Minutes 2017-04-25ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 25, 2017
COUNCIL CHAMBERS, 215 E. 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 Caren Ray, Barbara Harmon, Kristen Barneich, Mayor
Pro Tem Tim Brown 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, Public Works Director
Geoff English, Acting Police Chief Beau Pryor, and Associate Planner
Kelly Heffernon.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute.
5. AGENDA REVIEW
Mayor Hill announced a very inspiring success related to Arroyo Grande in that Jordan Hasay, a
long-time resident of Arroyo Grande, set a record in the Boston Marathon; congratulated and
wished Jordan continued success; referred to The Tribune article on her accomplishment; and
stated there would be a special commendation for her on the next Agenda.
5.a. Closed Session Announcements.
Regular City Council Meeting of April 11, 2017
a) Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8
Property: 250 Wesley Street, Arroyo Grande (APNs 007-011-021 and 007-
011-049)
Agency Negotiator: Teresa McClish, Community Development Director
Negotiating Party: Eric Knowles, Kidder Matthews
Under Negotiation: Price and Terms of Payment
City Attorney Whitham announced that the City Council met in closed session on April 11, 2017
and no reportable action was taken.
5.b. Ordinances Read in Title Only.
Council Member Barneich moved, Mayor Pro Tem Brown 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.
Minutes: City Council Meeting Page 2
Tuesday, April 25, 2017
6. SPECIAL PRESENTATIONS
6.a. Presentation by SLOCOG/Rideshare Regarding Bike Month, May 2017.
Peter Williamson, Employer Outreach Coordinator, gave a presentation about planned events
during Bike Month to encourage people to ride bikes and reduce the number of vehicles on the
roadways, including Bike to School Day on Wednesday, May 10th and Bike to Work Day on
Friday, May 19th.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation; Patty Welsh, who thanked Bob McFall for his work as Interim City Manager; and Gigi
Senna, who extended an invitation on behalf of the Filipino community to a concert by The
Mandaue City Children’s Choir at the Clark Center on Saturday, April 29, 2017 at 7:00 p.m., and
also thanked Interim City Manager McFall and Public Works Director English for their assistance
in addressing ADA accessibility issues in the City.
8. INTERIM CITY MANAGER REPORT:
Interim City Manager McFall announced that this was Public Works Director Geoff English’s last
Council meeting and acknowledged his service to the City. He also announced that Chris
Magdosku has started as the new Public Works Director and provided information on his career
background.
Director English addressed the Council and thanked the Council, Interim City Manager McFall,
and staff.
Mayor Hill and the Council acknowledged Director English’s outstanding service to the City,
expressed their well wishes and congratulations, and welcomed Chris Magdosku to the City.
Interim City Manager McFall stated that this was also his last meeting and that Jim Bergman
would be starting on Monday, May 1st and expressed his pleasure for the opportunity to be of
service to the City.
Mayor Hill and the Council expressed their appreciation and thanked Interim City Manager
McFall for his service to the City.
9. CONSENT AGENDA
Mayor Hill requested that Item 9.j. be pulled.
Mayor Hill invited public comment on the remaining consent agenda items. No public comments
were received.
Action: Council Member Harmon moved, and Council Member Barneich seconded the motion
to approve Consent Agenda Items 9.a. through 9.k., with the exception of Item 9.j., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Harmon, Barneich, Ray, Brown, Hill
NOES: None
ABSENT: None
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Tuesday, April 25, 2017
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 1, 2017
through April 15, 2017.
9.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing of investment deposits of the City of
Arroyo Grande, as of March 31, 2017, as required by Government Code Section
53646(b).
9.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of April 11, 2017,
as submitted.
9.d. Consideration of Cancellation of July 11, 2017 City Council Meeting.
Action: Cancelled the regularly scheduled Council meeting of July 11, 2017.
9.e. Consideration of Approval of Water Tank Lease Agreement and Memorandum
of Lease with Verizon Wireless.
