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CC 2018-04-10_09d Approval of CC Minutes_20180313 and 20180327ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY TUESDAY, MARCH 13, 2018 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Hill called the City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council/Board: Council/Board Members Barbara Harmon, Kristen Barneich and Tim Brown, Mayor Pro Tem/Vice Chair Ray, and Mayor/Chair 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, Director of Community Development Teresa McClish, Associate Planner Kelly Heffernon, and Five Cities Fire Authority Fire Chief Steve Lieberman. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Sean Schuur, representing 5 Cities Men’s Club, led the Flag Salute. 5. AGENDA REVIEW Mayor Hill requested, and the Council concurred, to move Item 12.a. up on the Agenda prior to the consent agenda in order to accommodate the consultant. 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 None. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an invocation; Coleen Kubel, urged the Council to support its representative on the Sanitation District Board by sending a letter requesting certain items be placed on the agenda, and also suggested the Council request the Sanitation District to consider changing to a five member Board; Patty Welsh, referred to the Bellaserra development and stated the developers have not complied with the landscape plan, expressed concern about the standing water in the basin, expressed concern about the inconsistent fencing material throughout the development, and stated she has not received a response from the City regarding her concerns; Patricia Price, Item 9.d. - Page 1 Minutes: City Council/Successor Agency Meeting Page 2 Tuesday, March 13, 2018 suggested the Council send a letter to the Sanitation District regarding Mayor Hill’s request to place items on the Agenda, and expressed concerns about the status of the audit for the Sanitation District; and Richard Berg, commented on water quality and the City’s water sources, commented on oil wells, referred to a ballot initiative to ban new oil wells and to prevent fracking in San Luis Obispo County and requested the Council study the issue and provide comments to the County. No further comments were received. 8. CITY MANAGER/DIRECTOR REPORT There were no communications from staff. The next agenda item was heard out of order. 12. NEW BUSINESS 12.a. Consideration of Refunding 2007 Tax Allocation Bonds. [CITY COUNCIL/SUCCESSOR AGENCY] Administrative Services Director Malicoat provided introductory comments. Bond consultants Mark Pressman and Erick Cruz of Wulff, Hansen & Co., provided a presentation regarding the proposed 2007 Tax Allocation Bonds Refunding – Debt Service Savings Analysis. Mr. Pressman and staff responded to questions from the Council/Board members. Mayor/Chair Hill invited public comment. Speaking from the public was Linda Osty, clarifying that the term for the bonds would not be extended. No further public comments were received. Successor Agency Action: Board Member Barneich moved to: 1) Provide authorization to issue taxable tax allocation refunding bonds to refund in full the Arroyo Grande Redevelopment Agency, Arroyo Grande Redevelopment Project Area, and 2007 Tax Allocation Bonds; 2) Adopt a Resolution entitled: “A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING THE ISSUANCE OF REFUNDING BONDS IN ORDER TO REFUND CERTAIN OUTSTANDING OBLIGATIONS OF THE FORMER ARROYO GRANDE REDEVELOPMENT AGENCY, APPROVING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, AN ESCROW AGREEMENT AND A BOND PURCHASE AGREEMENT RELATING THERETO, REQUESTING OVERSIGHT BOARD APPROVAL OF THE ISSUANCE OF THE REFUNDING BONDS, REQUESTING CERTAIN DETERMINATIONS BY THE OVERSIGHT BOARD, AND PROVIDING FOR OTHER MATTERS RELATING THERETO”; and 3) Authorize the Executive Director to amend or revise minor, non-substantive changes and execute final documents and agreements as needed to affect the bond refunding, provided they are in substantial compliance with the draft documents and Board direction. Board Member Brown seconded, and the motion passed on the following roll call vote: AYES: Board Members Barneich, Brown, Harmon, Ray, and Chair Hill NOES: None ABSENT: None Item 9.d. - Page 2 Minutes: City Council/Successor Agency Meeting Page 3 Tuesday, March 13, 2018 City Council Action: Council Member Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A DEBT MANAGEMENT POLICY”. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Council Members Harmon, Brown, Barneich, Ray, and Chair Hill NOES: None ABSENT: None 9. CONSENT AGENDA Council Member Barneich requested that Item 9.g. be pulled for a separate vote. Mayor Hill invited public comment on the consent agenda. No public comments were received. Action: Council Member Brown moved, and Council Member Harmon seconded the motion to approve Consent Agenda Items 9.a. through 9.f., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Harmon, Barneich, Ray, Hill NOES: None ABSENT: None 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period February 16, 2018 through February 28, 2018. 9.b. Consideration of Reimbursement to the City of San Luis Obispo. Action: 1) Appropriated $13,400 from the General Fund unallocated fund balance; and 2) Approved reimbursement to the City of San Luis Obispo for $13,367.12 for Coalition of Cities costs related to the closure of the Diablo Nuclear Power Plant. 9.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meetings of February 13, 2018, and February 27, 2018, as submitted. 9.d. Consideration of Council Appointment to Traffic Commission. Action: Approved the recommendation of Council Member Brown to appoint Timothy Storton to the Traffic Commission. 9.e. Consideration of Acceptance of the Santos Field Barrier Removal Project, PW 2017-01. Action: 1) Accepted the project improvements as constructed by Sansone Company, Inc. in accordance with the plans and specifications for the Santos Field Barrier Removal Project, PW 2017-01; 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.f. Consideration of a Sixth Amendment to Agreement for Consultant Services with Quincy Engineering, Inc. for the Bridge Street Bridge Rehabilitation Project. Action: 1) Approved a Sixth Amendment to the Agreement for Consultant Services (“Sixth Amendment”) with Quincy Engineering, Inc. to include additional services; 2) Item 9.d. - Page 3 Minutes: City Council/Successor Agency Meeting Page 4 Tuesday, March 13, 2018 Authorized the Mayor to execute the Sixth Amendment; and 3) Appropriated an additional $100,000 of Local Highway Bridge Program (HBP) grant funds in the capital improvement program budget for the utility design phase of the project. ITEMS PULLED FROM CONSENT AGENDA 9.g. Consideration of Temporary Use Permit No. 17-023; Authorization to use City Property for a Beer and Food Festival on Saturday, October 13, 2018, and Waiver of Application Fees; Location – Heritage Square Park; Applicant – Arroyo Grande Village Improvement Association; Representative – Bob Lund Recommended Action: Adopt a Resolution approving Temporary Use Permit 17-023. Council Member Barneich stated she would recuse herself from voting on this item due to a conflict of interest resulting from her position as a private citizen on the Board of the 5Cities Homeless Coalition, which is a recipient of a small amount of funds from the Beer and Food Festival. Mayor Hill invited public comment. No public comments were received. Mayor Hill noted that he has not supported this item in the past as the adult event is held in one of the City’s parks and he preferred to see the park open to everyone during that time. Action: Council Member Brown moved, and Mayor Pro Tem Ray seconded the motion to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO.17-023 AND WAIVER OF APPLICATION FEES; AUTHORIZATION TO USE CITY PROPERTY FOR A BEER AND FOOD FESTIVAL ON OCTOBER 13, 2018; LOCATED AT HERITAGE SQUARE PARK; APPLIED FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION”. The motion passed on the following roll-call vote: AYES: Brown, Ray, Harmon NOES: Hill ABSENT: Barneich (recused) 10. PUBLIC HEARINGS 10.a. Consideration of Community Development Block Grant (CDBG) Projects and Jim Guthrie Community Service Grant Program Allocations for Year 2018. Council Member Barneich announced she would recuse herself and step down for this item due to a conflict of interest resulting from her position as a private citizen on the Board of the 5Cities Homeless Coalition. Community Development Director McClish provided introductory comments. Associate Planner Heffernon presented the staff report and recommended that the City Council: 1) Adopt a Resolution approving projects proposed by the 5Cities Homeless Coalition and Family Care Network, Inc. to be funded with the City’s allocation of CDBG funds for the Year 2018; and 2) Item 9.d. - Page 4 Minutes: City Council/Successor Agency Meeting Page 5 Tuesday, March 13, 2018 Adopt a Resolution approving projects to be funded with the