ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 11, 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: Staff Present: Council Members Caren Ray, Barbara Harmon, Kristen Barneich, and Mayor Jim Hill were present. Mayor Pro Tem Brown was absent. Acting City Manager Geoff English, City Attorney Heather Whitham, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Community Development Director Teresa McClish, Acting Police Chief Beau Pryor, and Public Works Director Chris Magdosku. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Scott Dowlan, representing the Tree Guild of Arroyo Grande, led the Flag Salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Regular Meeting of March 28, 2017 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 City Attorney Whitham announced that the Council met in closed session on March 28, 2017 and no reportable action was taken. 5.b. Ordinances Read in Title Only. Council Member Barneich moved, Council Member Ray 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 28, 2017 as Arbor Day. Mayor Hill presented an Honorary Proclamation declaring April 28, 2017 as Arbor Day. Scott Dowlan, representing the Tree Guild, accepted the Proclamation. Item 9.c. - Page 1
Minutes: City Council Regular Meeting Page 2 6.b. Honorary Proclamation Declaring April as Sexual Assault Awareness Month and April 22 nd as Walk a Mile In Her Shoes Day. Mayor Hill presented an Honorary Proclamation declaring April as Sexual Awareness Month and April 22, 2017 as Walk a Mile In Her Shoes Day. Susan Lamont, representing RISE, accepted the Proclamation. 7. CITIZENS INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who thanked the Council for issuing a Proclamation for Sexual Assault Awareness Month, and then offered an invocation; Kenneth Price, thanked everyone at the City who helped his wife during a recent illness, thanked Council Member Ray for her years as a former Traffic Commissioner, thanked Geoff English for his service and assistance with the bike community, commented on continued water conservation, and thanked the City s consultant for the Halcyon Streets Plan as it relates to bicycle transportation improvements and provided suggestions for including Class II bike lanes; John Mack, architect/builder, on behalf of Coastal Christian School, referred to the recent mudslide and flooding from the school site onto Oak Park Boulevard and the need for funding to assist with repairs and restoration, referred to a letter that was sent to Interim City Manager McFall regarding a request for the City to be a government sponsor, and requested the Council place his request on a future agenda; Cynthia Gonzalez, Grover Beach, stated she had submitted information to the City to assist in creating regulations for medical marijuana mobile deliveries, was dismayed to receive a letter denying their application because they did not meet the criteria, and requested more information about who received permits; John Gutierrez, Branch Street Deli, stated he was in the process with relatives to open a new business next door to the Deli, was running into an issue regarding the ADA parking space, expressed concern that he was not able to obtain a Health Department inspection until the City conducts a final inspection, and requested help in getting all the issues resolved; Devin Ward, expressed concerns about the unsafe crosswalk at E. Grand and S. Alpine Street and stated he had not received any update from the City on the study, thanked Mayor Hill for attending the ALS Walk last year, and provided information about the upcoming ALS Walk on April 29 th ; Shirley Gibson, thanked Geoff English and Bob McFall for their service and dedication to the City and thanked Jim Bergman for coming back to the City; Randy Russom, Arroyo Grande, agreed with the previous comments regarding the crosswalk, expressed appreciation for current and past staff for getting the City through the water crisis, noted that the Governor signed a bill that removes the drought emergency conditions, and requested that the Council place this issue on a future agenda to dial back the water fines and limitations; Ben Fine, Pismo Beach resident and Director of Public Works for the City of Pismo Beach, stated he came to say goodbye and to honor Geoff English for his dedication and service, spoke of his work and collaboration with Pismo Beach and other agencies in the County, stated that he will be missed, and presented him with departing gifts; and Patricia Price, spoke about the last South San Luis Obispo County Sanitation District meeting, and commented on Plant Operator and Administrator duties and other issues associated with District operations. 8. INTERIM CITY MANAGER REPORT: Acting City Manager English announced the Halcyon Complete Streets Charrettes to be held on Wednesday, April 12 th and Thursday, April 13 th at Harloe Elementary School; the Family Egg Hunt and Festival to be held Saturday, April 15 th at Elm Street Park; that the Five Cities Fire Item 9.c. - Page 2
