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CC 2017-05-23_09d Approval of Minutes 05.09.17ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 9, 2017 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: Council Members Caren Ray, Barbara Harmon, Kristen Barneich, Mayor Pro Tem Brown, and Mayor Jim Hill were present. Staff Present: City Manager Jim Bergman, 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, Acting Police Chief Beau Pryor, Public Works Director Chris Magdosku, and Associate Planner Kelly Heffernon. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Arroyo Grande Cub Scout Pack 13 led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Regular Meeting of April 25, 2017 a) Conference With Labor Negotiator Pursuant To Government Code Section 54957.6: Agency Designated Representatives: Debbie Malicoat, Administrative Services Director; Karen Sisko, Human Resources Manager Employee Organization: Arroyo Grande Police Officers’ Association (AGPOA) b) Conference With Labor Negotiator Pursuant To Government Code Section 54957.6: Agency Designated Representatives: Debbie Malicoat, Administrative Services Director; Karen Sisko, Human Resources Manager Employee Organization: Service Employees International Union, Local 620 c) Conference With Legal Counsel – Existing Litigation Pursuant To Government Code Section 54956.9(d)(1): Name of Case: Appeal of CalPERS determination dated January 26, 2017, (CalPERS ID: 4633639204) City Attorney Whitham announced that the Council met in closed session on April 25, 2017 and no reportable action was taken. Item 9.d. - Page 1 Minutes: City Council Regular Meeting Page 2 Tuesday, May 9, 2017 5.b. Ordinances Read in Title Only. Council Member Barneich moved, Mayor Pro Tem Brown 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. Introduction of New City Employees – Marisela Moreno, Building Permit Technician and Kory Brooks, Maintenance Worker I. Community Development Director McClish introduced new full-time Building Permit Technician Marisela Moreno and provided a brief overview of her background and experience. Public Works Director Magdosku introduced Maintenance Worker I Kory Brooks and provided a brief overview of his background and experience. 6.b. Mayor’s Commendation Recognizing Jordan Hasay for her Accomplishments in the 2017 Boston Marathon. Mayor Hill announced that this item would be rescheduled for a future meeting. 6.c. Honorary Proclamation Declaring May 21-27, 2017 as “National Public Works Week”. Mayor Hill presented an Honorary Proclamation declaring May 21-27, 2017 as “National Public Works Week”. Public Works Director Magdosku accepted the Proclamation. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an invocation; Peter Carlson, contractor, submitted a letter to the Council regarding small projects and expressed concerns about the 100 square foot requirement that triggers installation of underground utilities and sidewalks, which is cumbersome and too expensive for smaller projects, and suggested ways the City could make changes in its requirements; and Riley Betitia, stated that in honor of National Public Works Week, he would like to thank the City and its staff for working with him on his Eagle Scout project. 8. CITY MANAGER REPORT: City Manager Bergman provided a status update on the informational letter to all water customers following the Council’s action to rescind the Stage 1 Water Shortage Emergency; reported that the majority of City staff attended mandatory training on workplace harassment and announced that make-up dates will be available soon for those who could not attend, and reminded the Council that elected officials are also required to attend; and announced that he will be attending Father Daughter Date Night with his daughter on June 3rd at the South County Regional Center at 5:00 p.m. 9. CONSENT AGENDA Mayor Hill invited public comment on the consent agenda. No public comments were received. Item 9.d. - Page 2 Minutes: City Council Regular Meeting Page 3 Tuesday, May 9, 2017 Action: Council Member Barneich moved, and Mayor Pro Tem Brown seconded the motion to approve Consent Agenda Items 9.a. through 9.e., with the recommended courses of action. City Attorney Whitham read the full title of the Ordinance in Item 9.c. The motion passed on the following roll-call vote: AYES: Barneich, Brown, Ray, Harmon, Hill NOES: None ABSENT: None 9.a. Consideration of Cash Disbursement Ratification Action: Ratified the listing of cash disbursements for the period April 16, 2017 through April 30, 2017. 9.b. Consideration of Approval of Minutes Action: Approved the minutes of the Regular City Council Meeting of April 25, 2017, as submitted. 9.c. Consideration of Development Code Amendment 15-001: Adoption of an Ordinance to Amend Regulations Regarding Small Cell Telecommunication Facilities; Location – Citywide; Applicant – Verizon Wireless Action: Adopted an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 16.04.070(C), TABLE 16.36.030(A) AND TABLE 16.44.040-A OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO SMALL CELL TELECOMMUNICATION FACILITIES”. 