Flag Salute. 5. AGENDA REVIEW Mayor Hill requested that Item 8, Interim City Manager Report, be moved up on the Agenda before Item 7, Citizens’ Input, Comments, and Suggestions. 5.a. Closed Session Announcements. Successor Agency: a) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real Agency Negotiators: Debbie Malicoat, Finance Officer; Marty Indvik, Lee & Associates Negotiating Parties: ELA Foods, Inc. Under Negotiation: Price and terms of payment for sale of property City Attorney Whitham announced that the Successor Agency unanimously accepted an offer and approved a Purchase and Sale Agreement for the sale of property located on Faeh Avenue and El Camino Real (APN 006-151-027) to ELA Foods, Inc. for $950,000, contingent on the approval of the Oversight Board. 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 None. 8. INTERIM CITY MANAGER REPORT: Interim City Manager McFall announced that the Conference of the United Methodist Church has entered into a contract with a perspective buyer to purchase the Methodist Camp property. The prospective buyer intends to maintain the property’s open space and intends to preserve and restore the tabernacle on site in conformance with the Secretary of Interior Standards for Historic Structures. Previously, the City Council expressed their desire to have staff assist in Item 9.d. - Page 2 Minutes: City Council/Successor Agency Special and Regular Meetings Page 3 Tuesday, November 22, 2016 locating a buyer and the City Attorney’s office worked with the Methodist Church to prepare an agreement, but since a buyer had been found independent of the City, the item will not come back to the Council for approval. Interim City Manager McFall noted that this is a private property sale and the City has little influence over it except for any zone change or requirements through the City planning process. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an invocation, and she also invited the public to a movie night sponsored by the Pismo Beach/Five Cities Rotary Club on Saturday, December 17, 2016 at 10:30 a.m.; Brad Snook, Surfrider Foundation, spoke regarding indigenous people and sustainable energy, water issues in the County, desalination issues in Cambria, and suggested that the agricultural industry could help offset a portion of land to go to a constructed wetland; and Patty Welsh, urged the Council to consider training for Commissioners. 9. CONSENT AGENDA Mayor Pro Tem Harmon requested that Item 9.c. be pulled. Mayor Hill requested that Item 9.i. be pulled, and announced that he would recuse himself from voting on Item 9.j. due to ownership of real property near Grace Lane. Mayor Hill invited public comment on the remaining consent agenda items. No public comments were received. Action: Council Member Barneich moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 9.a. through 9.h., with the exception of Items 9.c., 9.i., and 9.j., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Barneich, Brown, Guthrie, Harmon, Hill NOES: None ABSENT: None 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16, 2016 through November 15, 2016. 9.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of October 25, 2016, and the Special City Council Meeting of November 16, 2016, as submitted. 9.d. Consideration of Appointment to the Arroyo Grande Tourism Business Improvement District Advisory Board. Action: Appointed David Kastner to the Arroyo Grande Tourism Business District (AGTBID) Advisory Board. 9.e. Consideration of Consultant Services Agreement with Teri Black and Company, LLC for City Manager Recruitment Services. Action: 1) Approved and authorized the Mayor to execute a consultant services agreement with Teri Black and Company, LLC, to provide recruitment services for the Item 9.d. - Page 3 Minutes: City Council/Successor Agency Special and Regular Meetings Page 4 Tuesday, November 22, 2016 position of City Manager; and 2) Authorized funding in the amount of $29,500 from the City Manager’s program account for these services. 9.f. Monthly Water Supply and Demand Update. Action: Received and reviewed the monthly Water Supply and Demand Report. 9.g. Consideration of Acceptance of the Oak Park Boulevard/West Branch Street/US 101 Traffic Signal Upgrade Project, PW 2014-01. Action: 1) Accepted the project improvements as constructed by Lee Wilson Electric Company in accordance with the plans and specifications for the Oak Park Boulevard/West Branch Street/US 101 Traffic Signal Upgrade Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 9.h. Consideration of Acceptance of the 2016 Concrete Repairs Project, PW 2016-09. Action: 1) Accepted the project improvements as constructed by Brough Construction, Inc. in accordance with the plans and specifications for the 2016 Concrete Repairs Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. ITEMS PULLED FROM THE CONSENT AGENDA 9.c. Consideration of a Resolution Reclassifying the Part-Time Building Permit Technician to a Full-Time Position and Establishing a Salary Range for the Position. Recommended Action: Adopt a Resolution reclassifying the part-time Building Permit Technician to a full-time position and establish a salary range for the position. At the request of Mayor Pro Tem Harmon, staff responded to questions regarding benefits provided by the City for the current part-time position, the salary range and benefits for the proposed full-time position, and the estimated timeframe to fill the full-time position, if approved. Action: Mayor Pro Tem Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECLASSIFYING THE PART- TIME BUILDING PERMIT TECHNICIAN TO A FULL-TIME POSITION AND ESTABLISHING A SALARY RANGE FOR THE POSITION”. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Barneich, Guthrie, Brown, Hill NOES: None ABSENT: None 9.i. Consideration of an Award of Contract to Insituform Technologies, LLC for Construction of the El Camino Real Storm Drain Rehabilitation Project, PW 2016- 12. Recommended Action: 1) Approve the construction specifications for the El Camino Real Storm Drain Rehabilitation Project, PW 2016-12; 2) Find that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(b); 3) Direct the City Clerk to file a Notice of Exemption; 4) Award a contract for the El Camino Real Storm Drain Rehabilitation Project to Insituform Technologies, LLC in amount of Item 9.d. - Page 4 Minutes: City Council/Successor Agency Special and Regular Meetings Page 5 Tuesday, November 22, 2016 $57,750; 5) Authorize the Interim City Manager to approve change orders for 10% of the contract amount, $5,775, for unanticipated costs during the construction phase of the project; and 6) Reallocate $88,900 from other projects in the Local Sales Tax Fund to cover the subject project expenses. At the request of Mayor Hill, staff responded to questions regarding reallocation of projects funded by the Local Sales Tax Fund as it relates to sidewalk improvements on E. Grand Avenue, and staff noted that funds were budgeted this year for E. Grand Avenue sidewalk improvements and Cal Trans has also made some improvements to the sidewalks on E. Grand Avenue. Action: Mayor Hill moved to: 1) Approve the construction specifications for the El Camino Real Storm Drain Rehabilitation Project, PW 2016-12; 2) Find that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(b); 3) Direct the City Clerk to file a Notice of Exemption; 4) Award a contract for the El Camino Real Storm Drain Rehabilitation Project to Insituform Technologies, LLC in amount of $57,750; 5) Authorize the Interim City Manager to approve change orders for 10% of the contract amount, $5,775, for unanticipated costs during the construction phase of the project; and 6) Reallocate $88,900 from other projects in the Local Sales Tax Fund to cover the subject project expenses. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Hill, Barneich, Guthrie, Brown, Harmon NOES: None ABSENT: None 9.j. Consideration of Award of Contract to Central Coast Earthscapes, Inc. for Landscape Maintenance for Property Located within the Parkside Village and Grace Lane Assessment Districts. Recommended Action: 1) Award a contract to Central Coast Earthscapes, Inc. for Landscape Maintenance of areas within the Parkside Village and Grace Lane Assessment Districts; and 2) Authorize the Mayor to execute the contract. Mayor Hill stepped down from the dais and left the room due to a conflict of interest relating to his ownership of real property near Grace Lane. Action: Council Member Brown moved to: 1) Award a contract to Central Coast Earthscapes, Inc. for Landscape Maintenance of areas within the Parkside Village and Grace Lane Assessment Districts; and 2) Authorize the Mayor to execute the contract. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Brown, Barneich, Guthrie, Harmon NOES: None ABSENT: Hill (recused) Mayor Hill returned to the meeting and took his place at the dais. Item 9.d. - Page 5 Minutes: City Council/Successor Agency Special and Regular Meetings Page 6 Tuesday, November 22, 2016 10. PUBLIC HEARINGS 10.a. Consideration of Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2017. Community Development Director McClish presented the staff report and recommended that the Council provide preliminary approval of proposed projects to be funded with the City’s allocation of CDBG funds for the Year 2017. Mayor Hill opened the public hearing. Hearing no comments, Mayor Hill closed the public hearing. Action: Mayor Pro Tem Harmon moved to provide preliminary approval of proposed projects to be funded with the City’s allocation of CDBG funds for the Year 2017. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Barneich, Guthrie, Brown, Hill NOES: None ABSENT: None 10.b. Consideration of a Resolution to Amend the Stage 1 Water Shortage Emergency Provisions to Implement Additional Restrictions Including the Prohibition of New Water Connections when Specified Water Conditions are Determined to Exist. Interim City Manager McFall provided introductory comments and Community Development Director McClish and Utilities Manager Taylor presented the staff report and recommended that the Council adopt a Resolution amending Exhibit A of Resolution 4659 relating to triggering conditions that will implement additional restrictions during the declared Stage 1 Water Shortage Emergency (Stage “1B”) in order to protect the health, safety and welfare of the citizens of the City. Mayor Hill opened the public hearing. Speaking from the public were: Tiffany Magallanes, expressed concern regarding building restrictions for small projects and asked for clarification regarding existing water meter connections; Josh Peterson, Grand and Courtland project, has 34 permits currently in process and asked questions related to current utilization, 1.5 offset and purchase of water from other cities, and asked whether City facilities have been retrofitted; Brad Snook, referred to the Urban Water Management Plan and asked why the City is not in a Stage 2 or 3 when the City only has 2 years of water left, expressed concerns regarding use of water, opposed restrictions on car washing, and asked how much water escapes the system; Patty Welsh, requested clarification on use of rain barrels