City Council

City Manager Review: MPB Council Agenda Item No.: 2 CITY OF BUELLTON CITY COUNCIL MEETING MINUTES Regular Meeting of January 28, 2016 City Council Chambers, 140 West Highway 246 Buellton, California CALL TO ORDER Mayor Ed Andrisek called the meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Boy Scout Troup 41 led the Pledge of Allegiance ROLL CALL Present: Council Members John Connolly, Leo Elovitz, Holly Sierra, Vice Mayor Dan Baumann, and Mayor Ed Andrisek Staff: City Manager Marc Bierdzinski, City Attorney Steve McEwen, Finance Director Carolyn Galloway-Cooper, Public Works Director Rose Hess, Contract Planner Irma Tucker, Assistant Planner Andrea Olson, and City Clerk Linda Reid REORDERING OF AGENDA None PUBLIC COMMENTS John Dorwin, Buellton, discussed the traffic accident on West Highway 246 and La Lata Drive and asked that the City Council review the incident. Pam Gnekow, Buellton Senior Center Executive Director thanked Barbara Knecht and the Buellton Recreation Center for organizing three new recreation programs for seniors at the Senior Center. City Council Meeting Minutes Page 2 January 28, 2016 CONSENT CALENDAR 1. Minutes of January 14, 2016 Regular City Council Meeting 2. List of Claims to be Approved and Ratified for Payment to Date for Fiscal Year 2015-16 3. Revenue and Expenditure Reports through December 31, 2015 MOTION: Motion by Council Member Sierra, seconded by Council Member Connolly, approving Consent Calendar Items 1, 2 and 3 as listed. VOTE: Motion passed by a roll call vote of 5-0. Council Member Connolly – Yes Council Member Elovitz – Yes Council Member Sierra– Yes Vice Mayor Baumann – Yes Mayor Andrisek – Yes PRESENTATIONS None PUBLIC HEARINGS 4. Resolution No. 15-26 – “A Resolution of the City Council of the City of Buellton, California, Denying the Appeals and Approving the Mitigated Negative Declaration (15-MND-01) and Mitigation Monitoring and Reporting Program for the Live Oak Lanes Project Which Includes a Bowling Alley/Entertainment Center and Warehouse Facility on 5.08 Acres Located at 39 and 41 Industrial Way, Assessor’s Parcel Numbers 099-690-045 and 099-690-046” Resolution No. 15-27 – “A Resolution of the City Council of the City of Buellton, California, Denying the Appeals and Approving the Final Development Plan (13- FDP-03), Lot Line Adjustment (13-LLA-02) and Conditional Use Permit (13-CUP- 02) for the Live Oak Lanes Project, Which Includes a Bowling Alley/Entertainment Center and Warehouse Facility on 5.08 Acres Located at 39 and 41 Industrial Way, Assessor’s Parcel Numbers 099-690-045 and 099-690-046” (Continued from November 12, 2015) RECOMMENDATION: That the City Council consider adoption of Resolution No. 15-26 and Resolution No. 15- 27. STAFF REPORT: City Manager Bierdzinski presented the staff report. City Council Meeting Minutes Page 3 January 28, 2016 SPEAKERS/DISCUSSION: Correspondence regarding this item was received, distributed, and made part of the record from the following individuals:  Sid Goldstien, Civil Engineer, Inc.  Lew Eisaguirre, Terravant Wine Company  Gordon Hensley, Environment in the Public Interest  Dylan Johnson, Brownstein Hyatt Farber Schreck  Matt Stoecker, Conservation Biologist Mayor Andrisek opened the continued public hearing at 6:15 p.m. Lew Eisaguirre, President of Terravant Wine Company, discussed his company’s position regarding the appeal of the Live Oak Lanes project and provided a copy of his presentation for the record. Matt Stoecker, Conservation Biologist, discussed his position regarding his appeal of the Live Oak Lanes project. Carol Peterson, Project Applicant addressed the Council and discussed the proposed bowling alley project. Sid Goldstien, Civil Engineer, representing Applicant Carol Peterson discussed his client’s position regarding the appeal of the Live Oak Lanes project. Mr. Goldstien offered to meet with Matt Stoecker to address the environmental issues associated with the project. Kevin Merk, Biologist with Kevin Merk and Associates discussed the biology issues associated