CC 2015-06-09_08d Approval of CC MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 12, 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 Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro
Tem Kristen Barneich and Mayor Jim Hill were present.
City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham,
Director of Legislative and Information Services/City Clerk Kelly Wetmore,
Director of Administrative Services Debbie Malicoat, Director of
Community Development Teresa McClish, Director of Recreation
Services John Rogers, Chief of Police Steve Annibali, Public Works
Director Geoff English, Building Official Johnathan Hurst, and Public
Works Supervisor Ron Simpson.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Terry Orton, representing Arroyo Grande Lions Club, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member Brown 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
6.a. Honorary Proclamation Declaring May 2015 as “Building Safety Month”.
Mayor Hill presented an Honorary Proclamation declaring May 2015 as “Building Safety Month”.
Johnathan Hurst, Building Official, accepted the Proclamation.
6.b. Honorary Proclamation Declaring May 17-23, 2015 as “National Public Works
Week”.
Mayor Hill presented an Honorary Proclamation declaring May 17-23, 2015 as “National Public
Works Week”. Mike Linn, Capital Projects Engineer, and Ron Simpson, Public Works
Supervisor, accepted the Proclamation.
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7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Linda Osty, Arroyo Grande,
who provided an invocation; Patty Welsh, Arroyo Grande, who referred to an upcoming Five
Cities Fire Authority (FCFA) meeting and expressed concerns about the budget, increasing
costs for CalPERS contributions and proposed personnel additions and how those would be
funded, and suggested that CalFire provide a bid for services; Beatrice Spencer, Arroyo
Grande, expressed concerns about the proposed Five Cities Fire Authority Budget, that the
Authority has not been using correct funding allocations which will increase Arroyo Grande’s
contributions, and that a bid from CalFire should be considered; and Randall Morton, Arroyo
Grande, commented that Congress passed a law that veterans may salute the flag with a
traditional military salute, and stated in 1972-73 he was a Junior Engineer for the Westinghouse
Diablo Canyon Nuclear Power Plant and has recently returned to the area.
8. CONSENT AGENDA
Mayor Hill invited public comment on the Consent Agenda. No comments were received.
Mayor Hill requested Item 8.c. be pulled.
Action: Council Member Guthrie moved, and Mayor Pro Tem Barneich seconded the motion to
approve Consent Agenda Items 8.a. through 8.e., with the exception of Item 8.c., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 16, 2015 through
April 30, 2015.
8.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of April 28, 2015, as
submitted.
8.d. Consideration of Waiver of the Planning Application Fee for Conditional Use
Permit 15-001 to Implement a Stream Gauge Fish Passage Improvement Project;
Location – Arroyo Grande Creek in Proximity to Clarence Avenue and Myrtle Drive
(APN 007-572-029 and 007-572-031); Applicant: Central Coast Salmon
Enhancement, Inc.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE APPROVING A WAIVER OF THE PLANNING
APPLICATION FEE FOR CONDITIONAL USE PERMIT 15-001; LOCATION –
ARROYO GRANDE CREEK IN PROXIMITY TO CLARENCE AVENUE AND MYRTLE
DRIVE (APN 007-572-029 AND 007-572-031); APPLICANT - CENTRAL COAST
SALMON ENHANCEMENT, INC. (CCSE)”.
8.e. Consideration of Cancellation of July 14, 2015 City Council Meeting.
Action: Cancelled the regularly scheduled Council meeting of July 14, 2015.
ITEMS PULLED FROM THE CONSENT AGENDA
8.c. Consideration of an Award of Contract to D-Kal Engineering, Inc. for the Crown
Terrace Sewer Replacement Project, PW 2015-05.
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Recommended Action: 1) Award a contract for the Crown Terrace Sewer Replacement
Project to D-Kal Engineering, Inc. in the amount of $73,156; 2) Authorize the Interim City
Manager to approve change orders up to 20% of the contract amount, $14,631, for
unanticipated costs during the construction phase of the project; 3) Appropriate an
additional $28,000 from the Sewer Fund to the subject project budget; and 4) Direct the
City Clerk to file a Notice of Exemption.
