ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 27, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA

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1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 27, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: City Staff Present: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro Tem Kristen Barneich and Mayor Jim Hill were present. City Manager Dianne Thompson, City Attorney Heather Whitham, Deputy City Clerk Kitty Norton, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, Chief of Police Steve Annibali, Fire Chief Steven Lieberman, and Associate Planner Matt Downing. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Members of Cub Scout Pack 13 and the Arroyo Grande Valley Kiwanis Club led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements.. 5.b. Ordinances Read in Title Only. Mayor Pro Tem Barneich moved, Council Member Guthrie seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS Mayor Hill invited public comment. Speaking from the public were John Keen, Arroyo Grande, expressed gratitude to the 5 Cities Men s Club for the work done on the Paulding Wall and thanked staff as well; and Shirley Gibson, Halcyon, also expressed thanks to the 5 Cities Men s Club and Council for the work done on the Paulding Wall. 6.a. Presentation to 5 Cities Men s Club Relating to the Paulding Wall Rehabilitation Project. Mayor Hill presented a plaque to Alan Buck and members of the 5 Cities Men s Club for the Paulding Wall Rehabilitation Project. Item 9.c. - Page 1

2 Minutes: City Council Regular Meeting Page 2 Tuesday, October 27, b. Mayor s Commendation Presented to Arroyo Grande Public Works Department Water Conservation Champions. Mayor Hill presented a Mayor s Commendation to Ron Simpson, Landscape Supervisor, representing the Public Works Department, for reducing irrigation use in City parks and landscape areas by more than 46%, for a savings of 8.2 million gallons. 7. CITIZENS INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Sissy Pace, Arroyo Grande, who offered an invocation; Patty Welsh, Arroyo Grande, read a statement by Stew Jenkins expressing concerns with the accusations against Planning Commissioner John Mack and announced her resignation from the Parks and Recreation Commission; Cindy Jones, Arroyo Grande, expressed concern with the warning notice she received at it relates to water conservation; John Mack, Arroyo Grande, expressed concern with the accusations against him and submitted correspondence he received from the Fair Political Practices Commission ( FPPC ); April McLaughlin, Arroyo Grande, regarding the consideration of removal of John Mack from the Planning Commission; John Ziomek, expressed concern with the speed zone signs on Farroll Road; Julie Tacker, Los Osos, spoke regarding the FPPC complaint against John Mack and her request to cease and desist the City s policy regarding the requirement for speakers to state their name and address; Shirley Gibson, Halcyon, thanked the City for the Traffic Study as it relates to the Brisco Road ramp closure. 8. CONSENT AGENDA Council Member Harmon requested that Items 8.e. and 8.i. be pulled. City Manager Thompson explained that routine and noncontroversial items are placed on the Consent Agenda in order to expedite approval and avoid having a separate motion on each item. Mayor Hill invited public comment on the Consent Agenda items. Hearing no comments, Mayor Hill closed the public comment period. City Attorney Whitham read the full title of the Ordinance in Item 8.j. Action: Mayor Pro Tem Barneich moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.e. and 8.i., with the recommended courses of action. The motion passed on the following roll-call vote: Barneich, Guthrie, Brown, Harmon, Hill 8.a. 8.b. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 1, 2015 through October 15, Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of September 30, 2015, as required by Government Code Section 53646(b). Item 9.c. - Page 2

