CC 2016-10-25_09c Approval of MinutesACTION MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY, OCTOBER 11, 2016
SOUTH COUNTY REGIONAL CENTER, 800 W. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
SPECIAL MEETING 5:00 P.M.
CALL TO ORDER
Mayor Hill called the Special City Council Meeting to order at 5:04 p.m.
ROLL CALL
Council Members Jim Guthrie, Tim Brown, Kristen Barneich, Mayor Pro Tem Barbara Harmon
and Mayor Jim Hill were present. Interim City Manager Bob McFall, City Attorney Heather
Whitham, and Director of Legislative and Information Services/City Clerk Kelly Wetmore were
also present.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CLOSED SESSION
City Attorney Whitham announced the Council would recess to a closed session for the
following items:
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
b) CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to
Paragraph (1) of Subdivision (d) of Section 54956.9:
Name of Case: Pacific Gas and Electric Company Application 16-08-006 for Approval
of the Retirement of Diablo Canyon Power Plant, Implementation of the Joint Proposal,
and Recovery of Associated Costs Through Proposed Ratemaking Mechanisms
before the California Public Utilities Commission- Protest of the City of San Luis
Obispo, City of Pismo Beach, City of Paso Robles, City of Arroyo Grande, City of
Morro Bay, and City of Atascadero
RECONVENE TO OPEN SESSION
The Council reconvened to open session at 6:01 p.m. City Attorney Whitham announced that
with regard to the first closed session item, the City Council provided direction to its legal
counsel regarding its strategy on the Santa Maria Valley Water Conservation District v. City of
Santa Maria litigation. City Attorney Whitham stated that with regard to the second closed
session item, the Council did not have time to discuss that item and would recess the Special
Meeting until the end of the Regular Meeting and then reconvene at that time to consider the
remaining item.
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REGULAR MEETING
1. CALL TO ORDER
Mayor Hill called the Regular City Council Meeting to order at 6:02 p.m.
2. ROLL CALL
City Council: Council Members Jim Guthrie, Tim Brown, Kristen Barneich, Mayor Pro
Tem Barbara Harmon and Mayor Jim Hill were present.
Staff Present: Interim City Manager Bob McFall, City Attorney Heather Whitham,
Director of Legislative and Information Services/City Clerk Kelly Wetmore,
Community Development Director Teresa McClish, Planning Manager
Matt Downing, Public Works Director Geoff English, Utilities Manager
Shane Taylor; Five Cities Fire Authority Fire Chief Steve Lieberman,
Police Chief Steven Annibali, and Building Inspector Johnathan Hurst.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Junior Girl Scout Troop 41049 led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
City Attorney Whitham noted that a report from the earlier closed session meeting had already
been announced.
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. Presentation by the Arroyo Grande Cemetery District.
Terry Fibich, Arroyo Grande Cemetery District Board Member, gave a presentation about the
Arroyo Grande Cemetery District, including information about its formation as a Special District;
district boundaries; size; how the District is funded; its annual budget; how the District is
managed and staffed; noted that the Cemetery is under the jurisdiction of the County of San
Luis Obispo and is outside the purview of the City; reviewed the District’s total assets and major
expenditures; reviewed annual water costs from Fiscal Year 2011/12 to Fiscal Year 2016/17
and the District’s substantial water conservation efforts and results; and acknowledged that the
District is working to address concerns expressed by members of the community regarding the
appearance of the grounds within the Cemetery. Lynn Compton, 4th District Supervisor of the
County of San Luis Obispo, spoke about Cemetery Districts and how they’re funded; reiterated
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Mr. Fibich’s comments regarding the Arroyo Grande Cemetery and responded to questions from
Council regarding alternative landscaping ideas.