Action: Approved and authorized the Mayor to execute a Water Tank Lease
Agreement and Memorandum of Lease between the City and AirTouch Cellular, dba
Verizon Wireless (“Verizon”) for use of approximately 680 square feet of property
located at 805 Stagecoach Road and space on the City’s water tank for use as a
wireless communication facility.
9.f. Consideration to Authorize an Award of Contract for Police Fleet Leasing
Program Including Vehicles, Financing and Declaring Existing Vehicles as
Surplus Property.
Action: 1) Awarded a bid for the purchase of nine police patrol vehicles to Mullahey
Ford of Arroyo Grande, CA; 2) Entered into a contract for lease financing with
California First Leasing Corporation of Irvine, CA; 3) Adopted a Resolution entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DECLARING VEHICLES AS SURPLUS AND AUTHORIZING THEIR SALE”; and 4)
Authorized the City Manager to execute all necessary documents.
9.g. Consideration of a Fifth Amendment to Agreement for Consultant Services
with Garing, Taylor & Associates for the Municipal Water Well No. 11
Treatment Plant Construction, Well Equipment and Pipeline Installation
Project, PW 2010-07.
Action: 1) Approved a Fifth Amendment to the Agreement for Consultant Services
with Garing, Taylor & Associates to revive and extend the duration of the Agreement
for the subject project; and 2) Authorized the Mayor to execute the Fifth Amendment.
9.h. Consideration of a Fourth Amendment to Agreement for Consultant Services
with Quincy Engineering, Inc. for the Bridge Street Bridge Project.
Action: 1) Approved a Fourth Amendment to the Agreement for Consultant Services
with Quincy Engineering, Inc. to include additional services at no increased cost for
the subject project; and 2) Authorized the Mayor to execute the Fourth Amendment.
9.i. Consideration of Temporary Use Permit 17-004; Authorization to Use City
Property for the Horseless Carriage Club of America Event on Thursday, May
24, 2017; Location – Heritage Square Park; Applicant – Arroyo Grande Village
Improvement Association.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT NO.
17-004; AUTHORIZING THE USE OF CITY PROPERTY AND CLOSURE OF CITY
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Tuesday, April 25, 2017
STREETS FOR THE HORSELESS CARRIAGE CLUB OF AMERICA EVENT ON
THURSDAY, MAY 4, 2017; APPLIED FOR BY THE ARROYO GRANDE VILLAGE
IMPROVEMENT ASSOCIATION”.
9.k. Consideration of Adoption of Resolutions Ordering the Preparation and Filing
of Annual Engineer’s Reports for the Parkside Village Assessment District,
Grace Lane Assessment District, and Landscaping and Lighting District No. 1,
within Tract 1769, for Fiscal Year 2017-2018.
Action: Adopt Resolutions entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ORDERING THE PREPARATION AND FILING OF
THE ANNUAL ENGINEER’S REPORT FOR THE PARKSIDE VILLAGE
ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018”; “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE
PREPARATION AND FILING OF THE ANNUAL ENGINEER’S REPORT FOR THE
GRACE LANE ASSESSMENT DISTRICT FOR FISCAL YEAR 2017-2018”; and “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
ORDERING THE PREPARATION AND FILING OF THE ANNUAL ENGINEERS
REPORT FOR THE ARROYO GRANDE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, FOR FISCAL YEAR 2017-
2018”.
ITEMS PULLED FROM THE CONSENT AGENDA
9.j. Consideration of Submission of a Letter of Support for the South San Luis
Obispo County Sanitation District’s Redundancy Project.
Recommended Action: Authorize the Mayor to sign a letter of support for the South
San Luis Obispo County Sanitation District’s Redundancy Project.
Mayor Hill spoke in support of the redundancy project; however, expressed concern regarding
the Coastal Commission’s recommendation for a 10 year temporary permit and requested that a
modification be made to the letter to request a 30 year permit because financing of a project of
this nature would typically take place over 30 years.
Mayor Hill invited public comment. Speaking from the public was Patricia Price, who expressed
concern about funding not being granted if the permit is only for 10 years. No further public
comments were received.