3 Minutes: City Council Regular Meeting Page 3 Tuesday, October 27, c. 8.d. 8.f. 8.g. 8.h. 8.j. Consideration of a Resolution Fixing the Employer Contribution at an Equal Amount for Employees and Annuitants Under the Public Employees Medical and Hospital Care Act with Respect to the Unrepresented Members Group. Action: Adopted a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT WITH RESPECT TO THE UNREPRESENTED MEMBERS GROUP. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 22, 2015 and Special City Council Meeting of October 8, 2015, as submitted. Monthly Water Supply and Demand Update. Action: Received and reviewed the monthly Water Supply and Demand Update Report. Consideration of Proposed Agreement for Cross Connection Inspection Services. Action: Approved the Agreement for Cross Connection Inspection Services with the County of San Luis Obispo. Consideration of Temporary Use Permit Case No ; Authorizing Halloween in the Village on Saturday, October 31, 2015 and Directing Staff to Implement Related Safety Measures Including No Parking Zones, Street Closures and Warning Devices. Action: Adopted a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO AUTHORIZING HALLOWEEN IN THE VILLAGE ON SATURDAY, OCTOBER 31, 2015 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES. Consideration of Adoption of an Ordinance Approving Development Agreement for Development of Property Located at the Southwest Corner of East Grand Avenue and Courtland Street; Applicant NKT Commercial; Representative RRM Design Group. Action: Adopted an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT AGREEMENT FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET. ITEMS PULLED FROM CONSENT AGENDA 8.e. Consideration of Council Appointment to the Parks and Recreation Commission. Recommended Action: Approve the recommendation of Mayor Hill to appoint Will Reichardt to the Parks and Recreation Commission. Council Member Harmon expressed her support for the appointment of Will Reichardt to the Parks and Recreation Commission. Mayor Hill invited public comment. No further comments were received. Action: Mayor Pro Tem Barneich moved to approve the recommendation of Mayor Hill to appoint Will Reichardt to the Parks and Recreation Commission. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: Item 9.c. - Page 3

4 Minutes: City Council Regular Meeting Page 4 Tuesday, October 27, 2015 Barneich, Guthrie, Brown, Harmon, Hill 8.i. Consideration of Amendments to Consultant Services Agreements with Wood Rodgers and Point C for the Brisco Interchange Project; Status Report on Brisco On and Off-Ramp Closure at Brisco Road and US 101; and Consideration of Modification to the Test Closure Opening Date. Recommended Action: 1) Authorize the City Manager to execute an amendment to the agreement with Wood Rodgers for continued design services for the Brisco Interchange Project for a cost not to exceed $165,000 and term extension to December 31, 2016; 2) Authorize the City Manager to execute an amendment to the agreement with Point C for continued consultant services for the Brisco Interchange Project for a cost not to exceed $35,000 and term extension of December 31, 2015; 3) Direct staff to prepare a Caltrans permit modification to terminate the Brisco Ramp Test closure on January 11, 2016; and 4) Reallocate $200,000 from the construction phase of the project. Staff responded to questions and comments from Council regarding traffic counts and striping and also clarified reasons for reallocation of funds and extension of reopening date of the ramps. Mayor Hill invited public comment. Speaking from the public were Patty Welsh, supported closure of ramps and expressed concern with the cost of the alternatives; Alicia Lara, Rodeo Drive, opposed Option 4c and expressed concern with reallocation of funds. No further public comments were received. Action: Council Member Harmon moved to: 1) Authorize the City Manager to execute an amendment to the agreement with Wood Rodgers for continued design services for the Brisco Interchange Project for a cost not to exceed $165,000 and term extension to December 31, 2016; 2) Authorize the City Manager to execute an amendment to the agreement with Point C for continued consultant services for the Brisco Interchange Project for a cost not to exceed $35,000 and term extension of December 31, 2016; 3) Direct staff to prepare a Caltrans permit modification to terminate the Brisco Ramp Test closure on January 11, 2016; and 4) Reallocate $200,000 from the construction phase of the project. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-call vote: Harmon, Barneich, Brown, Guthrie, Hill 9. PUBLIC HEARINGS. 10. OLD BUSINESS. Item 9.c. - Page 4

