CC 2016-12-13_09d Approval of Minutes ACTION MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL/SUCCESSOR AGENCY TO
THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY
TUESDAY, NOVEMBER 22, 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 5:15 p.m.
ROLL CALL
Council Members Tim Brown, Mayor Pro Tem Barbara Harmon and Mayor Jim Hill were
present. Council Members Barneich and Guthrie were absent. Interim City Manager Bob
McFall, City Attorney Heather Whitham, and Director of Legislative and Information
Services/City Clerk Kelly Wetmore were also present.
Council Member Guthrie arrived immediately after roll-call.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CLOSED SESSION
City Attorney Whitham announced the Successor Agency would recess to a closed session for
the following item:
Successor Agency:
a) Conference with Real Property Negotiator pursuant To Government Code Section
54956.8:
Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real
Agency Negotiators: Debbie Malicoat, Finance Officer; Marty Indvik, Lee &
Associates
Negotiating Parties: ELA Foods, Inc.
Under Negotiation: Price and terms of payment for sale of property
Council Member Barneich arrived to the meeting at 5:35 p.m.
RECONVENE TO OPEN SESSION
The Council reconvened to open session at 6:00 p.m. in conjunction with the Regular City
Council meeting, and announcements of reportable action, if any, were made under Item 5.
REGULAR MEETING
1. CALL TO ORDER
Mayor Hill called the Regular City Council Meeting to order at 6:01 p.m.
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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, and Utilities Manager Shane Taylor.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Junior Girl Scout Troop 41049 led the Flag Salute.
5. AGENDA REVIEW
Mayor Hill requested that Item 8, Interim City Manager Report, be moved up on the Agenda
before Item 7, Citizens’ Input, Comments, and Suggestions.
5.a. Closed Session Announcements.
Successor Agency:
a) Conference with Real Property Negotiator pursuant to Government Code Section
54956.8:
Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real
Agency Negotiators: Debbie Malicoat, Finance Officer; Marty Indvik, Lee &
Associates
Negotiating Parties: ELA Foods, Inc.
Under Negotiation: Price and terms of payment for sale of property
City Attorney Whitham announced that the Successor Agency unanimously accepted an offer and
approved a Purchase and Sale Agreement for the sale of property located on Faeh Avenue and El
Camino Real (APN 006-151-027) to ELA Foods, Inc. for $950,000, contingent on the approval of
the Oversight Board.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Council Member 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.
8. INTERIM CITY MANAGER REPORT:
Interim City Manager McFall announced that the Conference of the United Methodist Church
has entered into a contract with a perspective buyer to purchase the Methodist Camp property.
The prospective buyer intends to maintain the property’s open space and intends to preserve
and restore the tabernacle on site in conformance with the Secretary of Interior Standards for
Historic Structures. Previously, the City Council expressed their desire to have staff assist in
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locating a buyer and the City Attorney’s office worked with the Methodist Church to prepare an
agreement, but since a buyer had been found independent of the City, the item will not come
back to the Council for approval. Interim City Manager McFall noted that this is a private
property sale and the City has little influence over it except for any zone change or
requirements through the City planning process.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation, and she also invited the public to a movie night sponsored by the Pismo Beach/Five
Cities Rotary Club on Saturday, December 17, 2016 at 10:30 a.m.; Brad Snook, Surfrider
Foundation, spoke regarding indigenous people and sustainable energy, water issues in the
County, desalination issues in Cambria, and suggested that the agricultural industry could help
offset a portion of land to go to a constructed wetland; and Patty Welsh, urged the Council to
consider training for Commissioners.
9. CONSENT AGENDA
Mayor Pro Tem Harmon requested that Item 9.c. be pulled.
Mayor Hill requested that Item 9.i. be pulled, and announced that he would recuse himself from
voting on Item 9.j. due to ownership of real property near Grace Lane.
Mayor Hill invited public comment on the remaining consent agenda items. No public comments
were received.
Action: Council Member Barneich moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 9.a. through 9.h., with the exception of Items 9.c., 9.i., and 9.j.,
with the recommended courses of action. The motion passed on the following roll-call vote:
AYES: Barneich, Brown, Guthrie, Harmon, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period October 16, 2016
through November 15, 2016.