Action: Mayor Hill moved to authorize the Mayor to sign a letter of support for the South San
Luis Obispo County Sanitation District’s Redundancy Project, as amended, to endorse a 30
year project. Mayor Pro Tem Brown seconded, and the motion passed on the following roll-call
vote:
AYES: Hill, Brown, Ray, Harmon, Barneich
NOES: None
ABSENT: None
10. PUBLIC HEARINGS
10.a. Consideration of Development Code Amendment 15-001: An Ordinance to
Amend Regulations Regarding Small Cell Telecommunication Facilities and A
Minutes: City Council Meeting Page 5
Tuesday, April 25, 2017
Resolution Approving Amendments to the City’s Telecommunication Siting
and Submittal Requirements; Location – Citywide; Applicant – Verizon
Wireless.
Community Development Director McClish introduced the item and Associate Planner
Heffernon presented the staff report and recommended that the Council: 1) Introduce an
Ordinance amending Arroyo Grande Municipal Code Section 16.04.070(C), Table
16.36.030(A) and Table 16.44.040-A relating to small cell telecommunication facilities; and
2) Adopt a Resolution approving amendments to the City’s Telecommunication Facilities
Siting and Permit Submittal Requirements. Staff responded to questions from Council.
Mayor Hill opened the public hearing. Speaking from the public were Tricia Knight, representing
the applicant, in support of the proposal, and answered questions from Council about placement
and service coverage in the Village; and Patty Welsh, expressed concern about the size and
look of the antennas and the potential loss of parking spaces in the Village.
Action: Council Member Ray moved to introduce the Ordinance, as modified, to amend the
Table to allow a Minor Use Permit (MUP) for boxes or antennas that are deemed invisible by the
Community Development Director, prohibit placement in sidewalks, and leave designation of
Historic Resources Committee (HRC) review in the Ordinance as proposed. Mayor Pro Tem
Brown seconded the motion. City Attorney Whitham read the full title of the proposed Ordinance
as follows: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
AMENDING SECTION 16.04.070(C), TABLE 16.36.030(A) AND TABLE 16.44.040-A OF THE
ARROYO GRANDE MUNICIPAL CODE RELATING TO SMALL CELL
TELECOMMUNICATION FACILITIES ”.
Director McClish clarified that the sidewalk provision is located in the Telecommunications
Facilities Guidelines, which is in the Resolution, not the Ordinance.
The motion passed on the following roll-call vote:
AYES: Ray, Brown, Harmon, Barneich, Hill
NOES: None
ABSENT: None
Action: Council Member Ray moved to adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDMENTS TO THE
CITY’S TELECOMMUNICATION FACILITIES SITING AND PERMIT SUBMITTAL
REQUIREMENTS”, as modified, to include a regulation that ground-mounted equipment is not
allowed within sidewalks. Council Member Barneich seconded, and the motion passed on the
following roll-call vote:
AYES: Ray, Barneich, Harmon, Brown, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 7:38 p.m. The Council reconvened at 7:46 p.m.
Minutes: City Council Meeting Page 6
Tuesday, April 25, 2017
11. OLD BUSINESS
11.a. Consideration of Adoption of a Resolution Rescinding the Declaration of a
Stage 1 Water Shortage Emergency.
Interim City Manager McFall introduced the item and Public Works Director English
presented the staff report and recommended that the Council adopt a Resolution rescinding
the declaration of the Stage 1 Water Shortage Emergency and related water conservation
measures and restrictions.
Mayor Hill opened the public hearing. Speaking from the public were: Patty Welsh, in support of
rescinding the Stage 1 Water Shortage Emergency and commented that residents will continue
to conserve water; Jim Guthrie, stated that water conservation is what helped to end the drought
and raise water levels, commented on the safe yield for Lopez, and stated that the Council
should reduce the fines to help everyone stay focused on conservation; and Patricia Price, in
support of lowering the fines and keeping the restrictions in place.