In response to questions by Mayor Hill, Public Works Director English explained the industry
standard protocol for change orders and that it is common practice to request Council approval
for change orders for up to 20% of the contract amount for projects that include excavation,
trenching, or other in-ground issues. Interim City Manager McFall also noted that contingency
funds are within the approved project budget.
Mayor Hill invited public comment. Patty Welsh, Arroyo Grande, expressed concern with the
20% contingency amount for change orders. No further public comments were received.
Action: Council Member Guthrie moved to: 1) Award a contract for the Crown Terrace Sewer
Replacement Project to D-Kal Engineering, Inc. in the amount of $73,156; 2) Authorize the
Interim City Manager to approve change orders up to 20% of the contract amount, $14,631, for
unanticipated costs during the construction phase of the project; 3) Appropriate an additional
$28,000 from the Sewer Fund to the subject project budget; and 4) Direct the City Clerk to file a
Notice of Exemption. Mayor Pro Tem Barneich seconded and the motion passed on the
following roll-call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
10.a. Consideration of Budget Reallocation for the Police Station Addition/ Tenant
Improvements Project, PW 2014-08 and Approval of a Third Amendment to the
Agreement with IBI Group Architecture Planning, Inc.
Public Works Director English presented the staff report and recommended that the Council: 1)
Reallocate savings from the Police Department operating budget to the Police Station
Addition/Tenant Improvements Project for previously approved services and project closing
costs; and 2) Authorize the Mayor to execute Amendment No. 3, reviving and extending the
term of the Consultant Services Agreement with IBI Group Architecture Planning Inc., to cover
additional construction administration services resulting from project delays and providing
additional compensation for such services.
Chief Annibali provided an overview of the project improvements and provided a visual
presentation of the building’s interior and exterior remodel.
Council questions ensued regarding use of COPS Funds; radio communications systems;
clarification of additional services by IBI Group; fence and roof-top screening; the outstanding
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Tuesday, May 12, 2015
claim from the contractor; and the total cost of the project. Staff stated that a project close-out
report detailing costs of the project would be provided to the Council when the Notice of
Completion is presented for approval.
Mayor Hill invited public comment. Beatrice Spencer, Arroyo Grande, expressed concern
regarding the contract extension, provisions for penalties, and that the cost for furniture, fixtures
and equipment seems high; Patty Welsh, Arroyo Grande, expressed concern regarding costs
for the project, issues with the contractor, and whether the fence screening material will hold up
over time. No further public comments were received.
Interim City Manager McFall responded to public comments regarding liquidated damages,
counter-claims, the outstanding invoice, changes in the project design that occurred, clarification
regarding the estimate for furniture, fixtures, and equipment, and the expected life span of the
fence screening material.
Action: Council Member Harmon moved to: 1) Reallocate savings in the amount of $112,000
from the Police Department operating budget to the Police Station Addition/Tenant
Improvements Project for previously approved services and project closing costs; and 2)
Authorize the Mayor to execute Amendment No. 3, reviving and extending the term of the
Consultant Services Agreement with IBI Group Architecture Planning Inc., to December 31,
2015 to cover additional construction administration services resulting from project delays and
providing additional compensation for such services. Council Member Guthrie seconded, and
the motion passed on the following roll-call vote:
AYES: Harmon, Guthrie, Brown, Barneich, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 8:45 p.m. The Council reconvened at 8:55 p.m.
11. NEW BUSINESS
11.a. Consideration of Preliminary FY 2015-16 and FY 2016-17 Budget: Capital
Improvement Program and Non-General Fund Programs.
Interim City Manager McFall introduced the item and Administrative Services Director Malicoat
presented the staff report and recommended that the Council review and provide direction on
the Preliminary FY 2015-16 and FY 2016-17 Budget for the City’s Capital Improvement
Program, Enterprise Fund programs, Sales Tax Fund programs and other Special Revenue
Fund programs.