Mayor Hill invited public comment. Speaking from the public were Jim Ostavani, veteran, who
expressed concern about the condition of the Cemetery and suggested the Cemetery be turned
over to the City to be maintained by the City in a manner similar to the City’s maintenance of its
parks; and Miriam Moustraits, who stated she is a patron of the Cemetery whose son is buried
there, expressed concern that the Cemetery is in shambles and that there are ongoing thefts,
and suggested a video surveillance system be installed that is not that expensive.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who provided an
Invocation; and Anne Sawyer, who expressed concern about water allotments and potential
fines due to her retirement and also expressed concern that new commercial developments are
being approved and water allotments should be distributed equally.
8. INTERIM CITY MANAGER REPORT:
Interim City Manager McFall provided an update on the educational efforts for Measure E-16,
and announced that the Annual Street Repairs Project will be commencing soon.
9. CONSENT AGENDA
Mayor Hill invited public comment on the consent agenda. No public comments were received.
Action: Council Member Barneich moved, and Council Member Harmon seconded the motion
to approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action.
The motion passed on the following roll-call vote:
AYES: Barneich, Harmon, Guthrie, Brown, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period September 16, 2016
through September 30, 2016.
9.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency Meeting of September 27, 2016, as
submitted.
9.c. Consideration of a Resolution Adopting Two Updated Job Descriptions and
Reclassifying a Part-time Position.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ADOPTING UPDATED JOB DESCRIPTIONS FOR
THE CITY ENGINEER AND SENIOR OFFICE ASSISTANT POSITIONS AND
RECLASSIFYING THE PART-TIME OFFICE ASSISTANT II POSITION TO SENIOR
OFFICE ASSISTANT”.
9.d. Consideration of Approval of Purchase and Sale Agreements for Le Point Street
Properties.
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Action: Approved and authorized the Mayor to execute the Purchase and Sale
Agreements for the Le Point Street parking lot properties located at 132 and 202 Le
Point Street.
9.e. Consideration to Declare an Existing Command Trailer as Surplus Property /
Authorize Transfer to the City of San Luis Obispo and Accept a Homeland
Security Funded Command Trailer from the San Luis Obispo County Sheriff’s
Department.
Action: 1) Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE DECLARING AN EXISTING COMMAND
TRAILER AS SURPLUS PROPERTY AND AUTHORIZING ITS TRANSFER TO THE
CITY OF SAN LUIS OBISPO”; and 2) Accepted a Homeland Security funded command
trailer as a replacement from the San Luis Obispo County Sheriff’s Department.
9.f. Consideration of an Award of Contract to Victor Concrete Inc. for Construction of
the Mid-Block Crosswalk Barrier Removal Project, PW 2015-03.
Action: 1) Awarded a contract for the Mid-Block Crosswalk Barrier Removal Project to
Victor Concrete Inc. in the amount of $43,482.00; 2) Authorized the Interim City Manager
to approve change orders for up to 10% of the contract amount, $4,348.20, for
unanticipated costs during the construction phase of the project; 3) Transferred $3,025
from the Sales Tax Fund, Various Striping and Sidewalks Improvements, into the project
budget; and 4) Directed the City Clerk to file a Notice of Exemption.
9.g. Consideration of Temporary Use Permit Case No. 16-019; Authorizing the Closure
of City Streets for the Annual Arroyo Grande Village Christmas Parade, November
27, 2016; Applicant – Doc Burstein’s Ice Cream Lab and the Arroyo Grande Grover
Beach Chamber of Commerce; Representative – Cat Keith.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO. 16-
019 AND AUTHORIZING THE CLOSURE OF CITY STREETS FOR THE ANNUAL
ARROYO GRANDE VILLAGE CHRISTMAS PARADE, NOVEMBER 27, 2016”.
9.h. Consideration of Temporary Use Permit Case No. 16-021; Authorizing “Halloween
in the Village” on Monday, October 31, 2016 and Directing Staff to Implement
Related Safety Measures Including No Parking Zones, Street Closures, and
Warning Devices.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE
NO. 16-021 AUTHORIZING “HALLOWEEN IN THE VILLAGE” ON MONDAY,
OCTOBER 31, 2016 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY
MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES”.
