CC 2015-04-14_08b Approval of CC MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 24, 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: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro
Tern Kristen Barneich, and Mayor Jim Hill were present.
City Staff Present: Interim City Manager Bob McFall, City Attorney Tim Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Director of
Administrative Services Debbie Malicoat„ Director of Public Works Geoff
English, Director of Community Development Teresa McClish, Associate
Planner Matt Downing, City Engineer Matt Horn, Public Works Supervisor
Shane Taylor, and Public Works Supervisor Ron Simpson.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of the Cub Scouts, Boy Scouts, and Order of Arrow led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Mayor Pro Tern 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. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Pastor Steve Henry, Harvest
Church, who gave an invocation; and Art Mogilefsky, Mesa Drive, in support of mobile medical
marijuana dispensaries and requested the City Council amend its ordinance to delete the
prohibition of mobile medical marijuana dispensaries in the City.
8. CONSENT AGENDA
Mayor Hill invited public comment on the Consent Agenda.
Patty Welsh, Arroyo Grande, commented on Item 8.e. as it relates to the cost and labor for
installation of the in- pavement lights.
Public Works Director English provided an explanation for the proposed lights, related costs, in-
house installation and maintenance.
Item 8.b. - Page 1
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Tuesday, March 24, 2015
Council Member Harmon requested that Item 8.f. be pulled.
Action: Council Member Guthrie moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 8.a. through 8.e., with the recommended courses of action.
The motion passed on the following roll -call vote:
AYES: Guthrie, Brown, Harmon, Barneich, Hill
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period March 1, 2015 through
March 15, 2015.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as of February 28, 2015, as required by Government Code Section 53646(b).
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
March 10, 2015, and the Special City Council Meeting of March 16, 2015, as submitted.
8.d. Consideration of an Award of Contract to Insituform Technologies, Inc. for the
2015 Sewer Lining Project, PW 2015 -04.
Action: 1) Awarded a contract for the 2015 Sewer Lining Project to Insituform
Technologies, Inc. in the amount of $119,577; and 2) Authorized the Interim City
Manager to approve change orders for 10% of the contract amount, $11,958, for
unanticipated costs during the project; and 3) Directed the City Clerk to file a Notice of
Exemption.
8.e. Consideration of Purchase of In- Pavement Replacement Lights for East Branch
Street Crosswalks.
Action: Approved the purchase of twenty -eight (28) solar powered, radio controlled light
units from Silicon Constellations in the amount of $30,800.59.
ITEM PULLED FROM THE CONSENT AGENDA
8.f. Consideration of Approval of City Landscape Area Water Conservation Program.
Recommended Action: The Parks and Recreation Commission recommends the City
Council approve the recommendation to implement water conservation and turf removal
measures for the City's parks and landscape areas, with a modification to allow for
approximately 4,000 square feet of turf at the Meadowlark Drive entrance to the
Foremaster residential development on Oak Park Boulevard.
Public Works Director English responded to questions from Council regarding the addition of
trees, impacts on staff workload for maintenance, water conservation, and turf removal. He
then provided a brief overview of the staff report. Public Works Supervisor Simpson reviewed
the recommendations in the Water Audit report for City -owned facilities and parks.
Action: Mayor Pro Tern Barneich moved to implement water conservation and turf removal
measures for the City's parks and landscape areas, as modified to allow for approximately
4,000 square feet of turf at the Meadowlark Drive entrance to the Foremaster residential
development on Oak Park Boulevard, that Dower Park turf be removed from under the picnic
Item 8.b. - Page 2
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Tuesday, March 24, 2015
benches, and that all turf be removed at the Fire Station. Council Member Guthrie seconded,
and the motion passed on the following roll -call vote:
AYES: Barneich, Guthrie, Brown, Harmon, Hill
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
9.a. Consideration of Amended Conditional Use Permit Case No. 15 -001, Lot Merger
15 -001, and Variance 15 -001; Location: Oak Park Professional Plaza (APNs 007-
771 -053, -062, and -072); Applicant: Russ Sheppel.