Minutes: City Council Regular Meeting Page 3 Authority s new engine will arrive on April 19 th and a community event will be held at the Arroyo Grande station on Thursday, April 27 th to celebrate; announced that Governor Brown signed Executive Order B-40-17 that removes the drought emergency for much of the State but still requires various water waste prohibitions and reporting to be maintained; and announced that the new Public Works Director, Chris Magdosku, has started and is a great addition to the City. 9. CONSENT AGENDA Mayor Hill invited public comment on the consent agenda. No public comments were received. Action: Council Member Ray moved, and Council Member Barneich seconded the motion to approve Consent Agenda Items 9.a. through 9.g., with the recommended courses of action. City Attorney Whitham read the full title of the Ordinance in Item 9.d. The motion passed on the following roll-call vote: AYES: NOES: ABSENT: Ray, Barneich, Harmon, Hill None Brown 9.a. 9.b. 9.c. 9.d. 9.e. 9.f. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 16, 2017 through March 31, 2017. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of March 28, 2017, as submitted. Consideration of Council Appointment to the Parks and Recreation Commission. Action: Approved the recommendation of Mayor Pro Tem Brown to appoint Fernando Garcia III to the Parks and Recreation Commission. Consideration of Development Code Amendment 16-003; Adoption of an Ordinance Amending Section 16.44.050 of the City of Arroyo Grande Municipal Code Regarding Floodplain Management; Location Citywide; Applicant City of Arroyo Grande. Action: Adopted an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 16.44.050 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING FLOODPLAIN MANAGEMENT. Consideration of Acceptance of the City Council Chambers Accessibility Improvement and Audio, Video and Sound System Project, PW 2015-14. Action: 1) Accepted the project improvements as constructed by Quincon, Inc. in accordance with the plans and specifications for the City Council Chambers Accessibility Improvement and Audio, Video and Sound System 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 and the stop payment notice has been released. Consideration of an Award of Contract to Brough Construction Inc. for Construction of the Municipal Water Well No. 11 Treatment Plant Construction, Well Equipment and Pipeline Installation Project, PW 2010-07. Item 9.c. - Page 3
Minutes: City Council Regular Meeting Page 4 9.g. Action: 1) Approved the construction plans and specifications for the Municipal Water Well No. 11 Treatment Plant Construction, Well Equipment and Pipeline Installation Project, PW 2010-07; 2) Awarded a contract for the Municipal Water Well No. 11 Treatment Plant Construction, Well Equipment and Pipeline Installation Project to Brough Construction, Inc. in the amount of $429,573; 3) Authorized the City Manager to approve change orders for 10% of the contract amount, $42,957 for unanticipated costs during the construction phase of the project; and 4) Allocated $274,000 from the available $1.1 million Water Availability Fund balance. Consideration of Designation of Applicant s Agents (State and Federal Disaster Relief Funds). Action: Adopted a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DESIGNATING AUTHORIZED AGENTS FOR THE CITY S APPLICATION(S) FOR STATE AND FEDERAL DISASTER COST RECOVERY ASSISTANCE. 10. PUBLIC HEARINGS 10.a. Consideration of 5-Year Review of Local Sales Tax. Administrative Services Director presented the staff report and recommended that the Council approve the continuation of the local sales tax. Mayor Hill opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Council Member Harmon moved to approve the continuation of the local sales tax and recommendations as outlined in the report. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: NOES: ABSENT: Harmon, Barneich, Ray, Hill None Brown 11. OLD BUSINESS None. 12. NEW BUSINESS 12.a. Consideration of Sidewalk Infrastructure Assessment and Replacement Report. Acting City Manager English presented the staff report and recommended that the Council receive and provide comments and direction on the Sidewalk Infrastructure Assessment and Replacement Report and suggested policy modifications related to the City s sidewalk infrastructure to: 1) Prepare a Sidewalk Master Plan and Establish Sidewalk In-Lieu Fees; 2) Consider adoption of State of California Streets & Highways Code Section 5610; and 3) Allow for a No-fee Encroachment Permit for sidewalk repair. Item 9.c. - Page 4
Minutes: City Council Regular Meeting Page 5 Mayor Hill invited public comment. Speaking from the public were Shirley Gibson, referred to and commented on Allen Street, which is an established neighborhood that has sidewalks only on one side of street; and Patricia Price, Whiteley Street, commented that she was required to put in sidewalks, that homeowners should pay the cost of sidewalk repair if they cause the damage, commented that a portion of property taxes pays for sidewalk and street repairs and maintenance, and expressed concern that people could be paying twice for sidewalk repairs and maintenance, which doesn t seem fair. Council Member Ray provided the following comments: - Supported preparation of a Sidewalk Master Plan and establishing sidewalk in-lieu fees as it would clarify