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
11.a. Consideration of Approval of Agreement with the California-Pacific Annual
Conference of the United Methodist Church Regarding the Methodist Campground
and Tabernacle.
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Mayor Hill noted the request by the California-Pacific Annual Conference of the United Church
for a continuance of this item. City Attorney Whitham noted the supplemental information
provided to Council.
Mayor Hill invited public comment. Speaking from the public were Bill Hart, regarding the
Tabernacle and a group that is seeking non-profit status so it can fundraise, that there is a need
to have the City as a partner, and requested the Council consider placing the item on a future
agenda for discussion; Virginia Roof, spoke in support of preserving the campground; and Joel
Shennum, spoke about the campground and that the land was donated for that purpose.
Action: Council Member Guthrie moved to table the item. Council Member Brown seconded,
and the motion passed unanimously by voice vote.
12. NEW BUSINESS
12.a. Consideration of a Proposed Ordinance Amending Portions of Title 8 (Fire Code)
and Title 15 (Building and Construction Codes) of the Arroyo Grande Municipal
Code.
Building Official Hurst presented the staff report and recommended the Council introduce an
Ordinance amending portions of the Arroyo Grande Municipal Code Chapter 8.04 related to the
adoption of the California Fire Code and the International Fire Code; and amending portions of
Chapter 15.04 related to the adoption of California Building Code, California Residential Code,
California electrical Code, California Mechanical Code, California Plumbing Code, California
Green Building Code, California Existing Building Code, California Energy Code, California
Historical Building Code and the International Property Maintenance Code; and schedule a
public hearing for October 25, 2016, in accordance with the requirements of Government Code
Section 50022.3, to consider adoption of the Ordinance.
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Guthrie moved to introduce an Ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF
ARROYO GRANDE MUNICIPAL CODE CHAPTER 8.04 RELATED TO THE ADOPTION OF
THE CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE; AND AMENDING
PORTIONS OF CHAPTER 15.04 RELATED TO THE ADOPTION OF THE CALIFORNIA
BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA ELECTRICAL CODE,
CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA GREEN
BUILDING CODE, CALIFORNIA EXISTING BUILDING CODE, CALIFORNIA ENERGY
CODE, CALIFORNIA HISTORICAL BUILDING CODE AND THE INTERNATIONAL
PROPERTY MAINTENANCE CODE”; and to schedule a public hearing for October 25, 2016,
in accordance with the requirements of Government Code Section 50022.3, to consider
adoption of the Ordinance. Council Member Barneich seconded, and the motion passed on the
following roll call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
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Mayor Hill called for a break at 7:25 p.m. The Council reconvened at 7:37 p.m.
12.b. Consideration of Additional Water Restriction Measures and Options for Water
Conservation Programs.
Interim City Manager McFall provided introductory comments. Recommendations included: 1)
Receive and file the updated water supply and demand report; 2) Approve triggers and
additional water use restrictions for the next step of Stage 1 water emergency restrictions and
direct staff to bring back an implementing Resolution; 3) Direct staff to bring back a draft
Resolution revising the Stage 1 water emergency restrictions to increase mandatory
conservation for dedicated irrigation meters from 25% to 50%; and 4) Approve a revised funding
plan for water conservation programming and appropriate an additional $8,450 from the Water
Neutralization Fund, as proposed.
Public Works Director English presented Section 1 of the staff report which entailed an
expanded water demand and supply report. Utilities Manager Taylor reviewed current and
projected water supply. Staff responded to questions from Council.
Community Development Director McClish provided an overview of Section 2 of the staff report
regarding potential mandatory water use restrictions and reviewed recommended modified
triggers. Staff responded to questions from Council.
Public Works Director English provided an overview of Section 3 of the staff report regarding
water conservation measures for dedicated irrigation meters. Staff responded to questions from
Council.