5 Minutes: City Council Regular Meeting Page 5 Tuesday, October 27, NEW BUSINESS 11.a. Consideration of Alternatives to Address Drought Conditions. City Manager Thompson introduced the item and Community Development Director McClish and Administrative Services Director Debbie Malicoat presented the staff report and recommended that the Council consider alternatives to address drought conditions and provide direction to staff. Mayor Hill invited public comment. Speaking from the public were Patty Welsh, Arroyo Grande, suggested developers be required to build basins and concerned there is not any water to be purchased; Julie Tacker, spoke of water problems in Los Osos, issues with sea water intrusion, and water can be saved without cutting short services; Leann Akins, Arroyo Grande, concerned with lack of water and groundwater pumping by surrounding cities; John Mack, supported a geologist to provide information on how much groundwater the City uses; and expressed concern with commercial users not being regulated. No further public comments were received. Brief Council comments ensued regarding staff being proactive and monitoring water consumption; the use of water being pumped by neighboring cities and to bring back an update in April. No formal action was taken. The report was received and filed. Mayor Hill called for a break at 8:45 p.m. The Council reconvened at 8:50 p.m. 11.b. Consideration of Parks Infrastructure Assessment Report and Parks Asset Replacement Schedule and Kingo Park Playground Structure Replacement. Public Works Director English presented the staff report and recommended that the Council: 1) Receive and provide comments and direction on the draft Parks Infrastructure Assessment Report and Replacement Schedule; and 2) Allocate $25,000 from the Local Sales Tax fund for the replacement of the Kingo Park playground structure. Mayor Hill invited public comment. Speaking from the public was LeAnn Akins, who suggested use of creative ways to provide repairs to City parks. No further public comments were received. Action: Council Member Harmon moved to: 1) Receive and file the draft Parks Infrastructure Assessment Report and Replacement Schedule; and 2) Allocate $25,000 from the Local Sales Tax fund for the replacement of the Kingo Park playground structure. Council Member Brown seconded, and the motion passed on the following roll-call vote: Harmon, Brown, Guthrie, Barneich, Hill Item 9.c. - Page 5

6 Minutes: City Council Regular Meeting Page 6 Tuesday, October 27, 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) (b) (c) (d) (e) 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 (4) California Joint Powers Insurance Authority (CJPIA) MAYOR PRO TEM BARNEICH: (1) Zone 3 Water Advisory Board (2) Homeless Services Oversight Council (HSOC) 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 COUNCIL MEMBER BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) COUNCIL MEMBER HARMON: (1) County Water Resources Advisory Committee (WRAC) (2) Air Pollution Control District (APCD) (3) Five Cities Fire Authority (FCFA) Mayor Hill invited additional public comment. Speaking from the public was Julie Tacker, who expressed her concern with the South San Luis Obispo County Sanitation District and requested Council send a letter to the Board to consider a settlement of the existing litigation. No further public comments were received. 13. COUNCIL COMMUNICATIONS: Council Member Harmon stated she would like to give support to the Mayor and push for a settlement of the litigation involving the South San Luis Obispo County Sanitation District. Council Member Brown expressed his support. Mayor Pro Tem Barneich reminded all that October 31, 2015 is Halloween in the Village. Mayor Hill requested to place on a future agenda the Policy/Procedure for Conducting City Council Business; stated Mr. Mack received his letter from the FPPC; and urged the citizens to be careful during Halloween in the Village. Item 9.c. - Page 6

7 Minutes: City Council Regular Meeting Page 7 Tuesday, October 27, 2015 Action: There was unanimous consensus of the Council to direct staff to bring back to a future meeting the Policy/Procedure for Conducting City Council Business. 14. STAFF COMMUNICATIONS: City Manager Thompson provided a status report on City events and projects including a recent sewer main project; water conservation billing; Cash for Grass program, which is suspended for the balance of this year; and the planting of 12 new trees by the Tree Guild. 15. COMMUNITY COMMENTS AND SUGGESTIONS: LeAnn Akins, Arroyo Grande, spoke regarding assets in the community as they relate to volunteers in the City and ways to get more community involvement. 16. CITY COUNCIL CLOSED SESSION: At 10:33 p.m., City Attorney Whitham announced the City Council would adjourn to closed session to consider the following item: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section : Agency Designated Representative: Dianne Thompson, City Manager Employee Organization: Service Employees International Union, Local 620 Adjourned to Closed Session. 17. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open session at 11:10 p.m. City Attorney Whitham reported that the Council unanimously provided its Labor Negotiator with direction regarding requests made by the Service Employees International Union. ADJOURNMENT Mayor Hill adjourned the meeting at 11:11 p.m. Jim Hill, Mayor ATTEST: Kitty Norton, Deputy City Clerk (Approved at CC Mtg ) Item 9.c. - Page 7

8 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 10, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: Staff Present: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro Tem Kristen Barneich and Mayor Jim Hill were present. City Manager Dianne Thompson, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Director of Recreation Services John Rogers, Public Works Director Geoff English, and Five Cities Fire Authority Fire Chief Steve Lieberman. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements: October 27, 2015: - Conference With Labor Negotiator pursuant to Government Code Section : Agency Designated Representative: Dianne Thompson, City Manager Employee Organization: Service Employees International Union, Local 620. City Attorney Whitham announced that the City Council provided direction regarding requests by the Service Employees International Union, Local 620 and that there was no other reportable action. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Mayor Pro Tem 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. Mayor Hill moved that Item 12.a. be removed from the Agenda, Council Member Brown seconded, and the motion failed on the following roll call vote: Hill, Brown Guthrie, Harmon, Barneich Item 9.c. - Page 8