9.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
October 25, 2016, and the Special City Council Meeting of November 16, 2016, as
submitted.
9.d. Consideration of Appointment to the Arroyo Grande Tourism Business
Improvement District Advisory Board.
Action: Appointed David Kastner to the Arroyo Grande Tourism Business District
(AGTBID) Advisory Board.
9.e. Consideration of Consultant Services Agreement with Teri Black and Company,
LLC for City Manager Recruitment Services.
Action: 1) Approved and authorized the Mayor to execute a consultant services
agreement with Teri Black and Company, LLC, to provide recruitment services for the
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position of City Manager; and 2) Authorized funding in the amount of $29,500 from the
City Manager’s program account for these services.
9.f. Monthly Water Supply and Demand Update.
Action: Received and reviewed the monthly Water Supply and Demand Report.
9.g. Consideration of Acceptance of the Oak Park Boulevard/West Branch Street/US
101 Traffic Signal Upgrade Project, PW 2014-01.
Action: 1) Accepted the project improvements as constructed by Lee Wilson Electric
Company in accordance with the plans and specifications for the Oak Park
Boulevard/West Branch Street/US 101 Traffic Signal Upgrade Project; 2) Directed staff
to file a Notice of Completion; and 3) Authorized release of retention, thirty-five (35) days
after the Notice of Completion has been recorded, if no liens have been filed.
9.h. Consideration of Acceptance of the 2016 Concrete Repairs Project, PW 2016-09.
Action: 1) Accepted the project improvements as constructed by Brough Construction,
Inc. in accordance with the plans and specifications for the 2016 Concrete Repairs
Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of
retention, thirty-five (35) days after the Notice of Completion has been recorded, if no
liens have been filed.
ITEMS PULLED FROM THE CONSENT AGENDA
9.c. Consideration of a Resolution Reclassifying the Part-Time Building Permit
Technician to a Full-Time Position and Establishing a Salary Range for the
Position.
Recommended Action: Adopt a Resolution reclassifying the part-time Building Permit
Technician to a full-time position and establish a salary range for the position.
At the request of Mayor Pro Tem Harmon, staff responded to questions regarding benefits
provided by the City for the current part-time position, the salary range and benefits for the
proposed full-time position, and the estimated timeframe to fill the full-time position, if approved.
Action: Mayor Pro Tem Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECLASSIFYING THE PART-
TIME BUILDING PERMIT TECHNICIAN TO A FULL-TIME POSITION AND ESTABLISHING A
SALARY RANGE FOR THE POSITION”. Council Member Barneich seconded, and the motion
passed on the following roll-call vote:
AYES: Harmon, Barneich, Guthrie, Brown, Hill
NOES: None
ABSENT: None
9.i. Consideration of an Award of Contract to Insituform Technologies, LLC for
Construction of the El Camino Real Storm Drain Rehabilitation Project, PW 2016-
12.
Recommended Action: 1) Approve the construction specifications for the El Camino
Real Storm Drain Rehabilitation Project, PW 2016-12; 2) Find that the project is
categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(b); 3)
Direct the City Clerk to file a Notice of Exemption; 4) Award a contract for the El Camino
Real Storm Drain Rehabilitation Project to Insituform Technologies, LLC in amount of
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$57,750; 5) Authorize the Interim City Manager to approve change orders for 10% of
the contract amount, $5,775, for unanticipated costs during the construction phase of the
project; and 6) Reallocate $88,900 from other projects in the Local Sales Tax Fund to
cover the subject project expenses.
At the request of Mayor Hill, staff responded to questions regarding reallocation of projects
funded by the Local Sales Tax Fund as it relates to sidewalk improvements on E. Grand
Avenue, and staff noted that funds were budgeted this year for E. Grand Avenue sidewalk
improvements and Cal Trans has also made some improvements to the sidewalks on E. Grand
Avenue.