Associate Planner Downing presented the staff report and stated that the Planning Commission
recommends the City Council approve the proposed modifications to an approved project by
adopting a Resolution approving Amended Conditional Use Permit, Variance, and Lot Merger
for the construction of an approximately 55,000 square -foot, 70 -bed assisted living /memory care
facility and 16 -unit independent living facility.
Staff responded to questions from Council regarding ingress /egress, parking space
requirements, traffic analysis, drainage, and building height.
Russ Sheppel, applicant, spoke in support of the project, addressing issues regarding parking;
the need for a memory care facility in this area; and requested the Council add a condition to
allow construction starting at 10 a.m. on Saturday to reduce the length of construction time for
the project.
Council questions ensued regarding the proposed project.
Mayor Hill opened the public hearing. Speaking from the public were Patty Welsh, Arroyo
Grande, expressing concern about impacted parking on the site and did not support
construction on Saturdays; Ray Bunnell, in support of project, commented that there are 18
spaces located within the easement, and that there is an agreement with Mr. Sheppel which
allows posting of signs to allow him to tow vehicles; April McLaughlin, Arroyo Grande,
expressed concerned about people parking across the street and crossing James Way; Russ
Sheppel, applicant, responded to concerns about the parking agreement; John Keen, Arroyo
Grande, expressed concern about hours of construction, that no building inspectors would be on
site on the weekend, and suggested that construction be allowed on Saturday only for interior
construction.
Council comments ensued regarding parking, traffic, ingress /egress, drainage, landscaping,
setbacks, building height, and hours of construction. There was also clarification that the City is
not a party to or involved with the shared parking agreement with the church property across the
street.
Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT CASE NO. 15 -001, VARIANCE CASE NO. 15 -001, AND LOT
MERGER CASE NO. 15 -001 FOR THE CONSTRUCTION OF AN APPROXIMATELY 55,000
Item 8.b. - Page 3
Minutes: City Council Regular Meeting Page 4
Tuesday, March 24, 2015
SQUARE -FOOT, 70 -BED ASSISTED LIVING /MEMORY CARE FACILITY AND SIXTEEN (16)
UNIT INDEPENDENT LIVING FACILITY; LOCATED AT THE OAK PARK PROFESSIONAL
PLAZA (APNs 007 - 771 -053, -062, AND -072); APPLIED FOR BY RUSS SHEPPEL ", as
amended that the ingress /egress would be as recommended by staff and that construction
would be allowed on Saturday from 10:00 a.m. — 5:00 p.m. to be limited to within enclosed
structures. Council Member Guthrie seconded.
City Attorney Carmel clarified for the record that the condition of approval regarding construction
hours would be modified in part to read as follows: "Perform construction activities during normal
business hours (Monday through Friday, 7 A. M. to 5 P. M., and Saturday from 10 A. M. to 5 P. M.
limited to within enclosed structures).... ".
The motion passed on the following roll -call vote:
AYES: Brown, Guthrie, Harmon, Barneich, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 8:35 p.m. The Council reconvened at 8:45 p.m.
10. CONTINUED BUSINESS
10.a. Consideration of a Budget Appropriation of State Grant — Citizens Option for
Public Safety (COPS) Funds.
Police Chief Annibali presented the staff report and recommended that the Council approve his
recommendation to appropriate the balance of COPS funds, in the amount of $183,121.05, to
continue the multi -year program for the replacement and enhancement of the Police
communications and technology systems.
Mayor Hill invited public comment. No public comment was received.
Action: Council Member Harmon moved to approve the Chief of Police's recommendation to
appropriate the balance of COPS funds, in the amount of $183,121.05, to continue the multi-
year program for the replacement and enhancement of the Police communications and
technology systems. Mayor Pro Tern Barneich seconded, and the motion passed on the
following roll -call vote:
AYES: Harmon, Barneich, Guthrie, Brown, Hill
NOES: None
ABSENT: None
11. NEW BUSINESS
11.a. Consideration of Modifications to Police Department Staffing.