Council questions and discussion ensued regarding the proposed Council Chambers remodel
and audio/visual upgrade project as it relates to completing the ADA improvements; the
Citywide solar panel project; the firewall replacement device; new financial management
software; the Don Roberts Field lighting project; the Local Sales Tax Fund Plan as it relates to
increased funding for Five Cities Fire Authority; the Sewer System Management Plan Audit; the
proposed Water Fund position; the Hoosegow Park Staircase Project; potential use of Park
Development Fees for improvements to the Dog Park; the Brisco Interchange Project; East
Branch Street Streetscape Project; the Le Point Street Parking Lot project as it relates to
increasing the funding allocations for future property purchase; the Castillo del Mar
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improvement project as it relates to funding identified in the Memorandum of Understanding; the
sewer rehabilitation project near Arroyo Grande Creek; upgrades to the Elm Street building;
funding for the police firing range; Fair Oaks/Orchard Avenue intersection improvements; the
unfunded recycled water project; donations for the Woman’s Club kitchen remodel project,
Citywide ADA improvements; affordable housing funds; funding for the safety improvement
program for crosswalk improvements; facility maintenance and upgrades; stormwater and
drainage improvements; transfers to the General Fund; and pursuing grant funding for a
recycled water project.
Mayor Hill invited public comment. Patty Welsh, Arroyo Grande, referred to the landscaping
from Branch Street to Mason Street and asked if that included installation of a sidewalk on the
Paulding curve; expressed concern about the proposed Recreation Center project which would
bring more congestion to the Brisco Interchange; and expressed concern that she did not see
any plans for improvements to East Grand Avenue; Beatrice Spencer, Arroyo Grande,
expressed concerns with the feasibility of the location of the proposed Recreation Center
project as it relates to increased traffic, expressed concern regarding a proposed roundabout at
Fair Oaks Avenue which would impact high school traffic, expressed concern she did not see
anything in the 5 year plan for water reclamation, and would like it placed higher on the priority
list; opposed spending funds on the Hoosegow Park staircase project and stated that the funds
should be used for lighting at Don Roberts Field. No further public comments were received.
Council comments ensued, which included general support of the Preliminary Budget for capital
improvement and non-General Fund programs, and specific direction to staff to eliminate the
proposed Hoosegow Park staircase project.
No formal action was taken.
At this time, Mayor Hill noted that pursuant to Council policy, the Council must vote unanimously
to continue the meeting past 11:00 p.m.
Action: Council Member Guthrie moved to continue the meeting past 11:00 p.m., Mayor Pro
Tem Barneich seconded, and the motion passed unanimously by voice vote.
12. COUNCIL COMMUNICATIONS
Council Member Brown noted that his car was stolen and recovered by Arroyo Grande Police
Officer Smith and thanked the Police Department for their work.
Council Member Guthrie stated he had not received a copy of the Five Cities Fire Authority
Preliminary Budget and asked how Council would be able to review the budget and
communicate with the Council’s appointed representative before the meeting takes place.
Discussion ensued regarding Council policy regarding Council direction on items from appointed
Boards and Committees. Five Cities Fire Authority Chief Lieberman stated that he would only be
presenting the Preliminary Budget to the Board on Friday and no action would be taken. Interim
City Manager McFall indicated that there would be time to put the FCFA Preliminary Budget on
the next regular City Council agenda for review and direction.
Mayor Hill stated that he, Council Member Harmon, and Chief Annibali attended the Men’s Club
Comedy Show recently and expressed appreciation for the large amount of work the Men’s Club
does in Arroyo Grande. He also announced that the Amgen Tour would be going through Arroyo
Grande on May 13th and that there would be several road closures for the event.
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13. STAFF COMMUNICATIONS
None.
14. COMMUNITY COMMENTS AND SUGGESTIONS
None.
15. CLOSED SESSION:
At 11:15 p.m., City Attorney Whitham announced the City Council would adjourn to closed
session to consider the following item:
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
16. RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 12:01 p.m. City Attorney Whitham
reported that the Council directed the City Attorney to terminate the Agreement for Special
Legal Services with Nossaman, Guthner & Knox and the Oceano Community Services District.
The vote was unanimous.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 12:02 a.m.
______________________________
Jim Hill, Mayor
ATTEST:
________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
Item 8.d. - Page 6
ACTION MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY, MAY 26, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
SPECIAL MEETING 5:30 P.M.
1. CALL TO ORDER:
Mayor Hill called the Special City Council Meeting to order at 5:30 p.m.
2. ROLL CALL:
Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tem Kristen Barneich,
and Mayor Jim Hill were present.