and fines relating to designated irrigation meters on commercial properties who do not cut back their use; Bob Kido, referred to Attachment 2 and expressed concern regarding time and investment spent on these projects and urged the Council to carefully consider their actions regarding this item; Dr. Shapiro, asked about the current level of Lopez Lake; Steve Puglisi, expressed concern regarding the moratorium and requested that planning applications that are deemed complete be allowed to continue processing, and spoke about traffic reports for development projects; LeAnn Akins, spoke regarding the level of Lopez Lake as noted on the slocountywater.org website and asked questions regarding triggers, health and safety, and retrofit projects; Kirby Gordon, asked Item 9.d. - Page 6 Minutes: City Council/Successor Agency Special and Regular Meetings Page 7 Tuesday, November 22, 2016 Council to consider how long it takes to get an application through the process and to exempt those that have approved projects currently in the pipeline; Scott Pace, expressed concern regarding the length of time for the planning and permitting process; Gary Axelson, expressed concern with the projects that are being impacted by the proposed Resolution and urged the Council to include those projects that are further along in the pipeline; Jack Hardy, expressed concern with the proposed moratorium and that the City needs to work harder on finding other water sources, expressed concern with the lack of housing supply, that Arroyo Grande is difficult to work with to get projects approved, and the retrofit options do not address eradication of the eucalyptus trees; Jeff Echols, Executive Director, Home Builders, noted the Council’s adopted goals to improve financial sustainability/economic development and to increase water security, and urged the Council to approach the building restrictions with caution, commented that the move from a ratio of 1:1 to 1: 1.15 is onerous, commented on the in-lieu fee program, and stated that project applications that are deemed complete should move forward; John Mack, spoke regarding the level of Lopez Lake and water monitoring issues, that more commercial development is needed, and that retrofitting needs to be equitable for both residential and commercial uses; Russ Sheppel, spoke regarding his memory care facility project and requested exemption from the proposed restrictions; Deborah Love, spoke about the need to provide water for residents, commented that in-lieu fees do not save water, opposed eradication of eucalyptus trees, favored water restrictions for commercial uses; Patricia Price, stated the City is running out of water and encouraged the Council to stop projects for now and to stop accepting applications; Tom Cook, commented he has a completed application for a project with an existing meter and expressed concern that his project could be at risk if building restrictions were imposed; and April Dury, stated the City should stop allowing projects that are using the City’s limited resources and favored putting the building restrictions in place. Hearing no further comments, Mayor Hill closed the public hearing. Further Council and staff discussion and clarification ensued in response to questions from the public. Mayor Pro Tem Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING EXHIBIT A OF RESOLUTION 4659 RELATING TO TRIGGERING CONDITIONS THAT WILL IMPLEMENT ADDITIONAL RESTRICTIONS DURING THE DECLARED STAGE 1 WATER SHORTAGE EMERGENCY (“STAGE 1B”) WHEN SPECIFIED WATER CONDITIONS ARE DETERMINED TO EXIST, IN ORDER TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY”, with the following modifications: Section E. Item 1.c., delete the language related to “in conjunction with Lopez supply reductions of 20%”; then moving on Section E.2.a., omit the statement which reads “washing of private vehicles shall be prohibited except at commercial car wash facilities”; then as far as Section E.2.d., remove the language that says “any project that does not have a building permit” and include the following language: “That there shall be no new or additional water connections for any projects unless a building application has been accepted for plan check, or a map has been finaled, or a planning permit approval entitlement has been issued, or a planning application has been deemed complete, and then to include in the exemption single lots and smaller projects of less than 4 residential units or less than 5000 sq. ft. of commercial space where water demand will be less than or equal to the existing water demand at the time of the certification that a triggering condition exists”, with no other changes to Section d; then moving on to Section e., in the first sentence, which talks about the demand Item 9.d. - Page 7 Minutes: City Council/Successor Agency Special and Regular Meetings Page 8 Tuesday, November 22, 2016 by a ratio of 1:1.5, add an exemption for the memory care facility and add a cash in-lieu of program, as well, related to that offset. Council Member Barneich seconded the motion. Discussion and clarification ensued that the memory care facility would already be considered exempt from the water connection restriction by virtue of being not only deemed complete, but it is an approved plan; and regarding the 1.5 offset as it relates to retrofits and in-lieu fees when there are no feasible retrofit options. Assistant City Attorney Hirsch stated that to the extent that we would be looking at creating an in-lieu option that encompassed the entire 1.5, we would have to come back. In response to a question by Council