City's Jim Guthrie Community Service Grant Program funds. Staff responded to questions from Council. In response to a question by Council Member Brown regarding the Family Care Network’s application, Bobbi Boyer, CDBG applicant representing Family Care Network, stated that they have not yet secured additional funding to close the financial gap for their project, but they are still looking. Council Member Brown asked Ms. Boyer to write a letter to the City Manager requesting that the City reach out to other entities to see if they would be willing to help. Mayor Hill opened the public hearing. Speaking from the public were: Jim Guthrie, who spoke about the Community Service Grant Program, expressed concern that the Council is allocating CDBG funds for a community service project, and commented on Council Member Barneich’s conflict of interest; Carol Florence, representing Big Brothers Big Sisters of San Luis Obispo County, expressed gratitude for acknowledgment of the work they do, thanked the Council for its consideration, and introduced their new Executive Director Jenny Luciano; Danielle Atencio, representing Peoples’ Self-Help Housing, provided an overview of the organization and provided information about its grant request to provide a “Little Free Library” at Courtland Street Apartments and requested the Council reconsider its application for funding; Susan Graves, representing CASA, thanked the Council for the grant funding and provided an update of services that CASA provides; Bob Kerwin, representing SCORE, provided an overview of its programs and thanked the Council for their continued support; Sue Pino, representing Assistance League of San Luis Obispo County, spoke about the Operation School Bell program and thanked the Council for their consideration; Christopher Hamma, representing ECOSLO, spoke about its volunteer cleanup activities, thanked the Council for their consideration, acknowledged the organizations that received funding, and announced that Coastal Clean Up Day is always looking for sponsors; Marcia Alter, representing Homeshare SLO, spoke about the Homeshare SLO program, gave an update on the program’s progress throughout the County and hoped the Council would reconsider and provide some level of funding; Jana Nichols, representing 5Cities Homeless Coalition, thanked the Council for their consideration and provided an update of the Coalition’s recent activities. Upon hearing no further public comments, Mayor Hill closed the public hearing. Action: Council Member Harmon moved to: 1) Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS FOR YEAR 2018”; and 2) Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING JIM GUTHRIE COMMUNITY SERVICE GRANT PROGRAM PROJECTS FOR YEAR 2018”. Mayor Pro Tem Ray seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Ray, Brown, Hill NOES: None ABSENT: Barneich (recused) 11. OLD BUSINESS None. Item 9.d. - Page 5 Minutes: City Council/Successor Agency Meeting Page 6 Tuesday, March 13, 2018 12. NEW BUSINESS 12.b. Consideration of an Ordinance Adding Section 15.04.032 to Title 15 of the Arroyo Grande Municipal Code to Create an Expedited Permitting Process for Electric Vehicle Charging Stations (Staff Project No. 18-002). Community Development Director McClish provided introductory comments. Associate Planner Heffernon presented the staff report and recommended the Council introduce an Ordinance adding Section 15.04.032 to Title 15 of the Arroyo Grande Municipal Code (Buildings and Construction) to create an expedited and streamlined permitting process for electric vehicle charging stations as required by Government Code Section 65850.7. Mayor Hill invited public comment. Speaking from the public were: Jim Guthrie, regarding the City’s permitting processes; Patty Welsh, stated that she doesn’t see a big rush of applications coming in that would impact staff; John Keen, spoke about the placement of electric vehicle charging stations, the use for charging stations versus parking spots, and expressed concern that Arroyo Grande Hospital removed four ADA spaces and replaced them with charging stations and requested that staff guidance be included in permit process; and Coleen Kubel, commented on the permit process, stated she has been waiting 90 days for an accessory dwelling unit permit, and spoke about the need for a more streamlined and user friendly permitting process. Council Member Harmon expressed concern about the State mandate and giving this permit application process priority over other permits. Council Member Brown