ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 13, 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 Member Jim Guthrie, Council Member Tim Brown, Council Member Barbara Harmon, Mayor Pro Tem Kristen Barneich and Mayor Jim Hill were present. Acting City Manager Debbie Malicoat, Assistant City Attorney David Hirsch, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Community Development Teresa McClish, Public Works Director Geoff English and Associate Planner Matt Downing. 3. FLAG SALUTE Members of Boy Scout Troop 413 led the Flag Salute. 4. INVOCATION Pastor Ron Dee, Harvest Bible Fellowship, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Assistant City Attorney Hirsch reported that on Monday, January 5, 2015, after meeting in Closed Session regarding the following item, the Council reconvened into open session and announced that the Council met in closed session with the Consultant that the Council hired to perform the recruitment for the City Manager position. The recruiter provided the Council with information regarding the recruitment and sought out input from the Council regarding parameters and input as far as how the recruitment process should go and what qualities the City Council is looking for in the candidate and no reportable action was taken: - Public Employee Appointment pursuant to Government Code Section 54957: Title: City Manager 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. 6. SPECIAL PRESENTATIONS 6.a. Presentation by Visit SLO. Chuck Davison, representing Visit San Luis Obispo County, provided an overview of the proposed SLO County Tourism Marketing District. Troy Hoffman, representing Best Western Casa Grande Inn, spoke of the benefits of the proposed SLO County Tourism Marketing District. Item 8.e. - Page 1
Minutes: City Council Regular Meeting Page 2 6.b. Honorary Proclamation Recognizing Jim DeCecco for His Volunteer Efforts in Making Arroyo Grande a Bicycle Friendly Community. Mayor Hill presented a proclamation to Jim DeCecco recognizing him for his volunteer efforts in making Arroyo Grande a Bicycle Friendly Community. 7. CITIZENS INPUT, COMMENTS, AND SUGGESTIONS Mayor Hill invited public comment. Speaking from the public were Suzanne (no last name given), Arroyo Grande, in opposition to the proposed improvements at the Dog Park; Kenneth Price, Arroyo Grande, encouraged the cities of Arroyo Grande, Grover Beach, and Pismo Beach to work together to improve infrastructure for bicycles; JoAnn Payne, Jo s Happy Pets and former Board Member of the Five Cities Dog Park Association, in support of the proposed improvements to the Dog Park but opposed the proposed artificial turf material; Maureen Sharon, Five Cities Dog Park Association Board Member, in support of the planned improvements at the Dog Park; Aaron Henkel, Arroyo Grande, referred to the E. Grand Avenue Enhancement Plan which has never been formally adopted by City Council and expressed concern about striping issues on Grand Avenue; Jerry Bunin, Five Cities Dog Park Association, provided a history of the proposed Dog Park ground cover improvement project; Emma Valdivieso, Five Cities Dog Park Association President, in support of the proposed improvements at the Dog Park; Patty Welsh, Arroyo Grande, in opposition to the proposed improvements at the Dog Park; Dog Park User (no name provided), in support of the proposed improvements at the Dog Park; Beatrice Spencer, requested the Dog Park issue be placed on a future City Council agenda; and Kate Shurson, Five Cities Dog Park Association, in support of the proposed improvements to the Dog Park. Following brief Council comments, Acting City Manager Malicoat stated that she would work with the Five Cities Dog Park Association to ensure that all of the public s questions were answered at the January 28, 2015 Five Cities Dog Park Association meeting. 8. CONSENT AGENDA Mayor Hill invited public comment on the Consent Agenda. No comments were received. Assistant City Attorney Hirsch read the full title of the Ordinance in Item 8.l. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.l., with the recommended courses of action. The motion passed on the following roll-call vote: Brown, Guthrie, Harmon, Barneich, Hill 8.a. 8.b. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period December 1, 2014 through December 31, 2014. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of November 30, 2014. Item 8.e. - Page 2