Interim City Manager Bob McFall, Deputy City Attorney Heather Whitham, and City Clerk Kelly
Wetmore were also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT:
None.
5. CITY COUNCIL 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
Deputy City Attorney Whitham announced that the Council would adjourn to closed session to
consider Santa Maria Valley Water Conservation District v. City of Santa Maria, et al. and
related actions, Santa Clara Superior Court, Case No. CV 770214.
6. RECONVENE:
Mayor Hill reconvened the meeting to open session at 6:00 p.m.
REGULAR MEETING 6:00 P.M.
1. CALL TO ORDER
Mayor Hill called the Regular City Council Meeting to order at 6:05 p.m.
2. ROLL CALL
City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro
Tem Kristen Barneich and Mayor Jim Hill were present.
City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham,
Director of Legislative and Information Services/City Clerk Kelly Wetmore,
Director of Administrative Services Debbie Malicoat, Director of
Community Development Teresa McClish, Director of Recreation
Services John Rogers, Chief of Police Steve Annibali, Public Works
Director Geoff English, Five Cities Fire Authority Chief Lieberman.
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3. MOMENT OF REFLECTION
4. FLAG SALUTE
Maureen Sharon, representing Arroyo Grande Valley Kiwanis, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
City Council Special Meeting of:
May 26, 2015
- 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
City Attorney Whitham announced that the Council met to discuss Santa Maria Valley Water
Conservation District v. City of Santa Maria, et al. and related issues and the Council voted 5-0
to retain the law firm of Somach, Simmons, and Dunn to provide water related legal services to
the City.
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. Honorary Proclamation Recognizing Palak Patel as a National Merit Scholar.
Mayor Hill presented an Honorary Proclamation recognizing Palak Patel as a National Merit
Scholar. Palak Patel accepted the Proclamation.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: April Dury, Arroyo Grande,
expressed concern with the fee being charged by the AGGB Chamber of Commerce for the
Breakfast with the Mayor and expressed interest in a public State of the City Address with no
fee; Patty Welsh, Arroyo Grande, commended the Fire Authority’s response to a house fire this
past weekend; Brad Snook, representing Surfrider Foundation, distributed their first quarterly
newsletter and contact cards to the Council and announced an upcoming Oceans Friendly
presentation; Randy Ouimette, Arroyo Grande, provided an invocation; Randy Morton, Arroyo
Grande, acknowledged Mayor Hill for attending and speaking at the memorial service at the
Arroyo Grande Cemetery and the American Legion Post 136 for providing lunch after the
service; Kathy Tourdot, Inquired about the memorial plaques placed under the trees in City
parks.
8. CONSENT AGENDA
Mayor Hill referred to Item 8.d. (Lopez Water Supply Contract - Request for Consent to One-
Time Extension of Time for the Zone 3 Water Contractors to Request an Amendment to their
Item 8.d. - Page 8
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Tuesday, May 26, 2015
Water Delivery Schedules for the Prior Water Year) and clarified that for some of the Lopez
Contractors, it changes water that was being delivered as Lopez water to be delivered as State
water instead under the agreements that they have.
Mayor Hill invited public comment on the Consent Agenda. Speaking from the public were:
Paavo Ogren, General Manager OCSD, stated that Item 8.d seeks to reclassify source of water
and benefits State Water Contractors because of greater certainty on supplies available through
the drought and provides the ability to share the water if the drought persists; and Julie Tacker,
referred to Item 8.d. and expressed concern about disadvantages identified in the staff report as
it relates to groundwater pumping.
Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.d., with the recommended courses of action.
The motion passed on the following roll-call vote:
AYES: Brown, Guthrie, Harmon, Barneich, Hill
NOES: None
ABSENT: None
8.a. Consideration of Monthly Water Supply and Demand Update.
Action: Received and reviewed the monthly Water Supply and Demand Update report.
8.b. Consideration of Award of Contractor Services Agreement with Statewide Safety
and Signs Inc. for Traffic Control Services for the Paulding Wall Rehabilitation
Project.
Action: Approved and authorized the Mayor to execute a Contractor Services
Agreement with Statewide Safety and Signs Inc. for Traffic Control Services for the
Paulding Wall Rehabilitation Project.