stated he did not support placing electric vehicle stations close to building entrances as an incentive. Further Council comments ensued regarding the electric vehicle infrastructure permitting checklist, clarification that the checklist is not part of the proposed ordinance and is subject to approval by the Building Official, and direction to staff to ensure that priority is provided for required ADA parking spaces over parking spaces for electric vehicle charging stations, and that the checklist is modified accordingly. Action: Mayor Pro Tem Ray moved to introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO ADDING SECTION 15.04.032 TO TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION) TO CREATE AN EXPEDITED AND STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AS REQUIRED BY GOVERNMENT CODE SECTION 65850.7”, and further, to direct the Building Official to modify the checklist with regard to preserving the City’s ADA/handicapped parking spaces. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Ray, Barneich, Hill NOES: Brown, Harmon ABSENT: None 12.c. Provide Policy and Early Budget Direction Regarding Fire and Emergency Services Due to Anticipated Cost Increases. Item 9.d. - Page 6 Minutes: City Council/Successor Agency Meeting Page 7 Tuesday, March 13, 2018 City Manager Bergman presented the staff report and recommended the City Council: 1) Continue under the adopted policy to “Maintain and improve the Fire Department’s ability to respond to emergency calls and suppress fires throughout the City within a maximum response time of six (6) minutes… More concentrated urban uses should be within four (4) minutes response time”; 2) Continue to support the transition to full-time firefighters and three (3) person staffing; (Captain, Engineer, and Firefighter on each shift); and 3) Provide direction to the City Manager, as part of the current budget process regarding the Council’s expectations for service levels and thoughts on the most cost effective way to provide those services. Staff responded to questions from Council. Mayor Hill invited public comment. Speaking from the public were: Jim Guthrie, stated that fire services have improved and no complaints have been received about fire service in Arroyo Grande, suggested two stations and two crews, acknowledged that there are capacity issues, and expressed concern as it relates to maintaining the Mutual Aid Agreements; Patty Welsh, expressed concerns regarding response time as it relates to calls being dispatched, and costs for the City and its partner agencies; Pamela Storton, asked questions related to cost distribution and data, how many calls come from tourists, and if the statistics are considered when calculating the costs; Craig VanderZwaag, commented he would like to see a regional approach for providing modern fire and emergency services; Patricia Price, supported providing the best service possible while keeping the cost affordable, and suggested an option for maintaining two stations; Patrick Ferguson, President of the International Association of Firefighters Local 4403, spoke regarding current staffing issues, requests for service and the variety of calls received, that there is an issue of staff and capacity to provide an acceptable level of service, that the cost for service has grown, the area has developed and must move toward a full staffing model, and responded briefly to questions from Council; Terry Fibich, retired Fire Chief, stated that the top priority is the safety of the community, acknowledged the diminishing sustainability of volunteers, the need for full-time paid staff and that the situation with PERS has made it difficult; and Corky Clark Henderson, representing Friends of the Five Cities Fire Authority, provided background of its formation to assist and raise funds for the Five Cities Fire Authority and encouraged members of the public to learn more by visiting www.friendsof5citiesfire.org. Hearing no further public comments, Mayor Hill closed the public comment period. Council comments ensued regarding the current cost allocation formula and the need to reevaluate the funding allocation; acknowledgement that the current reserve firefighter model is unsustainable; the need for maintaining response times as set forth in the City’s General Plan; acknowledgement that services provided by CalFire are more expensive; that accurate and solid data is needed for further evaluation of new formulas or cost allocations in order to make sound budget decisions; support for a three person