9 Minutes: City Council Regular Meeting Page 2 Tuesday, November 10, SPECIAL PRESENTATIONS. 7. CITIZENS INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Linda Osty, who provided an invocation and invited the public to the Rotary Club's movie night, Miracle on 34th Street, on December 12 th at the Fair Oaks Theatre; Linda Drummy, referred to the Berry Gardens development project and commented that the City s noise ordinance should be adjusted from 7:00 a.m. to 8:00 a.m. as it relates to the start time for construction, commented on increased traffic and congestion through Courtland Street, stated that trucks should not be allowed on Courtland, and expressed concern about unethical behavior by council members; Speaker (declined to state name), commented favorably on the striping changes to Brisco Road and in support of the dual left turn lanes; Mary Verdin, Verdin Marketing, congratulated staff for its water conservation outreach efforts and presented staff with an International Marketing Award for the Arroyo Grande/Pismo Beach Think H20 Water Conservation Campaign; Speaker (declined to state name), expressed concerns that staff was not available to talk to her today about a project and she has had no response to s she has sent. No further public comments were received. Mayor Hill stated he had received a number of requests regarding the traffic impacting the Berry Gardens area as people try to avoid the traffic signal at Oak Park and Grand and requested that the Traffic Commission or staff look into the matter. 8. CITY MANAGER REPORT: City Manager Thompson provided a status report on items recently considered by the Traffic Commission, Planning Commission, and Architectural Review Committee; the Bridge Street Bridge Stakeholders group meeting; an update on legislation going into effect in 2016 as it relates to medical marijuana; the Police Department s receipt of a DUI enforcement grant from the Office of Traffic Safety; the Halloween in the Village event; the speed limit signs on Farroll Road have been removed; the upcoming Annual Turkey Trot Fun Run; and a tour of areas of the City that have been planted and maintained by Arroyo Grande in Bloom. 9. CONSENT AGENDA Mayor Hill invited public comment. Steve Ross, Arroyo Grande, Speaker (declined to state name), and Speaker (declined to state name), expressed concerns regarding Item 9.h; Speaker (declined to state name), supported clarifying policy language in Item 9.h., commented on Julie Tacker s cease and desist letter and the false information provided within it, urged the Council to not accept information as true without fact checking first, and stated the policy was previously changed for another issue regarding the procedure for Council Members requesting items to be placed on a future agenda. No further comments were received. Mayor Hill requested Item 9.h. be pulled. Mayor Pro Tem Barneich requested Item 9.d. be pulled. Mayor Pro Tem Barneich commented on Item 9.e. She commended the Public Works staff for coming in under budget on the project. Item 9.c. - Page 9

10 Minutes: City Council Regular Meeting Page 3 Tuesday, November 10, 2015 Action: Mayor Pro Tem Barneich moved, and Council Member Harmon seconded the motion to approve Consent Agenda Items 9.a. through 9.g., with the exception of Items 9.d. and 9.h, with the recommended courses of action. The motion passed on the following roll-call vote: Barneich, Harmon, Guthrie, Brown, Hill 9.a. 9.b. 9.c. 9.e. 9.f. 9.g. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16, 2015 through October 31, Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of October 31, 2015, as required by Government Code Section 53646(b). Consideration of Approval of Minutes. Action: Approved the minutes of the Regular Meeting of October 13, 2015, as submitted. Consideration of Acceptance of the Reservoir No. 5 Exterior Recoating Project, PW Action: 1) Accepted the project improvements as constructed by Paso Robles Tank, Inc. in accordance with the plans and specifications for the Reservoir No. 5 Exterior Recoating Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Consideration of an Award of Contract to Fluid Resource Management for Construction of the Reservoir No. 2 Roof Recoating Project, PW Action: 1) Awarded a contract for the Reservoir No. 2 Roof Recoating project to Fluid Resource Management in the amount of $47,718.94; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $4, for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. Consideration of a Resolution Amending Exhibit A of Resolution 4659 Relating to the Mandatory Penalties for Failing to Meet Declared Stage 1 Water Shortage Emergency Water Use Requirements for Customers whose Bi-Monthly Water Use is 10 Units or Less. Action: Adopted a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING EXHIBIT A OF RESOLUTION 4659 RELATING TO THE MANDATORY PENALTIES FOR FAILING TO MEET WATER USE REQUIREMENTS FOR THE DECLARED STAGE 1 WATER SHORTAGE EMERGENCY FOR CUSTOMERS WHOSE BI-MONTHLY BASELINE WATER AMOUNT IS 10 UNITS OR LESS. ITEMS PULLED FROM THE CONSENT AGENDA 9.d. Consideration of Temporary Use Permit Case No ; Authorizing the Closure of City Streets for the Annual Arroyo Grande Village Christmas Parade, November 29, 2015; Applicant Doc Burnstein s Ice Cream Lab and the Arroyo Grande/Grover Beach Chamber of Commerce; Representative Cat Keith. Item 9.c. - Page 10