with the Live Oak Lanes project. Mr. Merk addressed the points presented in Mr. Stoecker’s letter and disagreed with Mr. Stoecker’s arguments, as well as the arguments made by Gordon Hensley. The following individuals spoke in support of the construction of Live Oak Lanes:  Irene Covington  Mike Hendrick  Pam Gnekow  Jim Dietenhoffer  Kathy Vreeland  Ron Anderson  Billy Ames  Mark Hemming The following individuals spoke against the construction of Live Oak Lanes:  Candice Meneghin, California Trout, Inc. (Provided a handout for the record)  Gordon Hensley, Environment in the Public Interest  Sethea Downey, Buellton The Appellants (Lew Eisaguirre and Matt Stoecker) provided rebuttal arguments. City Council Meeting Minutes Page 4 January 28, 2016 The Applicant’s representatives (Kathleen Weinheimer and Sid Goldstien) provided rebuttal arguments. There being no further public comment, Mayor Andrisek closed the Public Hearing at 9:25 p.m. The City Council discussed the following issues:  Drainage and biology conditions and mitigation measures  Adding an additional condition for the Applicant to work with Matt Stoecker to mitigate erosion and biology issues  The disputed property ownership on the project’s east side  Circulation issues  Use of the common retention basin  Installation of lighting along Industrial Way  Connection of the project to the proposed trail system  Adding a van service to get people to and from the bowling alley DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Council Member Connolly, seconded by Council Member Sierra approving Resolution No. 15-26 – “A Resolution of the City Council of the City of Buellton, California, Denying the Appeals and Approving the Mitigated Negative Declaration (15- MND-01) and Mitigation Monitoring and Reporting Program for the Live Oak Lanes Project Which Includes a Bowling Alley/Entertainment Center and Warehouse Facility on 5.08 Acres Located at 39 and 41 Industrial Way, Assessor’s Parcel Numbers 099-690- 045 and 099-690-046” Approving Resolution No. 15-27 - “A Resolution of the City Council of the City of Buellton, California, Denying the Appeals and Approving the Final Development Plan (13-FDP-03), Lot Line Adjustment (13-LLA-02) and Conditional Use Permit (13-CUP- 02) for the Live Oak Lanes Project, Which Includes a Bowling Alley/Entertainment Center and Warehouse Facility on 5.08 Acres Located at 39 and 41 Industrial Way, Assessor’s Parcel Numbers 099-690-045 and 099-690-046” with the following added condition: The Applicant shall work with the adjoining property owner to the south to minimize off-site drainage and biology impacts. VOTE: Motion passed by a roll call vote of 5-0. Council Member Connolly - Yes Council Member Elovitz - Yes Council Member Sierra - Yes Vice Mayor Baumann - Yes Mayor Andrisek – Yes Mayor Andrisek called for a recess at 9:50 p.m. City Council Meeting Minutes Page 5 January 28, 2016 Mayor Andrisek reconvened the meeting at 10:03 p.m. COUNCIL MEMBER COMMENTS/ITEMS Council Member Sierra requested that graffiti in the alley between Central and the Avenue of Flags be removed. Council Member Sierra requested that staff agendize discussion regarding the accident on West Highway 246 where the resident was killed on December 7, 2015. City Manager Bierdzinski announced that he will agendize this issue after he receives the traffic collision report. WRITTEN COMMUNICATIONS None COMMITTEE REPORTS Council Member Sierra announced that she attended board meetings for Santa Barbara County Association of Governments (SBCAG) and Air Pollution Control District (APCD) and provided oral reports regarding the meetings. Mayor Andrisek announced that he attended the Central Coast Water Authority (CCWA) Board Meeting and provided an oral report regarding the meeting. BUSINESS ITEMS 5. Ordinance No. 16-01 – “An Ordinance of the City Council of the City of Buellton, California, Approving an Amendment to the Zoning Map (15-ZOA-02) from CR to M for a Portion of Assessor’s Parcel Number 099-690-048” (Second Reading) RECOMMENDATION: That the City Council consider adoption of Ordinance No. 16-01. STAFF REPORT: City Manager Bierdzinski presented the staff report. DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Vice Mayor Baumann, seconded by Council Member Elovitz, approving Ordinance No. 16-01 – “An Ordinance of the City Council of the City of Buellton, California, Approving an Amendment to the Zoning Map (15-ZOA-02) from CR to M for a Portion of Assessor’s Parcel Number 099-690-048” by title only and waive further reading. City Council Meeting Minutes Page 6 January 28, 2016 VOTE: Motion passed by a roll call vote of 5-0. Council Member Connolly - Yes Council Member Elovitz - Yes Council Member Sierra - Yes Vice Mayor Baumann - Yes Mayor Andrisek - Yes 6. Financial Report for the Second Quarter Ending December 31, 2015 RECOMMENDATION: That the City Council receive and file the Second Quarter Financial Report ending December 31, 2015. STAFF REPORT: Finance Director Galloway-Cooper presented the staff report. DOCUMENTS: Staff report with attachments as listed in the staff report. DISCUSSION: The City Council discussed the refund from the Department of Finance. DIRECTION: The Council agreed by consensus to receive and file the Second Quarter Financial Report ending December 31, 2015. 7. Resolution No. 16-02 – “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Budget Amendments from Operational Changes Related to Fiscal Year 2015-16 through the Second Quarter Ending December 31, 2015” RECOMMENDATION: That the City Council approve Resolution No. 16-02. STAFF REPORT: Finance Director Galloway-Cooper presented the staff report. DOCUMENTS: Staff report with attachments as listed in the staff report. MOTION: Motion by Council Member Sierra, seconded by Vice Mayor Baumann, approving Resolution No. 16-02 – “A Resolution of the City Council of the City of Buellton, California, for the Purpose of Budget Amendments from Operational Changes Related to Fiscal Year 2015-16 through the Second Quarter Ending December 31, 2015” City Council Meeting Minutes Page 7 January 28, 2016 VOTE: Motion passed by a roll call vote of 5-0. Council Member Connolly - Yes Council Member Elovitz - Yes Council Member Sierra - Yes Vice Mayor Baumann - Yes Mayor Andrisek – Yes 8. Consideration of Contract for Water and Sewer Rate Study RECOMMENDATION: That the City Council award the contract for the Water and Sewer Rate Study in the amount of $48,290 to Water Consultancy and authorize the City Manager to execute that contract. STAFF REPORT: Public Works Director Hess presented the staff report. DOCUMENTS: Staff report with attachments as listed in the staff report. SPEAKERS/DISCUSSION: Mr. Takaichi of Water Consultancy spoke about the importance of conducting a water and sewer rate study in order to ensure the City complies with Proposition 218. The City Council discussed the following issues:  The rate study must include all costs associated with the delivery of water, including operation, repair, and maintenance  That the consultant work closely with staff and the water rate committee (consisting of Mayor Andrisek and Council Member Sierra)  Proposition 218 requirements apply to all cities regardless of size MOTION: Motion by Council Member Sierra, seconded by Vice Mayor Baumann, awarding the contract for the Water and Sewer Rate Study in the amount of $48,290 to Water Consultancy and authorizing the City Manager to execute the contract. VOTE: Motion passed by a roll call vote of 5-0. Council Member Connolly - Yes Council Member Elovitz - Yes Council Member Sierra - Yes Vice Mayor Baumann - Yes Mayor Andrisek – Yes City Council Meeting Minutes Page 8 January 28, 2016 CITY MANAGER’S REPORT City Manager Bierdzinski provided an informational report to the City Council. ADJOURNMENT Mayor Andrisek adjourned the regular meeting at 10:47 p.m. The next regular meeting of the City Council will be held on Thursday, February 11, 2016 at 6:00 p.m. _________________________________ Ed Andrisek Mayor ATTEST: __________________________________ Linda Reid City Clerk