staffing model for Arroyo Grande and that there would need to be more parity in the funding allocation contained in the Joint Powers Agreement; Council expressed support for maintaining the City’s General Plan policies as it relates to emergency response times; support for transitioning to full-time firefighters and a three (3) person staffing model (Captain, Engineer, and Firefighter on each shift) in Arroyo Grande, however, not under the current funding allocation; and that the existing JPA Agreement needs to be reevaluated and additional data and options must be presented for revising the funding allocations. No formal action was taken on this item. Item 9.d. - Page 7 Minutes: City Council/Successor Agency Meeting Page 8 Tuesday, March 13, 2018 13. COUNCIL COMMUNICATIONS Council Member Brown referred to earlier public comment regarding a request to write a letter to the Sanitation District regarding the audit(s), expressed concern about delays and funding impacts for the Redundancy and Recycling Projects until the audits are done, and requested the Council consider directing the City Manager to send a letter. Council Member Harmon concurred. Mayor Pro Tem Ray also noted that the Council had previously discussed inviting Sanitation District staff to make a presentation at a future Council meeting and inquired when that was going to occur. City Manager stated he would follow up with a letter to the Sanitation District regarding completion of the audits and would reach out to Sanitation District staff about having them provide an update to the Council at a future meeting. Council Member Barneich announced the top five needs this week for the 5Cities Homeless Coalition Warming Center. Mayor Hill reported that he and Mayor Pro Tem Ray recently attended an Eagle Scout ceremony honoring Trevor Milsheimer, and that he and Council Member Harmon attended the Annual Spring Tea Party. Council Member Harmon acknowledged the upcoming SCORE workshop, referred to the City’s upcoming Bridge Street Bridge project and stated that this workshop might be able to help the businesses that might be impacted due to the project. Council Member Barneich announced the next free Senior Tech Clinic on March 17th from 10:00 to 11:30 a.m. at the Council Chambers and that there is a need for teens to help provide seniors assistance with their computers, tablets and mobile devices. 14. COMMUNITY COMMENTS AND SUGGESTIONS Patty Welsh clarified earlier public comment as it relates to the Five Cities Fire Authority, commented that if the Sanitation District audit is pulled from the consultant that is conducting the audit then it would have to start all over, and commented further on issues relating to the Sanitation District; and Patricia Price, commented on issues relating to the Sanitation District and submitted her comments to the Council. 15. CLOSED SESSION None. 16. ADJOURNMENT Mayor/Chair Hill adjourned the meeting at 10:51 p.m. ______________________________ Jim Hill, Mayor/Chair ATTEST: _______________________________ Kelly Wetmore, City Clerk/Secretary (Approved at CC/SA Mtg ___________) Item 9.d. - Page 8 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 27, 2018 COUNCIL CHAMBERS, 215 E. 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 Kristen Barneich, Barbara Harmon, Mayor Pro Tem Caren Ray, and Mayor Jim Hill were present. Council Member Tim Brown was absent. Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Public Works Bill Robeson, Director of Community Development Teresa McClish, and Planning Manager Matt Downing. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Cub Scout Pack 13, Los Padres Council of Boy Scouts of America, led the Flag Salute. 5. AGENDA REVIEW Mayor Hill requested, and the Council concurred, to move Item 12.a. up on the Agenda prior to the public hearing item. 5.a. Closed Session Announcements: None. 5.b. Ordinances Read in Title Only. Council Member Barneich moved, Council Member Harmon 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. Honorary Proclamation Declaring April 2018 as “Month of the Child” and “Child Abuse Prevention Month” and April 7, 2018 as “Day of the Child”. Mayor Hill presented an Honorary Proclamation declaring April 2018 as “Month of the Child” and “Child Abuse Prevention Month” and April 7, 2018 as “Month of the Child”. Maddy Quaglino, Director of United Methodist Church Children’s Center, accepted the Proclamation and announced upcoming events to be held during Month of the Child. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an invocation; Val Delaney, commented on problems with parking in the Village, expressed concern about the lack of parking enforcement and suggested that Neighborhood Services staff spend a couple of days a week on parking enforcement; Patty Welsh, commented that the Item 9.d. - Page 9 Minutes: City Council Meeting Page 2 Tuesday, March 27, 2018 Police Department is enforcing parking restrictions as she recently received a parking ticket, and also commented on an article written about the drought and water restrictions in Cape Town, Africa; Robert Olson, commented on the loss of a friend, Terry Cagan, who was an Arroyo Grande Police Volunteer, and recognized him for his role as Lead Volunteer and commended him for his contributions to the Police Department and the community. No further public comments were received. Mayor Pro Tem Ray requested the meeting be adjourned in Mr. Cagan’s honor. 8. CITY MANAGER/DIRECTOR REPORT City Manager Bergman reported that the City received a letter from the 5Cities Homeless Coalition with a funding request for the warming shelter and that he would place the request on a future agenda for consideration; reported that a letter had been received from the Coalition of Cities requesting a letter in support of Senate Bill (SB) 1090 and stated that due to its time sensitive nature, he would prepare a letter for the Mayor Pro Tem’s signature based on prior Council direction; and then provided an update on public outreach efforts made regarding development of the Fiscal Year 2018-20 Budget and presented a brief video produced in-house by City staff that will be posted on the City’s government access channel, website, and social media platforms. 9. CONSENT AGENDA Council Member Harmon requested that Items 9.e. and 9.g. be pulled. Mayor Hill invited public comment on the consent agenda. No public comments were received. Action: Council Member Barneich moved to approve Consent Agenda items 9.a. through 9.f., with the exception of items 9.e. and 9.g., with the recommended courses of action. Mayor Pro Tem Ray seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Ray, Harmon, Hill NOES: None ABSENT: Brown 9.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 1, 2018 through March 15, 2018. 9.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing of investment deposits of the City of Arroyo Grande, as of February 28, 2018, as required by Government Code Section 53646(b). 9.c. Monthly Water Supply and Demand Update. Action: Received and filed the Monthly Water Supply and Demand Report for February 2018. 9.d. Consideration of the 2017 General Plan Annual Report. Recommended Action: Reviewed and accepted the 2017 General Plan Annual Report and directed staff to forward the report to the Governor’s Office of Planning and Research. 9.f. Consideration of Approval of Amendment to an Agreement for Consultant Services with Wood Rodgers for the US 101/Brisco Interchange Project. Recommended Action: Approved and authorized the Mayor to execute Amendment No. 14 to the Consultant Services Agreement with Wood Rodgers, Inc. to complete the PA&ED Phase and move the project from the Draft to Final. The compensation amount of Amendment No. 14 is not to exceed $108,500. Item 9.d. - Page 10 Minutes: City Council Meeting Page 3 Tuesday, March 27, 2018 ITEMS PULLED FROM THE CONSENT AGENDA 9.g. Consideration of Adoption of an Ordinance Adding Section 15.04.032 to Title 15 of the Arroyo Grande Municipal Code to Create an Expedited Permitting Process for Electric Vehicle Charging Stations (Staff Project No. 18-002). Recommended Action: Adopt an Ordinance adding Section 15.04.032 to Title 15 of the Arroyo Grande Municipal Code (Buildings and Construction) to create an expedited and streamlined permitting process for electric vehicle charging stations as required by Government Code Section 65850.7. City Attorney Whitham read the full title of the Ordinance as follows: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO ADDING SECTION 15.04.032 TO TITLE 15 OF THE ARROYO GRANDE MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION) TO CREATE AN EXPEDITED AND STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS AS REQUIRED BY GOVERNMENT CODE SECTION 65850.7”. Action: Council Member Barneich moved to adopt the Ordinance as read in title by the City Attorney. Mayor Pro Tem Ray seconded, and the motion passed on the following roll-call vote: AYES: Barneich, Ray, Hill NOES: Harmon ABSENT: Brown 9.e. Consideration of Temporary Use Permit No. 17-024; Authorization to Use City Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival and Stampede on May 26 and 27, 2018; Applicant – Arroyo Grande Village Improvement Association. Recommended Action: Adopt a Resolution approving Temporary Use Permit 17-024 which includes waiving costs for City services during the Strawberry Festival. Council asked questions of staff and the applicant regarding the request for City sponsorship of the event, increased event costs and staff costs associated with the event, and street closures as is relates to maintaining emergency access. Bob Lund, Village Improvement Association, spoke about the groups that volunteer during the event on behalf of their own organizations in which the Village Improvement Association reimburses them, and responded to questions from Council regarding increased costs for the event and how revenue received from the event benefits the City. Mayor Hill invited public comment. Speaking from the public was Patty Welsh, expressed concerns, commenting that the City is faced with cutting services and stated that the Grizzly Academy may be able to provide volunteer services for the event. Hearing no further public comments, Mayor Hill closed the public comment period. Council comments ensued concerning the request for City sponsorship of the event, waiving reimbursement of personnel costs the City incurs to conduct the event, and setting a precedent for other events that may be held in the City. Item 9.d. - Page 11 Minutes: City Council Meeting Page 4 Tuesday, March 27, 2018 Action: Council Member Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 17-024; AUTHORIZING THE USE OF CITY PROPERTY AND CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO GRANDE STRAWBERRY FESTIVAL AND STAMPEDE ON MAY 26 AND 27, 2018; APPLIED FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION”, as modified to add the following recital, “WHEREAS, the members of the AGVIA will be responsible for costs associated with traffic control, cleanup, and payment of all related fees and costs for use of City property and City employee time related to the event.” Mayor Pro Tem Ray seconded, and the motion passed on the following roll-call vote: AYES: Harmon, Ray, Barneich, Hill NOES: None ABSENT: Brown The next agenda item was heard out of order. 12. NEW BUSINESS 12.a. Consideration of Approval of the Request for Proposals (RFP) for Tourism Marketing Services. City Manager Bergman presented the staff report and recommended that the Council review and approve the distribution of the RFP for tourism marketing services. Mayor Hill invited public comment. No public comments were received. Action: Mayor Pro Tem Ray moved to approve the distribution of the RFP for tourism marketing services. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Ray, Barneich, Harmon, Hill NOES: None ABSENT: Brown 10. PUBLIC HEARINGS 10.a. Consideration of Lot Merger 16-001; Conditional Use Permit 16-008; and Mitigated Negative Declaration; Construction of an Approximately 2,650 Square-Foot Fast- Food Restaurant with Drive-Thru; Location – 727 El Camino Real (Western Corner of El Camino Real, Faeh Avenue, and Bell Street); Applicant – ELA Foods, Inc.; Representative – Oasis Associates. Community Development Director McClish provided introductory comments. Planning Manager Downing presented the staff report and recommended that the Council adopt a Resolution adopting the Mitigated Negative Declaration and approving Lot Merger 16-001 and Conditional Use Permit 16-008. Joe Weiland, Omni-Means Traffic Consultant, responded to questions from Council regarding spacing of traffic signals, ingress and egress locations, and condition 108 regarding study of potential traffic calming measures within one year of operation of the project. Item 9.d. - Page 12 Minutes: City Council Meeting Page 5 Tuesday, March 27, 2018 Carol Florence, Oasis Associates, representative for the applicant, introduced Nora Sanchez, Operations Manager from Popeye’s, who spoke about Popeye’s being a family owned business. Ms. Florence provided a presentation of the proposed project and requested the Council approve the project as presented and responded to questions from Council. Mayor Hill opened the public hearing. Speaking from the public were: David Aguallo, spoke in opposition to the proposed project, stated he would like to see a different business that would bring more revenue to the City, and expressed concern with increased traffic impacts; Richard Bell, spoke in opposition to the proposed project and expressed concerns with the