Action: Mayor Hill moved to: 1) Approve the construction specifications for the El Camino Real
Storm Drain Rehabilitation Project, PW 2016-12; 2) Find that the project is categorically exempt
from CEQA pursuant to CEQA Guidelines Section 15301(b); 3) Direct the City Clerk to file a
Notice of Exemption; 4) Award a contract for the El Camino Real Storm Drain Rehabilitation
Project to Insituform Technologies, LLC in amount of $57,750; 5) Authorize the Interim City
Manager to approve change orders for 10% of the contract amount, $5,775, for unanticipated
costs during the construction phase of the project; and 6) Reallocate $88,900 from other
projects in the Local Sales Tax Fund to cover the subject project expenses. Council Member
Barneich seconded, and the motion passed on the following roll-call vote:
AYES: Hill, Barneich, Guthrie, Brown, Harmon
NOES: None
ABSENT: None
9.j. Consideration of Award of Contract to Central Coast Earthscapes, Inc. for
Landscape Maintenance for Property Located within the Parkside Village and
Grace Lane Assessment Districts.
Recommended Action: 1) Award a contract to Central Coast Earthscapes, Inc. for
Landscape Maintenance of areas within the Parkside Village and Grace Lane
Assessment Districts; and 2) Authorize the Mayor to execute the contract.
Mayor Hill stepped down from the dais and left the room due to a conflict of interest relating to
his ownership of real property near Grace Lane.
Action: Council Member Brown moved to: 1) Award a contract to Central Coast Earthscapes,
Inc. for Landscape Maintenance of areas within the Parkside Village and Grace Lane
Assessment Districts; and 2) Authorize the Mayor to execute the contract. Council Member
Barneich seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Barneich, Guthrie, Harmon
NOES: None
ABSENT: Hill (recused)
Mayor Hill returned to the meeting and took his place at the dais.
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10. PUBLIC HEARINGS
10.a. Consideration of Preliminary Approval of Community Development Block Grant
(CDBG) Projects for Year 2017.
Community Development Director McClish presented the staff report and recommended that the
Council provide preliminary approval of proposed projects to be funded with the City’s allocation
of CDBG funds for the Year 2017.
Mayor Hill opened the public hearing. Hearing no comments, Mayor Hill closed the public
hearing.
Action: Mayor Pro Tem Harmon moved to provide preliminary approval of proposed projects to
be funded with the City’s allocation of CDBG funds for the Year 2017. Council Member Barneich
seconded, and the motion passed on the following roll-call vote:
AYES: Harmon, Barneich, Guthrie, Brown, Hill
NOES: None
ABSENT: None
10.b. Consideration of a Resolution to Amend the Stage 1 Water Shortage Emergency
Provisions to Implement Additional Restrictions Including the Prohibition of New
Water Connections when Specified Water Conditions are Determined to Exist.
Interim City Manager McFall provided introductory comments and Community Development
Director McClish and Utilities Manager Taylor presented the staff report and recommended that
the Council adopt a Resolution amending Exhibit A of Resolution 4659 relating to triggering
conditions that will implement additional restrictions during the declared Stage 1 Water Shortage
Emergency (Stage “1B”) in order to protect the health, safety and welfare of the citizens of the
City.