Minutes: City Council Regular Meeting Page 3 8.c. 8.d. 8.e. 8.f. 8.g. 8.h. 8.i. 8.j. Consideration of Acceptance of the Comprehensive Annual Financial Report (CAFR). Action: Received and filed the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2014. Consideration of Award of Consultant Services Agreements to Wohlford Consulting and Colgan Consulting Corporation for User Fee and Development Impact Fee Studies. Action: 1) Awarded a consultant services agreement to Wohlford Consulting for the preparation of a full cost of services (user fee) study; and 2) Awarded a consultant services agreement to Colgan Consulting Corporation for the preparation of a development impact fee study. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of October 28, 2014, Special City Council Meeting of November 19, 2014, Regular City Council Meeting of November 25, 2014, Special City Council Meeting of December 1, 2014, Special City Council Meeting of December 3, 2014, Special City Council Meeting of December 9, 2014, Regular City Council Meeting of December 9, 2014, Special City Council Meeting of December 18, 2014, and Special City Council Meeting of January 5, 2015, as submitted. Consideration of the Purchase of a Replacement ¾ Ton Pick-up Truck.. Action: Awarded the bid for the purchase of a replacement ¾-ton pick-up truck to Mullahey Ford in the amount of $21,373.33. Consideration of Acceptance of the Larchmont Drive Rehabilitation Project, PW 2014-12. Action: 1) Accepted the project improvements as constructed by Ferravanti Grading & Paving in accordance with the plans and specifications for the subject 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 Acceptance of the Hoosegow Park ADA Improvements Project, PW 2014-02 and Appropriation of Park Development Funds. Action: 1) Accepted the improvements as constructed by J&P Construction, Inc. for the subject project; 2) Directed staff to file a Notice of Completion; 3) Authorized the appropriation of $20,000 from the Park Development Fund for the purchase of park furnishings; and 4) Authorized release of retention, thirty-five (35) days after the Notice of Completion has been recorded if no liens have been filed. Consideration of Acceptance of the Leanna Drive Creek Crossing Waterline Project, PW 2013-11. Action: 1) Accepted the improvements as constructed by V. Lopez Jr. & Sons General Engineering Contractors, Inc. for the subject 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. Consideration of a First Amendment to Agreement for Consultant Services with Harris Architecture and Design for the Corporation Yard Renovation Project, PW 2013-012. Action: Approved the First Amendment to the Agreement for Consultant Services with Harris Architecture and Design, reviving the agreement and extending the term of the agreement to December 31, 2015. Item 8.e. - Page 3
Minutes: City Council Regular Meeting Page 4 8.k. 8.l. Consideration of Approval of Final Parcel Map 14-001, Subdividing One Parcel into Two (2) Parcels at 1450 Chilton Street; Applied for by Patrick Kimball and Carlos Castaneda. Action: Approved Final Parcel Map 14-001; subdividing one (1) parcel into two (2) parcels at 1450 Chilton Street; applied for by Patrick Kimball and Carlos Castaneda. Consideration of Adoption of an Ordinance Approving the First Amendment to Development Agreement 09-002 to Modify the Legal Description of the 5-Acre Property Located at the Northeast Corner of West Branch Street and Old Ranch Road (APN 007-011-056). Action: Adopted an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 09-002 TO MODIFY THE LEGAL DESCRIPTION OF THE PROPERTY. 9. PUBLIC HEARINGS 9.a. Consideration of Preliminary Approval of Community Development Block Grant (CDBG) Projects for Year 2015. Associate Planner Heffernon presented the staff report and recommended that the Council provide preliminary approval of proposed projects to be funded with the City s allocation of CDBG funds for the Year 2015. Staff responded to questions from Council. Mayor Hill opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Council Member Brown moved to: 1) provide preliminary approval of proposed projects to be funded with the City s allocation of CDBG funds for the year 2015; and, 2) send a letter to the County Board of Supervisors in support of CDBG funding for the Family Care Network. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll call vote: Brown, Barneich, Guthrie, Harmon, Hill 10. CONTINUED BUSINESS 10.a. Consideration of a Resolution Denying Without Prejudice General Plan Amendment 14-002; Specific Plan Amendment 14-001, Vesting Tentative Tract Map 14-001, and Conditional Use Permit 14-009; Location: Southwest Corner of East Grand Avenue and South Courtland Street; Applicants MFI Limited and NKT Commercial; Representative RRM Design Group. Recommended Action: Adopt a Resolution denying without prejudice General Plan Amendment 14-002; Specific Plan Amendment 14-001, Vesting Tentative Tract Map 14-001, and Conditional Use Permit 14-009. Brief Council comments ensued regarding the proposed project review at the December 9 th meeting, alternatives identified for Council consideration in the current staff report, and Item 8.e. - Page 4