11 Minutes: City Council Regular Meeting Page 4 Tuesday, November 10, 2015 Recommended Action: Adopt a Resolution approving Temporary Use Permit for the Annual Arroyo Grande Village Christmas Parade, and directing staff to implement safety measures, including closure of East and West Branch Street between Traffic Way and Mason Street, no parking zones, and the detour of automobile traffic on Sunday, November 29, In response to a question by Mayor Pro Tem Barneich, staff explained that the closure of the street would occur one hour earlier than last year to prepare for the parade. Action: Mayor Pro Tem Barneich moved to adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO AND AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO GRANDE VILLAGE CHRISTMAS PARADE, NOVEMBER 29, Council Member Guthrie seconded, and the motion passed on the following roll-call vote: Barneich, Guthrie, Brown, Harmon, Hill 9.h. Consideration of Resolution Amending the Policy/Procedure for Conducting City Business Contained in the City Council Operations Manual. City Manager Thompson presented the staff report and recommended that the Council adopt a Resolution amending the Policy/Procedure for Conducting City Council Business. Mayor Hill invited public comment. Speaking from the public were Julie Tacker, who responded to earlier public comments and encouraged the Council to listen to the content of public comments in order to help them make decisions; Steve Ross, Arroyo Grande, commented that it is important for people to state their name and their City of residence because when people address the Council, it is good to know if the issues they are speaking of impact them as a resident of the City; Shirley Gibson, Town of Halcyon, commented that she volunteers her name and address because she owns her own opinion, it is a sign of respect and common courtesy in a small town, and as public speakers at the podium are addressing the Council and the community at large through public TV; Trudy Jarrett, Arroyo Grande, supported the new wording, however, stated the public and elected officials must always be fully informed because that helps them make the best decisions and while it should not be mandatory, providing a name shows respect; and Speaker (declined to state name), opposed speakers having to state their name or address. No further public comments were received. Action: Council Member Guthrie moved to adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS CONTAINED IN THE CITY COUNCIL OPERATIONS MANUAL. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-call vote: Guthrie, Barneich, Brown, Harmon, Hill Item 9.c. - Page 11