Mayor Hill opened the public hearing. Speaking from the public were: Tiffany Magallanes,
expressed concern regarding building restrictions for small projects and asked for clarification
regarding existing water meter connections; Josh Peterson, Grand and Courtland project, has
34 permits currently in process and asked questions related to current utilization, 1.5 offset and
purchase of water from other cities, and asked whether City facilities have been retrofitted; Brad
Snook, referred to the Urban Water Management Plan and asked why the City is not in a Stage
2 or 3 when the City only has 2 years of water left, expressed concerns regarding use of water,
opposed restrictions on car washing, and asked how much water escapes the system; Patty
Welsh, requested clarification on use of rain barrels and fines relating to designated irrigation
meters on commercial properties who do not cut back their use; Bob Kido, referred to
Attachment 2 and expressed concern regarding time and investment spent on these projects
and urged the Council to carefully consider their actions regarding this item; Dr. Shapiro, asked
about the current level of Lopez Lake; Steve Puglisi, expressed concern regarding the
moratorium and requested that planning applications that are deemed complete be allowed to
continue processing, and spoke about traffic reports for development projects; LeAnn Akins,
spoke regarding the level of Lopez Lake as noted on the slocountywater.org website and asked
questions regarding triggers, health and safety, and retrofit projects; Kirby Gordon, asked
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Council to consider how long it takes to get an application through the process and to exempt
those that have approved projects currently in the pipeline; Scott Pace, expressed concern
regarding the length of time for the planning and permitting process; Gary Axelson, expressed
concern with the projects that are being impacted by the proposed Resolution and urged the
Council to include those projects that are further along in the pipeline; Jack Hardy, expressed
concern with the proposed moratorium and that the City needs to work harder on finding other
water sources, expressed concern with the lack of housing supply, that Arroyo Grande is
difficult to work with to get projects approved, and the retrofit options do not address eradication
of the eucalyptus trees; Jeff Echols, Executive Director, Home Builders, noted the Council’s
adopted goals to improve financial sustainability/economic development and to increase water
security, and urged the Council to approach the building restrictions with caution, commented
that the move from a ratio of 1:1 to 1: 1.15 is onerous, commented on the in-lieu fee program,
and stated that project applications that are deemed complete should move forward; John
Mack, spoke regarding the level of Lopez Lake and water monitoring issues, that more
commercial development is needed, and that retrofitting needs to be equitable for both
residential and commercial uses; Russ Sheppel, spoke regarding his memory care facility
project and requested exemption from the proposed restrictions; Deborah Love, spoke about
the need to provide water for residents, commented that in-lieu fees do not save water,
opposed eradication of eucalyptus trees, favored water restrictions for commercial uses;
Patricia Price, stated the City is running out of water and encouraged the Council to stop
projects for now and to stop accepting applications; Tom Cook, commented he has a completed
application for a project with an existing meter and expressed concern that his project could be
at risk if building restrictions were imposed; and April Dury, stated the City should stop allowing
projects that are using the City’s limited resources and favored putting the building restrictions
in place.
Hearing no further comments, Mayor Hill closed the public hearing. Further Council and staff
discussion and clarification ensued in response to questions from the public.
Mayor Pro Tem Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING EXHIBIT A OF RESOLUTION
4659 RELATING TO TRIGGERING CONDITIONS THAT WILL IMPLEMENT ADDITIONAL
RESTRICTIONS DURING THE DECLARED STAGE 1 WATER SHORTAGE EMERGENCY
(“STAGE 1B”) WHEN SPECIFIED WATER CONDITIONS ARE DETERMINED TO EXIST, IN
ORDER TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE
CITY”, with the following modifications: Section E. Item 1.c., delete the language related to “in
conjunction with Lopez supply reductions of 20%”; then moving on Section E.2.a., omit the
statement which reads “washing of private vehicles shall be prohibited except at commercial car
wash facilities”; then as far as Section E.2.d., remove the language that says “any project that
does not have a building permit” and include the following language: “That there shall be no new
or additional water connections for any projects unless a building application has been accepted
for plan check, or a map has been finaled, or a planning permit approval entitlement has been
issued, or a planning application has been deemed complete, and then to include in the
exemption single lots and smaller projects of less than 4 residential units or less than 5000 sq.
ft. of commercial space where water demand will be less than or equal to the existing water
demand at the time of the certification that a triggering condition exists”, with no other changes
to Section d; then moving on to Section e., in the first sentence, which talks about the demand
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by a ratio of 1:1.5, add an exemption for the memory care facility and add a cash in-lieu of
program, as well, related to that offset. Council Member Barneich seconded the motion.
Discussion and clarification ensued that the memory care facility would already be considered
exempt from the water connection restriction by virtue of being not only deemed complete, but it
is an approved plan; and regarding the 1.5 offset as it relates to retrofits and in-lieu fees when
there are no feasible retrofit options.
Assistant City Attorney Hirsch stated that to the extent that we would be looking at creating an
in-lieu option that encompassed the entire 1.5, we would have to come back.
In response to a question by Council Member Barneich regarding historical use on a piece of
property, Community Development Director McClish suggested insertion of an exemption for
redevelopment projects that are creating no new demand. Mayor Pro Tem Harmon agreed to
include that in the motion.