Police Chief Annibali presented the staff report and recommended that the Council approve
modifying staffing in the Police Department in order to address the revised needs of the Police
Department and community.
Item 8.b. - Page 4
Minutes: City Council Regular Meeting Page 5
Tuesday, March 24, 2015
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Guthrie moved to approve modifying staffing in the Police Department
in order to address the revised needs of the Police Department and community by allocating
$5,000 from the Reserved Officer position and to approve the creation of a new full -time records
clerk position. Mayor Pro Tern Barneich seconded, and the motion passed on the following roll
call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
Action: Council Member Guthrie moved to approve the over hiring of two Police Officers in
anticipation of the vacancies. Mayor Pro Tern Barneich seconded, and the motion passed on
the following roll call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
11.b. Monthly Water Supply and Demand Update.
Interim City Manager McFall provided introductory comments. Public Works Director English
presented the staff report and recommended that the Council receive the monthly Water Supply
and Demand Update.
Public Works Supervisor Taylor presented water supply and demand information for the month
of February 2015 and Lopez Reservoir storage projections.
Mayor Hill invited public comment. No public comments were received.
Council requested that future reports include carryover use and entitlement information from all
agencies, and to forward the NCMA report to Council when it becomes available.
The Council received the report and no formal action was taken.
12. 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
(4) California Joint Powers Insurance Authority (CJPIA)
Item 8.b. - Page 5
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Tuesday, March 24, 2015
(b) Mayor Pro Tern Barneich:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(c) 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
(d) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) Economic Vitality Corporation (EVC)
(e) Council Member Harmon:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
13. COUNCIL COMMUNICATIONS
Mayor Pro Tern Barneich expressed appreciation for the efforts that Curtis Johnson in Public
Works provided in gathering the information for the water audit presentation.
14. STAFF COMMUNICATIONS
None.
15. COMMUNITY COMMENTS AND SUGGESTIONS
None.
16. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code Section 54956.9(d)(1):
Name of Case: Santa Maria Valley Water Conservation District v. City of Santa
Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV
770214
At 10:00 p.m., City Attorney Carmel stated that the City Council will adjourn to Closed Session
to consider Item 16.a. and that subsequent to the posting of this regular meeting agenda, there
was a need to post a special meeting agenda for an additional closed session item to consider
Public Employment pursuant to Government Code Section 54957, Title: City Manager,
specifically regarding the status of the City Manager recruitment. Mayor Hill adjourned the
open session and the Council proceeded to closed session.
17. RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 11:44 p.m. Interim City Manager McFall
reported that the Council met in closed session to discuss the Santa Maria groundwater
litigation strategy, and there is no action to report. For the special meeting closed session, he
Item 8.b. - Page 6
Minutes: City Council Regular Meeting
Tuesday, March 24, 2015
Page 7
also reported that the Council discussed the status of the City Manager recruitment, that
interviews of the City Manager candidates will be held on Friday, the Council hopes to make a
decision soon, and there is no action to report.
18. ADJOURNMENT
Mayor Hill adjourned the meeting at 11:45 p.m.
Kristen Barneich, Mayor Pro Tem
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Item 8.1b. - Page 7
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 24, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
CALL TO ORDER
At 10:00 p.m., at the end of the Regular Meeting of March 24, 2015, Mayor Hill announced there
would be a Special Meeting. He asked legal counsel if the Special Meeting closed session item
could be held concurrently with the Regular Meeting closed session item.
City Attorney Carmel responded yes and stated that subsequent to the posting of the regular
meeting agenda, there was a need to post a special meeting agenda for an additional closed
session item to consider Public Employment pursuant to Government Code Section 54957, Title:
City Manager, specifically regarding the status of the City Manager recruitment.