proposed fencing materials and increased traffic impacts; Val Delaney, spoke in opposition to the project and expressed concerns with increased traffic impacts; Patty Welsh, spoke in opposition to the proposed project, and expressed concern with truck delivery hours, decline in property values, ingress/egress issues, traffic, lighting, and noise impacts next to the adjacent residential neighborhood; Molly Younger, spoke in opposition to the proposed project and expressed concerns regarding lighting, traffic, signage, and stated that this business would not generate much revenue; Chris Wheeler, spoke in opposition to the proposed project and expressed concern regarding traffic and lighting impacts, parking, and decline in property values; Terry Tardiff, spoke in opposition to the proposed project, and expressed concern regarding safety, ingress/egress issues, and a decline in property values; Lori Hunsted, spoke in opposition of the proposed project, and stated that this project is not the right fit for the proposed site and that a hotel would bring in more revenue; Matt Vasquez, spoke in opposition to the proposed project, and expressed concerns as it relates to safety of the neighborhood, traffic impacts, the small amount of revenue that will be received, and loss of property values; Elliott Drager, spoke in opposition to the proposed project and expressed concerns relating to traffic and the vision as a whole for this property; Shirley Gibson, would like to see the owner come back with a comprehensive plan for the entire property and opposed the drive-thru; and Speaker (did not state name), spoke in opposition to the proposed project and expressed concerns regarding the drive-thru, traffic issues, ingress/egress, and aesthetics. Hearing no further public comments, Mayor Hill closed the public hearing. Council comments and discussion ensued concerning the proposed project as it relates to signage, position of the building, impacts to circulation as it relates to ingress/egress to and from the site, intensity of the proposed drive-thru use, traffic, and noise impacts in proximity to the adjacent residential neighborhood, suitability and compatibility of the proposed use at this location, and that the project is inconsistent with the City’s General Plan Land Use policies LU5-6, LU5-8 and Economic Development policy ED-5. Action: Mayor Pro Tem Ray moved to take tentative action to deny the project and to direct staff to return at the next meeting with an appropriate Resolution that includes the Council’s specific findings for denial of the project. Council Member Barneich seconded, and the motion passed on the following roll-call vote: AYES: Ray, Barneich, Harmon, Hill NOES: None ABSENT: Brown 11. OLD BUSINESS None. Item 9.d. - Page 13 Minutes: City Council Meeting Page 6 Tuesday, March 27, 2018 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. (a) MAYOR HILL: (1) South San Luis Obispo County Sanitation District (SSLOCSD) (2) Brisco/Halcyon Interchange Subcommittee (3) Oversight Board to the Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency (b) MAYOR PRO TEM RAY: (1) California Joint Powers Insurance Authority (CJPIA) (2) Economic Vitality Corporation (EVC) (3) Tourism Marketing Committee (4) Community Action Partnership San Luis Obispo (CAPSLO) (c) COUNCIL MEMBER BROWN: (1) San Luis Obispo Council of Governments/Regional Transit Authority (SLOCOG/RTA) (2) Integrated Waste Management Authority Board (IWMA) (3) South County Transit (SCT) (4) Brisco/Halcyon Interchange Subcommittee (d) COUNCIL MEMBER BARNEICH: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) (e) COUNCIL MEMBER HARMON: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) 14. COUNCIL COMMUNICATIONS Council Member Barneich announced that on May 1, 2018, from 5:00 to 9:00pm, Fin’s Restaurant will be hosting a fundraiser to benefit the 5Cities Homeless Coalition. Mayor Hill announced that the Annual Spring Egg Hunt will be held at the Elm Street Park on Saturday. 15. COMMUNITY COMMENTS AND SUGGESTIONS Richard Kubel commended the Council for their work and expressed his support of the City Manager. 16. CLOSED SESSION None. 17. ADJOURNMENT Mayor Hill adjourned the meeting at 9:57 p.m. in honor and memory of Terry Cagan. Item 9.d. - Page 14 Minutes: City Council Meeting Page 7 Tuesday, March 27, 2018 ____________________________ Jim Hill, Mayor ATTEST: ____________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ____________) Item 9.d. - Page 15 THIS PAGE INTENTIONALLY LEFT BLANK Item 9.d. - Page 16