City Attorney Whitham stated that if the property already has a water connection then the
prohibition on new water connections would not apply. Community Development Director
McClish clarified that there may be opportunities for redevelopment projects where they have
water, and they have a water meter, but they may need additional water meters, so that’s where
the circumstance would be applicable, where they have an existing demand that could be used
as a credit. She explained if the project is not deemed complete and is coming forward, you
would apply the 1: 1.15 ratio to the new demand, excepting the historical demand on the site.
Mayor Pro Tem Harmon agreed with the amendments as discussed and removed the reference
to the memory care facility.
Assistant City Attorney Hirsch acknowledged that Mayor Pro Tem Harmon read all three
conditions in her motion, but that the intent could be achieved to read: “There shall be no new or
additional water connections for any projects unless the planning application for the project has
been deemed complete at the time of certification where a triggering condition exists”. Mayor
Pro Tem Harmon concurred and amended her motion.
In response to a question by Mayor Hill, staff confirmed that if there was a catastrophic loss
where there is a new building permit, and there is an existing water connection, that it would be
exempted from the restriction.
In response to further clarification regarding the cash in-lieu of the full 1.5 ratio, Assistant City
Attorney Hirsch stated the Resolution includes language that smaller projects could pay an in-
lieu fee and that the Resolution should include language of the in-lieu fee for all projects and
that said fees shall be established by Resolution of the City Council. Mayor Pro Tem Harmon
agreed and amended her motion to include that language in the motion.
On the following roll call vote, the motion failed:
AYES: Harmon, Barneich
NOES: Guthrie, Brown, Hill
ABSENT: None
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Council Member Guthrie moved to approve the same motion, but using the planning entitlement
issued as the trigger. Assistant City Attorney Hirsch stated for clarification that the Resolution
would read: “That there shall be no new or additional water connections for any project that
does not have all required planning project approvals and entitlements at the time of a
certification that a triggering condition exists”.
The motion failed due to the lack of a second.
Council Member Guthrie moved to approve Mayor Pro Tem Harmon’s original motion using the
planning applications deemed complete as the trigger. Mayor Pro Tem Harmon seconded the
motion. Following brief comments, Council Member Guthrie withdrew his motion.
Action: Mayor Hill moved to approve Council Member Guthrie’s previous motion by using the
planning entitlement issued as the trigger. Council Member Guthrie seconded, and the motion
passed on the following roll-call vote:
AYES: Hill, Guthrie, Barneich
NOES: Brown, Harmon
ABSENT: None
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 Brown moved to continue the meeting until 11:15 p.m. The motion
passed unanimously by voice vote.
11. OLD BUSINESS
11.a. Consideration of Status of the Brisco Interchange Temporary Closure.
Community Development Director McClish presented the staff report and recommended that the
Council provide staff direction regarding the continued temporary closure of the Brisco
Interchange northbound ramps for an additional six-months. Staff and consultant Nate Stong,
Omni-Means, responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public were: Alicia Lara, regarding the
environmental document as it relates to public review, and asked for clarification of the process
when funding becomes available and where the funding for the project is coming from; LeAnn
Akins, commented on public review of the environmental document and noted that traffic was
impacted when the ramps were open, and expressed concern about traffic impacts when the
Food 4 Less store opens; April Dury, commented on traffic flow, doing a traffic study when Food
4 Less opens, favored Alternative 1 as the best project alternative, and favored keeping the
ramps closed; Mark Mankins, commented that it is hard to get accurate data while the grocery
store has been closed; and Patricia Price, expressed support for the continued closure of the
ramps.
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Mayor Hill moved to direct staff to continue the full closure until June 11, 2017 and to further
direct staff to adjust the signal timing to eliminate queuing and to move forward in issuing the
environmental document.
The motion failed due to the lack of a second.
Action: Council Member Barneich moved to re-open the on and off ramps. Council Member
Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Guthrie, Brown, Harmon
NOES: Hill
ABSENT: None
12. NEW BUSINESS
None.
Due to the late hour, the remaining items were not heard.
13. COUNCIL COMMUNICATIONS
14. COMMUNITY COMMENTS AND SUGGESTIONS
15. CLOSED SESSION
None.
ADJOURNMENT
Mayor Hill adjourned the meeting at 11:46 p.m.
_________________________
Jim Hill, Mayor
ATTEST:
_________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg _________)
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