Minutes: City Council Regular Meeting Page 5 continuing the item to a date uncertain to allow the applicant to submit a revised project description. Action: Council Member Brown moved to approve Alternative No. 4 to not adopt the Resolution, and to request concurrence from the applicant to reopen the public hearing for a future date after providing adequate notice. Mayor Hill seconded, and the motion passed on the following roll call vote: Brown, Hill, Guthrie, Harmon, Barneich 10.b. Consideration of Adoption of a Policy to Have a Moment of Silence or a Moment of Reflection at the Beginning of City Council Meetings. Assistant City Attorney Hirsch presented the staff report and recommended that the Council consider the adoption of a policy of having a moment of silence or a moment of reflection instead of an invocation at the beginning of City Council meetings. Mayor Hill invited public comment. Speaking from the public were Ron Dee, Harvest Church, in support of continuing the invocation; Linda Osty, Arroyo Grande, in support of continuing the invocation; Randy Ouimette, St. John s Lutheran Church, in support of continuing the invocation; Greg Steinberger, Arroyo Grande, in support of continuing the invocation; David Leidner, Atheist United of San Luis Obispo, in opposition to continuing the invocation; Pastor Wayne Riddering, Peace Lutheran Church, in support of continuing the invocation; Paul Rinzler, Atheist United, in opposition of continuing the invocation; LeAnn Akins, Arroyo Grande, in support of continuing the invocation; Dan Feldman, spoke regarding traditions vs. policy regarding the invocation; Joseph Scott, James Way, spoke in support of continuing the invocation; Mike Rice, in support of continuing the invocation; Paul Jones, in support of continuing the invocation; Robin Rinzler, in opposition of continuing the invocation; and Kim McGrew, Atheist United, in opposition of continuing the invocation. Upon hearing no further comments, Mayor Hill closed the public comment period. Action: Council Member Guthrie moved to direct staff to change the agenda to have a moment of reflection on all future agendas. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll call vote: Guthrie, Barneich, Hill Brown, Harmon 10.c. Consideration of Agreement with Regional Government Services for Interim City Manager Services. Acting City Manager Malicoat presented the staff report and recommended that the Council execute an agreement with Regional Government Services to provide Interim City Manager services. Mayor Hill invited public comment. No public comments were received. Item 8.e. - Page 5
Minutes: City Council Regular Meeting Page 6 Action: Council Member Guthrie moved to execute an agreement with Regional Government Services to provide Interim City Manager services. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll call vote: Guthrie, Barneich, Brown, Harmon, Hill Mayor Hill presented a Mayor s Commendation to Debbie Malicoat in recognition and appreciation for her service to the City as Acting City Manager from November 25, 2014 to January 13, 2015. Mayor Hill called for a break at 8:47 p.m. The Council reconvened at 9:00 p.m. 11. NEW BUSINESS 11.a. Consideration of the Proposed San Luis Obispo County Tourism Marketing District (SLOCTMD). Acting City Manager Malicoat presented the staff report and recommended that the Council adopt a Resolution granting consent to the San Luis Obispo County Board of Supervisors to establish the San Luis Obispo County Tourism Marketing District inclusive of lodging properties within the City of Arroyo Grande, to be funded by a 1% gross room rental assessment. Staff and Chuck Davison, representing Visit SLO County, responded to questions from Council. Mayor Hill invited public comment. Speaking from the public was Noreen Martin, Visit SLO County President, in support of the proposed SLO County Tourism Marketing District. No further public comments were received. Action: Council Member Guthrie moved to adopt a Resolution entitled: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA, GRANTING CONSENT TO THE COUNTY OF SAN LUIS OBISPO TO FORM THE SAN LUIS OBISPO COUNTY TOURISM MARKETING DISTRICT (SLOCTMD). Council Member Barneich seconded, and the motion passed on the following roll call vote: Guthrie, Barneich, Brown, Harmon, Hill 12. COUNCIL COMMUNICATIONS Council Member Guthrie encouraged the Five Cities Dog Park Association to work things out with members of the public who expressed concerns about the proposed park improvements. Mayor Pro Tem Barneich referred to two pieces of correspondence she received thanking Acting City Manager Malicoat for following up and ensuring the City responded to their issues. Mayor Hill reported that the South San Luis Obispo County Sanitation District (SSLOCSD) Board voted unanimously to disengage from legal action against the State of California and Item 8.e. - Page 6
Minutes: City Council Regular Meeting Page 7 seek a mediated settlement; however, he was informed that today there was a case management meeting in the local court and the unanimous vote of the Board has not yet been carried out. 13. STAFF COMMUNICATIONS. 14. COMMUNITY COMMENTS AND SUGGESTIONS Patty Welsh, Arroyo Grande, responded to public comments regarding the proposed Dog Park improvements, submitted a letter and petition for the record, and stated all they are looking for is more information; and LeAnn Akins, Arroyo Grande, expressed concern about the lack of notification regarding the park improvements, oversight of the Dog Park, and that this should be a Council decision as the park is located on City property. 15. CLOSED SESSION:. 16. ADJOURNMENT Mayor Hill adjourned the meeting at 9:35 p.m. Jim Hill, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Item 8.e. - Page 7
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