for the community and future development what the expectations are; - Does not support shift of responsibility to homeowners (adoption of State of California Streets & Highways Code Section 5610) as it is too much of a cost impact to the property owner and is a burden and unfair to lower income residents; - Supported allowing for a no-fee encroachment permit for sidewalk repair; - Would like to identify other funding sources for sidewalk repair. Council Member Harmon provided the following comments: - Requested adding $25,000 to the City s Local Sales Tax Fund in the FY 17-18 Budget to cover the cost for unspecified equipment and infrastructure replacement and repairs for a variety of general fund supported infrastructure such as parks, government building and ADA improvements; - Supported preparation of a Sidewalk Master Plan, but has concerns about imposing in-lieu fees on those that don t require sidewalk improvements; - Does not support shift of responsibility to homeowners (adoption of State of California Streets & Highways Code Section 5610) as it is too onerous for property owners and it should be the City s responsibility; - Supported allowing for a no-fee encroachment permit for sidewalk repair. Council Member Barneich provided the following comments: - Supported preparation of a Sidewalk Master Plan and establishing sidewalk in-lieu fees sees as a public benefit; - Tentatively supports shift of responsibility to homeowners (adoption of State of California Streets & Highways Code Section 5610) and would like to see more information and options; - Supported allowing for a no-fee encroachment permit for sidewalk repair. Mayor Hill provided the following comments: - Supported preparation of a Sidewalk Master Plan, which should also include Safe Routes to Schools and avoidance of liability from trip and falls; - Does not support establishment of sidewalk in-lieu fees; - Does not support shift of responsibility to homeowners (adoption of State of California Streets & Highways Code Section 5610) due to impacts on property owners that would have to pay for repairing sidewalks based on damage that occurred beyond their control; - Supported allowing for a no-fee encroachment permit for sidewalk repair, or a reduction in the fee to allow for an inspection fee after the repairs are made. - Should be requiring that utility companies repair sidewalks where necessary. Item 9.c. - Page 5
Minutes: City Council Regular Meeting Page 6 Following additional Council questions, comments, and further discussion, the Council s direction to staff included preparing a report for future consideration of a Sidewalk Master Plan, providing options for establishing a Sidewalk In-Lieu Fee, and establishing a no fee encroachment permit for sidewalk repair where the damage was caused by a private tree or where other defects exist that were not caused by a City-maintained street tree. Staff was also directed to include for consideration adding $25,000 to the City s Local Sales Tax Fund in the FY 17-18 Budget to cover the cost for unspecified equipment and infrastructure replacement and repairs for a variety of general fund supported infrastructure such as parks, government building and ADA improvements. No formal action was taken on this item. 13. COUNCIL COMMUNICATIONS Council Member Harmon recognized and expressed appreciation for the substantive public comments that were received and requested that staff follow-up on Mr. Ward s concerns regarding the crosswalk, Ms. Gonzalez s concerns regarding the medical marijuana mobile delivery permit process, and Mr. Gutierrez s concerns regarding the opening of his new business. She also reminded the public that the Family Egg Hunt and Festival would be held this Saturday. Council Member Ray requested that the Council be informed on the issue regarding the medical marijuana mobile delivery permit applications and status. Council Member Barneich requested staff to provide the Council with a copy of the letter Cynthia Gonzales received from the Police Department. Mayor Hill concurred with Council on the follow-up of citizen concerns and requested to be informed on the outcomes. He also announced the upcoming Walk a Mile In Her Shoes event, the ALS Walk, the Halcyon Street Plan workshops, and the Family Egg Hunt and Festival. 14. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Hill invited public comment. No public comments were received. 15. CLOSED SESSION At 8:50 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 Mayor Hill invited public comment. Speaking from the public were Ken Miles, representing CampFire, in support of preserving Camp Arroyo Grande and identifying options to keep the site Item 9.c. - Page 6
Minutes: City Council Regular Meeting Page 7 in public use; and Shirley Gibson, commented that she was not sure what will be discussed in closed session, but she would keep her fingers crossed so that property can be preserved. Adjourned to closed session. 16. RECONVENE TO OPEN SESSION: At 9:56 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 9:57 p.m. Jim Hill, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Item 9.c. - Page 7
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