12 Minutes: City Council Regular Meeting Page 5 Tuesday, November 10, PUBLIC HEARINGS Council Member Harmon announced a conflict of interest due to ownership of real property within the project area and stepped down from the dais. 10.a. Consideration of a Resolution Approving Staff Project ; Chumash Basket at 126 South Mason Street and Harriet Quimby Relief Bench at 127 Short Street; Applicants Yak Tit y u Tiy y u Yak Tilhini Northern Chumash Tribe and Arroyo Grande in Bloom Public Art Committee. Associate Planner Downing presented the staff report and recommended that the Council adopt a Resolution approving the Chumash basket sculpture and the Harriet Quimby relief bench and appropriate $2,000 from the General Fund into this project. Mayor Hill invited the applicants to address the Council. Mary Giambalvo spoke in support of the project; Trudy Jarrett, Chair of the Public Art Committee, provided an overview of the proposals and responded to questions from Council; Mona Olivas Tucker, representing Yak Tit y u Tiy y u Yak Tilhini, provided an overview of the Chumash Basket art piece, the proposed location, and supported approval of the project; Trudy Jarrett, spoke in support of the Chumash Basket art piece and noted that it was privately funded. Mayor Hill opened the public hearing. Speaking from the public was Speaker (declined to state name), in support of the basket sculpture and the bench and stated that it would be a good addition to the City, however, she expressed concern with the funding for the lighting. Hearing no further comments, Mayor Hill closed the public hearing. Action: Mayor Pro Tem Barneich moved to adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING STAFF PROJECT ; NEW PUBLIC ART- CHUMASH BASKET AND HARRIET QUIMBY RELIEF BENCH; LOCATED AT 126 SOUTH MASON STREET AND 127 SHORT STREET; APPLIED FOR BY THE YAK TIT y U TIT y U YAK TILHINI NORTHERN CHUMASH TRIBE AND THE ARROYO GRANDE PUBLIC ART COMMITTEE. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: Barneich, Guthrie, Brown, Hill Harmon (recused) Action: Mayor Pro Tem Barneich moved to appropriate $2,000 from the General Fund into this project. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: Barneich, Guthrie, Brown, Hill Harmon (recused) Council Member Harmon returned to the dais. Item 9.c. - Page 12

13 Minutes: City Council Regular Meeting Page 6 Tuesday, November 10, OLD BUSINESS. 12. NEW BUSINESS 12.a. Consideration of Removal of Planning Commissioner John Mack from the Planning Commission. City Manager Thompson presented the staff report and recommended that the Council consider removal of John Mack from the Planning Commission. Mayor Hill invited public comment. Speaking from the public were Gene Quail, Grover Beach, who referred to the Courtland project and stated that the FPPC determined there was no conflict of interest and spoke in opposition to removal of John Mack; Speaker (declined to state name), spoke in opposition; Shawn Murphy, spoke in support; Nick Tompkins, spoke in support; LeAnn Akins, spoke in opposition; Cynthia Henkel, spoke in opposition; Julie Tacker, spoke in opposition; Kevin McCarthy, Arroyo Grande, suggested that if the FPPC is revisiting the issue, the Council may wish to continue the issue; Robert Montoya, spoke in opposition; Speaker (declined to state name), spoke in opposition; JR Garcia, Arroyo Grande, did not take a position but stated that opinions about a project should not be solicited from residents by a Commissioner; Julie London, spoke in opposition; Shirley Gibson, Halcyon, stated that it is wrong to tear down people and that this should be all about policy; Speaker (declined to state name), spoke in opposition; April McLaughlin, spoke in opposition; Patricia Price, spoke in opposition; Leonard Leighter, stated that members should step down even if there is an appearance of a conflict of interest; Steve Ross, spoke of changes to conflict of interest laws, that ethics training is required of appointed and elected City officials, and recommended that Commission members step down if there is even a perception of a conflict of interest; John Mack, provided information to the Council regarding his communications with the Fair Political Practices Commission (FPPC) and spoke in opposition to his removal from the Planning Commission. No further public comments were received. Mayor Hill called for a break at 8:10 p.m. The Council reconvened at 8:15 p.m. City Attorney Whitham clarified information regarding her communications with Mr. Mack as it related to the timeline of discussions and written communications; and discussed the Political Reform Act 12 steps in determining a real property financial conflict of interest. Action: Council Member Harmon moved to not remove John Mack from the Planning Commission. Council Member Brown seconded, and the motion passed on the following rollcall vote: Harmon, Brown, Guthrie, Barneich, Hill Item 9.c. - Page 13