8.c. Consideration of a Proposal from the Arroyo Grande Valley Kiwanis Club to Fund
the Installation of New Inclusive Play Equipment at Elm Street Park.
Action: 1) Approved the conceptual design plans for a proposal by the Arroyo Grande
Valley Kiwanis Club to privately fund the purchase and installation of new “inclusive” play
equipment at Elm Street Park; and 2) Approved an Object Donation Agreement between
the City of Arroyo Grande and the Arroyo Grande Valley Kiwanis Club for the donation
and installation of six (6) pieces of play equipment at Elm Street Park.
8.d. Lopez Water Supply Contract - Request for Consent to One-Time Extension of
Time for the Zone 3 Water Contractors to Request an Amendment to their Water
Delivery Schedules for the Prior Water Year.
Action: Approved and authorized the Mayor to sign the Consent to One-Time Extension
of Time under Article 9 Paragraph (C) of the Lopez Water Supply Contract to allow the
Zone 3 Water Contractors additional time to request an amendment to their water
delivery schedules for the prior water year.
9. PUBLIC HEARINGS
9.a. Consideration of Adoption of a Resolution Declaring a Stage 1 Water Shortage
Emergency and Adoption of an Urgency Ordinance to Amend AGMC Section
13.07.090 Relating to Penalties and Enforcement of Emergency Water Shortage
Restrictions and Regulations.
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Interim City Manager McFall provided introductory comments and Director of Public Works
English presented the staff report and recommended that the Council: 1) Adopt a Resolution
declaring a Stage 1 Water Shortage Emergency and implementing Emergency Water Shortage
Restrictions and Regulations in accordance with California Water Code Section 350 and Arroyo
Grande Municipal Code Section 13.07.030; 2) Adopt an Urgency Ordinance amending Section
13.07.090 of the Arroyo Grande Municipal Code relating to Penalties and Enforcement for
Violations of Emergency Water Shortage Restrictions and Regulations; 3) Approve the
expansion of the City’s Turf Removal Rebate program to include Commercial properties not
currently served by an irrigation meter; and 4) Appropriate $30,000 from the Water Fund for the
hiring of temporary employees and other costs associated with implementation of the water use
restrictions. Community Development Director McClish further explained the framework for
implementing the Urgency Water Ordinance.
Council questions ensued regarding clarification on the increase in staffing; how the proposed
penalties were determined; how effective penalties are in encouraging conservation; costs
associated with water conservation school; use of volunteers in the community to teach classes;
moratorium (when would that be a needed option); and a suggestion for implementing a ban on
new lawns.
Mayor Hill invited public comment. Speaking from the public were: Ann Silver, inquired where
the money from the fines go; Catherine Lorbecki, Arroyo Grande, stated she is having difficulty
staying under Tier 1 for a family of 4 for a two month period and encouraged staff to look at a
one month billing cycle; Dan Larson, stated his house was empty for 3 months prior to his
moving in, commented on costs going up for infrastructure; and said incentives should be given
to bank water savings; Collin Wigglesworth, Arroyo Grande, asked what the City’s position was
on gray water plumbing on new construction; Claire Clark, Arroyo Grande, encouraged a more
proactive approach to water conservation and suggested the hiring of a staff person to reach out
to the highest water users in the community, implement higher penalties, and consider staff
impacts; Patty Welsh, Arroyo Grande, spoke in opposition to banning grass; Brad Snook, Arroyo
Grande, spoke in opposition to banning turfs, and said the Cash for Grass program for
commercial is a great idea; Julie Tacker, stated her community is required to use less than 50
gallons per person per day and outdoor irrigation is prohibited, asked for results of the
conservation campaign, noted that conservation would save on expensive projects in the future;
Otis Page, Arroyo Grande, commended staff and suggested evaluating conservation results in 3
months, establish a date certain when Stage 1 ends, and consider transferring revenue received
from water to the General Fund; Patricia Price, Arroyo Grande, stated she would like the
moratorium explored further, supported gray water use, and expressed concerned with water
use in the agricultural fields. No further public comments were received.