Action: Council Member Ray moved to rescind the Stage 1 Water Shortage Emergency and
rely on the City’s permanent mandatory water use restrictions to meet the new requirements by
adoption of a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE RESCINDING THE DECLARATION OF A STAGE 1 WATER SHORTAGE
EMERGENCY AND RELATED WATER CONSERVATION MEASURES AND
RESTRICTIONS” , and further, to add a mailer that goes out separate from a notice in the water
bill to every ratepayer so that it is clear what lifting of the restrictions means and does not mean;
to request an annual look back; and to direct staff to bring back at a future date the possible
revision of Chapter13.05 of the Municipal Code.
Council Member Barneich requested that the mailer include information on which water
conservation programs are still available. Council Member Ray agreed to include that in the
motion. Mayor Pro Tem Brown seconded, and the motion passed on the following roll-call vote:
AYES: Ray, Brown, Harmon, Barneich, Hill
NOES: None
ABSENT: None
12. NEW BUSINESS
None.
13. 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) Other: Attended SLOCOG/RTA meeting (Alternate)
Minutes: City Council Meeting Page 7
Tuesday, April 25, 2017
(b) MAYOR PRO TEM BROWN:
(1) San Luis Obispo Council of Governments/Regional Transit Authority
(SLOCOG/RTA)
(2) Integrated Waste Management Authority Board (IWMA)
(3) South County Transit (SCT)
(4) Brisco/Halcyon Interchange Subcommittee
(5) Other: Zone 3 Water Advisory Board (Alternate)
(c) COUNCIL MEMBER BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(3) Other
(d) COUNCIL MEMBER HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(4) Other
(e) COUNCIL MEMBER RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Economic Vitality Corporation (EVC)
(3) Tourism Committee
(4) Other
14. COUNCIL COMMUNICATIONS
Council Member Barneich announced that tickets are available for the Fiesta at Finn’s
fundraiser on May 2nd to benefit the Five Cities Homeless Coalition; commented that recently a
friend was involved in a serious car accident in the Village and praised Arroyo Grande Police
and Five Cities Fire Authority emergency personnel for their assistance; reported that a
barbeque was recently held for the warming center volunteers and provided statistics on the
number of hours and shifts worked during the 69 nights the Center was open from November
through March, and announced there is a search for a new warming center location for next
year.
Council Member Ray requested that Interim City Manager McFall provide an update on
comments made from public comment at the previous Council meeting regarding the medical
marijuana mobile delivery permit process.
Interim City Manager McFall provided an update on staff’s follow up with the concerns
expressed by Elite Care regarding the medical marijuana mobile delivery permit process. He
noted a more detailed update would be provided to the Council by Acting Police Chief Pryor.
Council Member Ray acknowledged the response by all parties to resolve the issues.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Patty Welsh stated she had missed the last meeting and that she was sorry to have missed
Devon Ward and that she looked forward to medicine being available via mobile deliveries.
Minutes: City Council Meeting Page 8
Tuesday, April 25, 2017
16. CLOSED SESSION
At 9:56 p.m., City Attorney Heather Whitham announced the City Council would adjourn to
closed session to consider the following items:
a) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Designated Representatives: Debbie Malicoat, Administrative Services
Director; Karen Sisko, Human Resources Manager
Employee Organization: Arroyo Grande Police Officers' Association (AGPOA)
b) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Designated Representatives: Debbie Malicoat, Administrative Services
Director; Karen Sisko, Human.Resources Manager
Employee Organization: Service Employees International Union, Local 620
c) CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to
Government Code Section 54956.9(d)(1):
Name of Case: Appeal of CaIPERS determination dated January 26, 2017,
(CaIPERS ID: 4633639204)
Adjourned to closed session.
16. RECONVENE TO OPEN SESSION:
At 11:40 p.m., the Council reconvened to open session. City Attorney Whitham announced that
there was no reportable action.
ADJOURNMENT
Mayor Hill adjourned the meeting at 11:41 p.m.
J. Hill,
Mayor
ATTEST:
Lit
(kW CGi
Kelly Wetmore, City Clerk
(Approved at CC Mtg 5-`f' 0 1 / )