14 Minutes: City Council Regular Meeting Page 7 Tuesday, November 10, b. Consideration of Appointments to the Visit San Luis Obispo Advisory Committee. City Manager Thompson presented the staff report and recommended that the Council appoint a Council Member and City Manager Thompson to the Visit San Luis Obispo Advisory Committee. Council Member Brown nominated Council Member Guthrie. Mayor Hill invited public comment. No public comments were received. Action: Mayor Hill moved to appoint Council Member Guthrie and City Manager Thompson to the Visit San Luis Obispo Advisory Committee. Council Member Harmon seconded, and the motion passed on the following roll-call vote: Hill, Harmon, Brown, Guthrie, Barneich 12.c. Status of the South San Luis Obispo County Sanitation District Recycled Water Project and the Pismo Beach Recycled Water Facility. Community Development Director McClish presented the staff report and recommended that the Council receive and file status reports regarding the South San Luis Obispo County Sanitary District recycled water project and the Pismo Beach Recycled Water Facilities Planning Study and direct staff to work collaboratively with south county jurisdictions on the development of a regional recycled water project. Dan Heimel, Water Systems Consulting, provided a presentation of the Investment Analysis for the Recycled Water Facilities Planning Study which included the project background and overview, investment analysis, recommendations, next steps, and responded to questions from Council. Mayor Hill invited public comment. Speaking from the public regarding the recycled water projects were Julie Tacker and Brad Snook, representing Surfider Foundation. Action: Council Member Brown moved to direct staff to work collaboratively with South County jurisdictions on the development of a regional recycled water project. Council Member Guthrie seconded the motion. Brief discussion ensued to clarify the direction being provided to staff, and Council Member Brown subsequently withdrew his motion. Action: Council Member Guthrie moved to direct staff to return with a plan that would study a regional plant with the intent of working with the City of Pismo Beach to make their program a success. Brief discussion ensued regarding the motion, and the motion subsequently failed due to lack of a second. Item 9.c. - Page 14

15 Minutes: City Council Regular Meeting Page 8 Tuesday, November 10, 2015 Action: Mayor Hill moved to receive and file status reports regarding the South San Luis Obispo County Sanitary District recycled water project and the Pismo Beach Recycled Water Facilities Planning Study and to direct staff to work collaboratively with South County jurisdictions on the development of a regional recycled water project. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: Hill, Guthrie, Brown, Harmon, Barneich 12.d. Consideration of Approval of a Formal Endorsement of Interest Letter to San Luis Obispo County for the Zone 3 Emergency Water Supply Project Excess Supply from the PG&E Seawater Desalination Facility. Mayor Hill announced a conflict of interest due to his employment at PG&E and stepped down from the dais. Mayor Pro Tem Barneich took over as the Presiding Officer. Public Works Director English presented the staff report and recommended that the Council approve a formal Endorsement of Interest letter to San Luis Obispo County Board of Supervisors for the Zone 3 Emergency Water Supply Project Excess Supply from the PG&E Seawater Desalination Facility and direct staff to engage in discussions with the County. Mayor Pro Tem Barneich invited public comment. Speaking from the public commenting on the Zone 3 Emergency Water Supply Project were Julie Tacker, and Brad Snook, Surfrider Foundation. Action: Council Member Harmon moved to approve a formal Endorsement of Interest letter to San Luis Obispo County Board of Supervisors for the Zone 3 Emergency Water Supply Project Excess Supply from the PG&E Seawater Desalination Facility and direct staff to engage in discussions with the County. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: Harmon, Guthrie, Brown, Barneich Hill (recused) Mayor Hill returned to the dais. 13. COUNCIL COMMUNICATIONS Council Member Harmon referred to Veteran s Day and stated that she attended a tribute for WWII and Korean War Veterans at the Madonna Expo Center and that next year s tribute will be recognizing Vietnam Veterans; and announced that the South County YMCA is sponsoring a Sunset 5k Avila Beach Run to raise funds for the South County Skate Park. Mayor Pro Tem Barneich stated that Central Coast Camp Fire is selling poinsettias and provided an update on the 50NOW Homeless Program. Item 9.c. - Page 15

16 Minutes: City Council Regular Meeting Page 9 Tuesday, November 10, 2015 Mayor Hill attended a Girl Scout school award ceremony for Ashlyn Walker and thanked all Veterans for their service to their Country. 14. CLOSED SESSION: At 10:52 p.m., City Attorney Heather Whitham announced the City Council would adjourn to closed session to consider the following item: a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section : Property: 214 E. Branch Street, Arroyo Grande Agency Negotiator: Teresa McClish, Community Development Director Negotiating Party: Randy Steiger, Remax Del Oro Under Negotiation: Price and terms of lease Adjourned to Closed Session. 15. RECONVENE TO OPEN SESSION: Mayor Hill reconvened the meeting to open session at 11:09 p.m. City Attorney Whitham announced that the Council provided the City s negotiator with parameters for negotiating an extension of the lease. No reportable action was taken. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 11:10 p.m. Jim Hill, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Item 9.c. - Page 16