Action: Council Member Brown moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A STAGE 1
WATER SHORTAGE EMERGENCY IN ACCORDANCE WITH CALIFORNIA WATER CODE
SECTION 350 AND ARROYO GRANDE MUNICIPAL CODE SECTION 13.07.030”, and
approve the expansion of the City’s Turf Removal Rebate program to include Commercial
properties not currently served by an irrigation meter. Council Member Guthrie seconded, and
the motion passed on the following roll-call vote:
AYES: Brown, Guthrie, Harmon, Barneich, Hill
NOES: None
ABSENT: None
Item 8.d. - Page 10
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Action: Council Member Guthrie moved to adopt an Ordinance entitled: “AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING
SECTION 13.07.090 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO
PENALTIES AND ENFORCEMENT FOR VIOLATIONS OF EMERGENCY WATER SHORTAGE
RESTRICTIONS AND REGULATIONS”. Mayor Pro Tem 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 appropriate $30,000 from the Water Fund for the
hiring of temporary employees and other costs associated with implementation of the water use
restrictions. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll-
call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 8:24 p.m. The Council reconvened at 8:36 p.m.
10. CONTINUED BUSINESS
10.a. Consideration for Long Term Operation of Elm Street Park Off-Leash Dog Park.
Director of Recreation Services Rogers presented the staff report and recommended that the
Council choose one of four options for the long term operation of the Elm Street Park Off-Leash
Dog Park. Staff responded to questions from Council.
Mayor Hill invited public comment. Jan Scott, Arroyo Grande, spoke on behalf of the Dog Park
volunteers and stated they are ready to move forward with forming an Association; and Anne
Silva, spoke in favor of the City creating a 501c non-profit in order to have Brown Act rules to
apply, have good governing documents, and any money raised should go there. No further
public comments were received.
Council comments ensued in support of Option 4 to designate an identified interested group to
take over Dog Park responsibilities.
Action: Council Member Guthrie moved to direct staff to work with the group that proposes to
form the Elm Street Dog Park Association through SLOPOST, and if necessary, come back with
an alternative 501c organization, and for the City to continue maintenance of the Dog Park for
up to six months. Mayor Pro Tem Barneich seconded, and the motion passed on the following
roll-call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
Item 8.d. - Page 11
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11. NEW BUSINESS
11.a. Consideration of Providing Input and/or Direction to the Five Cities Fire Authority
("FCFA") Representative Regarding the FCFA’s Preliminary Budget for FY
2015/16.
Interim City Manager McFall introduced the item and recommended that the Council review the
Five Cities Fire Authority preliminary budget and provide comments to the City’s appointed Five
Cities Fire Authority representative. Council Member Harmon, who serves as the City’s
representative on the FCFA Board, provided background information and expanded on
directives discussed by the FCFA Board at its May 15th meeting.
Council questions of staff ensued regarding the failure of the Benefit Assessment District
measure; clarification of the funding formula; status of the comprehensive Strategic Plan review;
reviewing and updating the JPA; rationale for an additional Battalion Chief; debt service funding
for replacement equipment; fire development impact fees; staffing; building inspections; and
emergency response to the dunes.
Mayor Hill invited public comment. Judith Bean, President and CEO of the AGGB Chamber of
Commerce, provided an overview of the results of a survey sent to the Chamber membership
regarding services provided by the FCFA; Otis Page, Arroyo Grande, requested the Council
examine the JPA and if it is to continue, then change the JPA, and suggested the City solicit a
bid for services from Cal Fire; Greg Moore, Arroyo Grande business owner, spoke in support of
FCFA’s request for additional funding; Michael Lo Presti, FCFA Reserve, spoke regarding
differences in pay, the retention and quality of personnel, and supported an increase in salary;
Joe Costello, Arroyo Grande, spoke in support of the FCFA and the proposal for a Battalion
Chief, pay increase for firefighters, and establishing an equipment reserve fund; Mary Lucy,
OCSD Director, spoke in support of the FCFA JPA; Todd Warnett, Arroyo Grande, Assistant
Chief of Operations at Diablo Canyon, spoke in support of Chief Lieberman, noted that
consolidation has achieved cost savings, that there is a need to fund and replace equipment,
supported the proposed battalion chief position and salary increase; John Shoals, Grover Beach
Mayor and FCFA Board Member, spoke in support of FCFA noting that efficiencies and savings
have been realized; Karen White, Halcyon resident and OCSD Board Vice Chair, spoke in
support of the FCFA; Glen Hoving, Arroyo Grande, spoke in support of FCFA; Beatrice
Spencer, Arroyo Grande, commented on a possible Brown Act violation with the FCFA Board;
Julie Tacker, stated she speaks for herself and expressed concern about claims that others are
speaking for her; expressed concern about the amount of money being requested by the FCFA;
commented on the expense and failure of the Benefit Assessment District measure which hurt
the FCFA, and stated if the formula had been applied then maybe that would have helped; and
expressed concern about the change in priority from what was before the voters last year which
was for improved dispatch services, improved apparatus and equipment replacement, and
increased fire fighting staffing; Tracy Corley, Arroyo Grande, spoke in support of the FCFA; and
Patrick Ferguson, FCFA Association President, spoke in support of the FCFA’s request for
funding. No further public comments were received.