Member Barneich regarding historical use on a piece of property, Community Development Director McClish suggested insertion of an exemption for redevelopment projects that are creating no new demand. Mayor Pro Tem Harmon agreed to include that in the motion. City Attorney Whitham stated that if the property already has a water connection then the prohibition on new water connections would not apply. Community Development Director McClish clarified that there may be opportunities for redevelopment projects where they have water, and they have a water meter, but they may need additional water meters, so that’s where the circumstance would be applicable, where they have an existing demand that could be used as a credit. She explained if the project is not deemed complete and is coming forward, you would apply the 1: 1.15 ratio to the new demand, excepting the historical demand on the site. Mayor Pro Tem Harmon agreed with the amendments as discussed and removed the reference to the memory care facility. Assistant City Attorney Hirsch acknowledged that Mayor Pro Tem Harmon read all three conditions in her motion, but that the intent could be achieved to read: “There shall be no new or additional water connections for any projects unless the planning application for the project has been deemed complete at the time of certification where a triggering condition exists”. Mayor Pro Tem Harmon concurred and amended her motion. In response to a question by Mayor Hill, staff confirmed that if there was a catastrophic loss where there is a new building permit, and there is an existing water connection, that it would be exempted from the restriction. In response to further clarification regarding the cash in-lieu of the full 1.5 ratio, Assistant City Attorney Hirsch stated the Resolution includes language that smaller projects could pay an in- lieu fee and that the Resolution should include language of the in-lieu fee for all projects and that said fees shall be established by Resolution of the City Council. Mayor Pro Tem Harmon agreed and amended her motion to include that language in the motion. On the following roll call vote, the motion failed: AYES: Harmon, Barneich NOES: Guthrie, Brown, Hill ABSENT: None Item 9.d. - Page 8 Minutes: City Council/Successor Agency Special and Regular Meetings Page 9 Tuesday, November 22, 2016 Council Member Guthrie moved to approve the same motion, but using the planning entitlement issued as the trigger. Assistant City Attorney Hirsch stated for clarification that the Resolution would read: “That there shall be no new or additional water connections for any project that does not have all required planning project approvals and entitlements at the time of a certification that a triggering condition exists”. The motion failed due to the lack of a second. Council Member Guthrie moved to approve Mayor Pro Tem Harmon’s original motion using the planning applications deemed complete as the trigger. Mayor Pro Tem Harmon seconded the motion. Following brief comments, Council Member Guthrie withdrew his motion. Action: Mayor Hill moved to approve Council Member Guthrie’s previous motion by using the planning entitlement issued as the trigger. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Hill, Guthrie, Barneich NOES: Brown, Harmon 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. Action: Council Member Brown moved to continue the meeting until 11:15 p.m. The motion passed unanimously by voice vote. 11. OLD BUSINESS 11.a. Consideration of Status of the Brisco Interchange Temporary Closure. Community Development Director McClish presented the staff report and recommended that the Council provide staff direction regarding the continued temporary closure of the Brisco Interchange northbound ramps for an additional six-months. Staff and consultant Nate Stong, Omni-Means, responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Alicia Lara, regarding the environmental document as it relates to public review, and asked for clarification of the process when funding becomes available and where the funding for the project is coming from; LeAnn Akins, commented on public review of the environmental document and noted that traffic was impacted when the ramps were open, and expressed concern about traffic impacts when the Food 4 Less store opens; April Dury, commented on traffic flow, doing a traffic study when Food 4 Less opens, favored Alternative 1 as the best project alternative, and favored keeping the ramps closed; Mark Mankins, commented that it is hard to get accurate data while the grocery store has been closed; and Patricia Price, expressed support for the continued closure of the ramps. Item 9.d. - Page 9 Minutes: City Council/Successor Agency Special and Regular Meetings Page 10 Tuesday, November 22, 2016 Mayor Hill moved to direct staff to continue the full closure until June 11, 2017 and to further direct staff to adjust the signal timing to eliminate queuing and to move forward in issuing the environmental document. The motion failed due to the lack of a second. Action: Council Member Barneich moved to re-open the on and off ramps. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Guthrie, Brown, Harmon NOES: Hill ABSENT: None 12. NEW BUSINESS None. Due to the late hour, the remaining items were not heard. 13. COUNCIL COMMUNICATIONS 14. COMMUNITY COMMENTS AND SUGGESTIONS 15. CLOSED SESSION None. ADJOURNMENT Mayor Hill adjourned the meeting at 11:46 p.m. _________________________ Jim Hill, Mayor ATTEST: _________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg _________) Item 9.d. - Page 10