Public Works Director English provided an overview of Section 4 regarding water conservation
incentive program options and provided an overview of Water Fund accounts. Staff responded
to questions from Council.
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, expressed
concern about dedicated irrigation meters for commercial and that commercial water rates are
not on a tiered system, stated she would like to see more conservation and greywater systems;
and Deborah Love, expressed concern that residents are being asked to conserve while
development continues, and was concerned that the East Cherry project was approved by the
Planning Commission when it seems that there is not sufficient water. No further public
comments were received.
At 11:00 p.m., Mayor Hill noted that pursuant to Council policy, the Council must vote
unanimously to continue the meeting.
Action: Council Member Guthrie moved to continue the meeting until 11:30 p.m. Mayor Hill
seconded, and the motion passed unanimously by voice vote.
Action: Council Member Guthrie moved to: Approve the three modified triggers for additional
water use restrictions, as follows: 1) Interruption to local water deliveries, water delivery system
or State mandated reductions; 2) Lopez Reservoir level at or below 10,000 acre feet; and 3) Six
quarterly continuous monitoring events of Sentry well water level readings in the Santa Maria
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Water Groundwater Basin below the deep well index trigger level of 7.5 feet in conjunction with
Lopez supply reduction of 20% or indications of sea water intrusion are detected, and approve a
Lopez Reservoir level of 15,000 acre feet to exit the additional water use restrictions; Approve
the additional Stage 1 restriction recommendations, including: 1) a building moratorium that
would apply to projects that did not have an approved vested tract map or projects that have not
received a building permit, in the form of a restriction on new water connections; that there be a
prohibition on private vehicle washing; to further reduce overall irrigation of City-owned non-
sports field turf areas to 25% of the 2015 use; and to increase the mandatory water use
reductions for residential water customers by 5% for each of the three water rate tiers; Approve
an increase in the mandatory water conservation requirement for dedicated irrigation meters to
50%; and approve the revised funding plan, as proposed, for water conservation programming
and appropriate an additional $8,450 from the Water Neutralization Fund. Council Member
Barneich seconded the motion.
Brief Council discussion ensued regarding the motion, and as a result, Council Member Guthrie
added to the motion to include a 150% water neutralization off-set program when the City is in a
moratorium period; and that an additional $4,000 be appropriated from the Water Neutralization
Fund to be applied to the Water Efficient Commercial Dishwasher Rebate Program. Council
Member Barneich seconded the motion, as amended. Council Member Brown and Mayor Hill
stated that their only concern was that the moratorium would not be effective immediately. City
Attorney Whitham clarified that the actions set forth in the motion would be formulated into a
Resolution that would come back at a future meeting and would not be implemented or in place
until the Resolution is approved. The motion passed on the following roll call vote:
AYES: Council Member Guthrie, Barneich, Harmon
NOES: Council Member Brown, Mayor Hill
ABSENT: None
Council Member Barneich requested the Council direct staff to investigate and bring back
options for possible no new turf and mandatory greywater systems for new construction, and
potential funding sources for the Cash for Grass, greywater system, and commercial
dishwasher retrofit rebate programs. The Council concurred and stated that there were a
number of additional water conservation programs that should be reviewed and considered if
additional funding from the Water Availability or Water Neutralization Funds were available.
13. COUNCIL COMMUNICATIONS
The Council tabled Council communications due to the late hour.
14. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Hill invited public comment. No public comments were received.
15. CLOSED SESSION
None.
16. ADJOURNMENT OF REGULAR MEETING
Mayor Hill adjourned the Regular Meeting at 11:24 p.m.
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RECONVENE TO SPECIAL MEETING
At 11:25 p.m., the City Council reconvened to the Special Meeting. City Attorney Whitham
stated that due to the late hour, the Council would not go into closed session.
ADJOURNMENT
Mayor Hill adjourned the Special Meeting at 11:26 p.m.
_________________________
Jim Hill, Mayor
ATTEST:
_________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg _________)
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