Council comments ensued regarding the FCFA Preliminary Budget for FY 2015-16 with
concerns expressed about sustainability, that the reserve fund is too low, and long-term pension
liabilities.
Item 8.d. - Page 12
Minutes: City Council Regular Meeting Page 7
Tuesday, May 26, 2015
Interim City Manager McFall summarized that there was a majority consensus of the Council in
support of the FCFA’s Preliminary Budget to establish a fund for replacement of one fire engine,
to fund an additional Battalion Chief position, to increase the hourly rate for Reserve Fire
Fighters by $2.00, and to apply the specific cost allocation formula as defined in the Joint
Powers Agreement.
No formal action was taken.
At this time, Mayor Hill noted that pursuant to Council policy, the Council must vote unanimously
to continue the meeting. Council and staff discussion ensued regarding adjourning the meeting
to another day to finish the remaining items on the agenda.
Action: Council Member Guthrie moved to adjourn the regular meeting to May 28, 2015 at 6:30
p.m. Mayor Pro Tem Barneich seconded, and the motion passed unanimously by voice vote.
ADJOURNMENT
Mayor Hill adjourned the meeting at 11:21 p.m. to May 28, 2015 at 6:30 p.m. in the Council
Chambers located at 215 E. Branch Street.
______________________________
Jim Hill, Mayor
ATTEST:
________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
Item 8.d. - Page 13
ACTION MINUTES
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
THURSDAY, MAY 28, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
CALL TO ORDER:
Mayor Hill called the Special City Council Meeting to order at 6:30 p.m.
ROLL CALL:
City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro
Tem Kristen Barneich and Mayor Jim Hill were present.
City Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham,
Director of Legislative and Information Services/City Clerk Kelly Wetmore,
Director of Administrative Services Debbie Malicoat, Director of
Community Development Teresa McClish, Director of Recreation
Services John Rogers, Chief of Police Steve Annibali, Public Works
Director Geoff English, and Five Cities Fire Authority Chief Steve
Lieberman.
11. NEW BUSINESS
11.b. Consideration of Preliminary FY 2015-2016 and FY 2016-17 Budget: General Fund
Programs.
Interim City Manager McFall introduced the item and reviewed progress to date on the
Preliminary Budget; provided a summary of the FY 2015-17 budget; an overview of challenges
the City is facing; an overview of the budget proposals, including proposed staffing changes,
proposed new fees to address new or changing services; and an overview of proposed
economic development activities.
Administrative Services Director Malicoat presented the staff report and recommended that the
Council review and provide direction on the preliminary FY 2015-16 and FY 2016-17 budget for
the City’s General Fund programs and gave an overview of the General Fund Revenue
projections for FY 15-16; expenditure projections for FY 2015-16; General Fund Expenditures
by department for FY 2015-16; the General Fund 10-year forecast; overview of proposed
staffing changes; overview of unmet needs; and next steps in budget process.
Interim City Manager concluded the presentation by addressing the Critical Needs Action Plan
and the need to update it to reaffirm City goals and objectives.