ROLL CALL
Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tern Kristen Barneich,
and Mayor Jim Hill were present.
PUBLIC COMMENT:
No public comments were received.
CITY COUNCIL CLOSED SESSION:
PUBLIC EMPLOYMENT pursuant to Government Code Section 54957:
Title: City Manager
Mayor Hill adjourned the open session and the Council proceeded to closed session.
RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 11:44 p.m. Interim City Manager McFall
reported that the Council met in closed session to discuss the status of the City Manager
recruitment, that interviews of the City Manager candidates will be held on Friday, the Council
hopes to make a decision soon, and there is no action to report.
ADJOURNMENT
Mayor Hill adjourned the meeting at 11:45 p.m.
Kristen Barneich, Mayor Pro Tem
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Item 8.b. - Page 8
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
FRIDAY, MARCH 27, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER:
Mayor Hill called the Special City Council Meeting to order at 7:30 a.m.
2. ROLL CALL:
Council Members Barbara Harmon, Council Member Tim Brown, Jim Guthrie, Mayor Pro Tern
Kristen Barneich, and Mayor Jim Hill were present.
Interim City Manager Bob McFall was also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT:
None.
5. CITY COUNCIL CLOSED SESSION:
PUBLIC EMPLOYMENT pursuant to Government Code Section 54957:
Title: City Manager
6. RECONVENE TO OPEN SESSION:
Mayor Hill left the meeting following closed session. At 5:43 p.m. Mayor Pro Tern Barneich
reconvened the meeting into open session and announced was no reportable action taken.
7. ADJOURNMENT
Mayor Pro Tern Barneich adjourned the meeting at 5:44 p.m.
Kristen Barneich, Mayor Pro Tern
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Item 8.b. - Page 9
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
SATURDAY, MARCH 28, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER:
Mayor Hill called the Special City Council Meeting to order at 8:00 a.m.
2. ROLL CALL:
Council Members Barbara Harmon, Council Member Tim Brown, Jim Guthrie, Mayor Pro Tern
Kristen Barneich, and Mayor Jim Hill were present.
Interim City Manager Bob McFall was also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT:
None.
5. CITY COUNCIL CLOSED SESSION:
PUBLIC EMPLOYMENT pursuant to Government Code Section 54957:
Title: City Manager
6. RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 2:25 p.m. and announced that the
Council continued to proceed with the City Manager recruitment process and there was no
reportable action taken.
7. ADJOURNMENT
The meeting adjourned at 2:26 p.m.
Kristen Barneich, Mayor Pro Tern
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Item 8.b. - Page 10
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 31, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER:
Mayor Hill called the Special City Council Meeting to order at 6:00 p.m.
2. ROLL CALL:
Council Members Barbara Harmon, Council Member Tim Brown, Jim Guthrie, Mayor Pro Tern
Kristen Barneich, and Mayor Jim Hill were present.
Interim City Manager Bob McFall, City Attorney Timothy Carmel, and Deputy City Clerk Kitty
Norton were also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT:
None.
5. CITY COUNCIL CLOSED SESSION:
a. PUBLIC EMPLOYMENT pursuant to Government Code Section 54957:
Title: City Manager
b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957:
Title: City Attorney
City Attorney Carmel announced that the Council would adjourn to closed session to consider
the status of the City Manager recruitment under Public Employment pursuant to Government
Code Section 54957, and the City Attorney's performance evaluation, also pursuant to
Government Code Section 54957.
6. RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 9:44 p.m. Interim City Manager McFall
announced the Council met in closed session and no reportable action was taken.
7. ADJOURNMENT
Mayor Hill adjourned the meeting at 9:45 p.m.
Item 8.b. - Page 11
Minutes of City Council Special Meeting
March 31, 2015
Page 2
Kristen Barneich, Mayor Pro Tern
ATTEST:
Kitty Norton, Deputy City Clerk
(Approved at CC Mtg )
Item 8.b. - Page 12