9.d. Consideration of an Award of Contract to SoCal Pacific Construction Corporation for Construction of the Manhole Rehabilitation Project, PW 2017-03 Action: 1) Approved the construction plans and specifications for the Manhole Rehabilitation Project, PW 2017-03; 2) Found that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(b); 3) Directed the City Clerk to file a Notice of Exemption; 4) Awarded a contract for the Manhole Rehabilitation Project to SoCal Pacific Construction Corporation in the amount of $91,217.31; 5) Authorized the City Manager to approve change orders for 10% of the contract amount, $9,121.73, for unanticipated costs during the construction phase of the project; and 6) Allocated $22,200 from the Sewer Fund for the project. 9.e. Consideration of Acceptance of the Corporation Yard Stormwater Improvements Project, PW 2016-14 Action: 1) Accepted the project improvements as constructed by Apodaca Paving in accordance with the plans and specifications for the Corporation Yard Stormwater Improvements 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. 10. PUBLIC HEARINGS 10.a. Consideration of Development Code Amendment 17-001; Vesting Tentative Tract Map 16-001 (Tract 3079) and a Draft Mitigated Negative Declaration for a 7-Lot Residential Subdivision; Location – Rodeo Drive and Grace Lane; Applicant – Kirby Gordon; Representative – Jeffrey Emrick. Item 9.d. - Page 3 Minutes: City Council Regular Meeting Page 4 Tuesday, May 9, 2017 Mayor Hill announced a potential conflict of interest relating to ownership of real property near the project on Grace Lane, stepped down from the dais, and left the room. Mayor Pro Tem Brown took over as Presiding Officer. Community Development Director McClish introduced the item. Associate Planner Heffernon presented the staff report and noted the following recommended changes to the conditions of approval:  COA 21: A 5’10’ wide street tree easement shall be provided behind the back of sidewalk along the street frontage.  COA 30: The Five Cities Fire Authority shall approve the driveway design for Lot 5 prior to final map building permit.  COA 83: The infiltration basins shall be landscaped according to Condition No. 3134, and shall be maintained through a maintenance agreement, approved by the City Attorney. It was recommended that the Council: 1) Introduce an Ordinance amending Ordinance No. 355 C.S. “Royal Oaks Estates” to increase the maximum allowed density within Planned Development 1.3 for Lot 184 from 1 unit to 7 units; and 2) Adopt a Resolution, as amended, adopting a Mitigated Negative Declaration and approving Vesting Tentative Tract Map 16-001 (7-Lot residential subdivision with lots ranging in size from 0.58 to 1.32 acres with a 0.28-acre offer of dedication for roadway purposes). Staff responded to questions from Council. Jeffrey Emrick, representing the applicant, responded to questions from Council regarding driveway locations, drainage, detention basins, viewshed review, and graywater use systems. Mayor Pro Tem Brown opened the public hearing. Speaking from the public were Kirby Gordon, applicant, commented on his appreciation for the pre-application process, the opportunity to address concerns, and commented on issues relating to viewshed, meeting and conferring with neighbors, and access to the project; Susan Weiss, asked if there has been any discussion to having Lot 5 remain as open space; Robert, Dove Court, spoke in support of the proposed 7 lot subdivision project instead of the previously proposed 18 lot subdivision project, referred to Lot 5, commented on the existing trees and favored driveway access from Grace Lane so trees do not have to be removed; and Resident, Grace Lane, spoke in support of the project. Hearing no further public comments, Mayor Pro Tem Brown closed the public hearing. Action: Council Member Ray moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING VESTING TENTATIVE TRACT MAP 16-001 (TRACT 3079); LOCATION- RODEO DRIVE AND GRACE LANE; APPLICANT- KIRBY GORDON; REPRESENTATIVE – JEFFREY EMRICK”, as modified to require driveway access and change conditions of approval to require access for Lot 5 to be on Grace Lane; change Condition of Approval No. 71 regarding tree wells/root barriers to add language specifying approval at the discretion of the Public Works Director; change Condition of Approval No. 101 with regard to protection of all Coastal Live Oak Trees; that the Design Guidelines be modified to require graywater system installation; and require that turf be limited to 10% of all landscaped areas. Council Member Barneich seconded the motion. Brief discussion ensued regarding Item 9.d. - Page 4 Minutes: City Council Regular Meeting Page 5 Tuesday, May 9, 2017 concerns about limiting turf to 10% in all landscaped areas. City Attorney Whitham also asked if the motion included the proposed changes to conditions of approval 21, 30, and 83 as recommended