Council questions ensued regarding the 5% sales tax increase projection; clarification regarding
the proposed $250,000 savings carryover vs. budget line item cuts of $126,000; clarification that
the Park position is offset by contract services, clarification of the proposed IT and GIS
positions; whether the full-time positions can be sustained; the increase for dispatch services for
Fire; animal impound services; the Volunteer Coordinator position and the advertising of special
interest classes; a suggestion for purchasing Ipads for Planning Commissioners in order to
reduce paper by implementing a paperless agenda; using revenues to cover anticipated
expenses; salary and benefit costs for full-time positions; and the proposed fees as it relates to
the upcoming fee study.
Item 8.d. - Page 14
Minutes: City Council Regular Meeting Page 2
Thursday, May 28, 2015
Mayor Hill called for a break at 8:22 p.m. The Council reconvened at 8:32 p.m.
Mayor Hill invited public comment. Patty Welsh, Arroyo Grande, expressed concern with the
Chamber survey presented to the Council regarding the FCFA, commented that Police Officers
make more money because they are always on the line and more likely to get sued, that to
compare the Fire and Police Departments is like comparing apples to oranges, supported both
agencies but does not see how the City can fund the FCFA increase in pay, commended the
Police Department for a job well done, would like to get a bid from CalFire, commented that
Arroyo Grande currently pays 45% to the JPA but what if Oceano cannot pay their portion next
year, commented on conditions of the Grover Beach and Oceano Fire buildings, and opposed
FCFA reserve pay increases; Beatrice Spencer, Arroyo Grande, questioned which building
FCFA is paying rent on and the cost; expressed concern why the percentages have never been
correctly applied and noted the additional expense since the formula is now being applied
correctly, that if Oceano has been overcharged and they request a refund then that needs to be
included in the budget, and expressed concern regarding the FCFA billing for Administration
time and if it accurately reflects the charges being billed; Otis Page, Arroyo Grande, commented
that he would like to see transfers from the water fund to the General Fund shown as revenue;
commented that as water conservation increases, costs will go up, stated that when it rains, no
date has been set to reduce costs, commented that the Council’s first obligation is to provide
adequate compensation for Fire and Police personnel as community security is important,
stated that a CalFire comparison would be to see how much better it could make the present
Fire Authority, and that statistics show that the FCFA responds 51% of the time to Arroyo
Grande and that should be Arroyo Grande’s allocation to the FCFA; Tracy Corley, Arroyo
Grande, spoke in support of the FCFA and that the top priority should be the emergency
response system and their needs; Patrick Irey, spoke in support of the FCFA and that reserve
wages should be more than minimum wage and supported a wage increase; Jeanette Searby,
Arroyo Grande, spoke in support of the FCFA and does not support seeking a bid from CalFire.
No further public comments were received.
Council comments and direction ensued in support of the Preliminary Budget for General Fund
programs as proposed, which includes various General Fund line item reductions of $126,000;
establishment of new GIS technology, animal impound, and Women’s Club Community Center
security and custodial fees; one full-time Information Services Technician; one full-time GIS
Technician; one full-time Parks Maintenance Worker; one full-time Water Systems Maintenance
Worker; one part-time Volunteer Coordinator; two reclassifications of Public Works Supervisors;
one reclassification of a Public Works Office Assistant; minor funding adjustments to provide for
GASB and technology licensing fees; and funding as requested by the Fire Cities Fire Authority
in their Preliminary Budget proposal for FY 2015-16.
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.
Item 8.d. - Page 15
Minutes: City Council Regular Meeting Page 3
Thursday, May 28, 2015
12. CITY COUNCIL REPORTS (cont’d):
(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)
(b) MAYOR PRO TEM 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:
Council Member Brown stated he and Council Member Harmon had attended memorial
services for Bruce Sutherland who was the Workers’ Compensation attorney for the City.
Mayor Hill stated he attended the Memorial Day celebration at Arroyo Grande Cemetery. He
reported that he also attended the Energy Academy at Arroyo Grande High School, which is a
partnership between the school and businesses, and he stated that PG&E made a donation to
the academy for a student energy project.
14. STAFF COMMUNICATIONS:
None.
15. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
16. ADJOURNMENT
Mayor Hill adjourned the meeting at 10:10 p.m.
Item 8.d. - Page 16
Minutes: City Council Regular Meeting Page 4
Thursday, May 28, 2015
______________________________
Jim Hill, Mayor
ATTEST:
________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
Item 8.d. - Page 17
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Item 8.d. - Page 18