in the staff report presentation. Council Member Ray agreed to amend her motion to include the additional modifications to conditions of approval 21, 30, and 83, and also to change the condition of approval regarding limitation of turf in landscaped areas back to 25%. Council Member Barneich restated her second to the motion. The motion passed on the following roll call vote: AYES: Ray, Barneich, Harmon, Brown NOES: None ABSENT: Hill Action: Council Member Harmon moved to introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ORDINANCE NO. 355 C.S. “ROYAL OAKS ESTATES” TO INCREASE THE MAXIMUM ALLOWED DENSITY WITHIN PLANNED DEVELOPMENT 1.3; DEVELOPMENT CODE AMENDMENT 17-001; LOCATION- RODEO DRIVE AND GRACE LANE; APPLICANT- KIRBY GORDON; REPRESENTATIVE – JEFFREY EMRICK”. Council Member Ray seconded, and the motion passed on the following roll call vote: AYES: Harmon, Ray, Barneich, Brown NOES: None ABSENT: Hill Mayor Pro Tem Brown called for a break at 7:46 p.m. Mayor Hill returned to the dais and reconvened the meeting at 7:55 p.m. 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a. Consideration of Preliminary Fiscal Year 2017-18 Budget. City Manager Bergman introduced the item. Administrative Services Director Malicoat presented the staff report and recommended that the Council review and provide direction on the preliminary Fiscal Year (FY) 2017-18 budget. Staff responded to questions from Council. Mayor Hill invited public comment. No public comments were received. Council discussion ensued in support of the preliminary budget as proposed, including direction to staff to include the proposed operating budget changes for increasing network storage ($65,000); reclassification of an existing Geographic Information System (GIS) Technician position to an Analyst position ($8,000) to address a citywide need for program analyst, communication support and coordination of social media; funding for an in-house engineering Inspection limited term position (to replace use of consultants at no net cost); and increased funding for water administration due to an increase in fees paid to the State of California for the operation of the water system ($20,000). Item 9.d. - Page 5 Minutes: City Council Regular Meeting Page 6 Tuesday, May 9, 2017 Additional comments included support of the proposed capital improvement projects for FY 2017- 18; reducing the scope of the parking study, and a suggestion to increase funds for Citywide sidewalk repairs if possible. No formal action was taken. 13. COUNCIL COMMUNICATIONS Council Member Harmon requested the Five Cities Fire Authority Strategic Plan summary presentation be placed on the May 23, 2017 City Council Agenda. Council Member Barneich concurred. Council Member Ray referred to a second development in the City that is having problems with stormwater and requested an item be brought back as an informational item on the current issues with stormwater runoff. Mayor Hill concurred. Following brief discussion, staff was directed to prepare and distribute a detailed memorandum to the Council regarding the City’s current stormwater process for review prior to consideration of placing the issue on a future agenda. Mayor Pro Tem Brown acknowledged Fin’s Restaurant, stated that he attended a recent fundraiser at the restaurant benefitting the Five Cities Homeless Coalition, acknowledged all the volunteers, reported that $16,000 was raised for the warming shelter, and suggested recognizing Bruce Van Vort, owner of Fin’s Restaurant, and the volunteers for their fundraising efforts on behalf of the Five Cities Homeless Coalition. Mayor Hill commented on the fire at Sunrise Terrace and the loss of two homes and complimented the Five Cities Fire Authority for their efforts to control the fire in a high wind situation. Council Member Harmon noted she had a summary memo regarding the fire from the Fire Authority that she would distribute to the Council. 14. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Hill invited public comment. No public comments were received. 15. CLOSED SESSION At 10:22 p.m., City Attorney Heather Whitham announced that the City Council would adjourn to closed session to consider the following item: a) Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: 250 Wesley Street, Arroyo Grande (APNs 007-011-021 and 007-011-049) Agency Negotiator: Teresa McClish, Community Development Director Negotiating Party: Eric Knowles, Kidder Matthews Under Negotiation: Price and Terms of Payment Adjourned to closed session. Item 9.d. - Page 6 Minutes: City Council Regular Meeting Page 7 Tuesday, May 9, 2017 16. RECONVENE TO OPEN SESSION: At 11:08 p.m., the Council reconvened to open session. City Attorney Whitham announced that there was no reportable action. ADJOURNMENT Mayor Hill adjourned the meeting at 11:09 p.m. __________________________ Jim Hill, Mayor ATTEST: __________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ___________) Item 9.d. - Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.d. - Page 8