CC 2017-10-10_09b Approval of MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 12, 2017
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the 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 Brown, and Mayor Jim Hill were present.
Staff Present: City Manager Jim Bergman, 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 Public Works Bill Robeson,
Interim Director of Recreation Services Sheridan Bohlken, and Police
Chief Beau Pryor.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Cub Scout Pack 13, Den 3, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Regular City Council Meeting of August 22, 2017:
a) Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Designated Representative: Debbie Malicoat, Administrative Services
Director
Represented Employees: Service Employees International Union, Local 620
City Attorney Whitham announced that the City Council met in closed session at a Regular
Meeting on August 22, 2017 to discuss the above item and that there was no reportable action.
5.b. Ordinances Read in Title Only.
Mayor Pro Tem 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
6.a. Honorary Proclamation Celebrating the 80th Anniversary of the Woman’s Club
of Arroyo Grande.
Item 9.b. - Page 1
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Tuesday, September 12, 2017
Mayor Hill presented an Honorary Proclamation celebrating the 80th Anniversary of the
Woman’s Club of Arroyo Grande. Debra Audet, President, accepted the proclamation.
7. COMMUNITY COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Resident (did not state
name), Faeh Avenue, submitted photos of her neighborhood and expressed concerns about not
being notified of the proposed Popeye’s drive-thru restaurant directly across the street from her
home and requested future notification of any meetings to be held on the project; Brad Snook,
spoke about the NCMA and its advisory groups and requested that the Council place on the
agenda an item to request that the technical groups keep minutes of their meetings to be
distributed amongst all the groups; Val Delaney, thanked the Fire Department for its response to
a fire at Sunrise Terrace Mobile Home Park and acknowledged that the use of the ladder truck
was very beneficial, commented on the Popeye’s drive-thru restaurant as it relates to sales tax,
referred to the traffic study for the project and expressed concerns about the existing traffic
service levels; Matthew Guerrero, provided information on an upcoming Fair Political Practices
Commission training seminar to be held next Thursday at the Madonna Inn, and also
acknowledged the 16th anniversary of 9-11; Shirley Gibson, expressed concern with the color
scheme of the proposed Popeye’s restaurant; Julie Tacker, referred to the South San Luis
Obispo County Sanitation District and stated that Arroyo Grande is a 45% shareholder and that
it is time that the communities consider either to divest and dissolve and give it over to the
County, have a five member board, or take away the community aspect and make it a District
with an elected Board, and also expressed concern about water waste and delay in the recycled
water project; Coleen Kubel, agreed that a three member board is not working for the Sanitation
District and commented that the Architectural Review Committee recommended several
changes to the proposed Popeye’s restaurant that addressed the concerns expressed by the
community; and Otis Page, congratulated Council Members Ray and Barneich on their election
and Mayor Hill for his re-election to the Council, congratulated the Council for hiring Mr.
Bergman, and commended Mayor Hill for his service as Mayor. No further comments were
received.
Following community comment, Council Member Ray requested, and the Council concurred,
that all public noticing related to the proposed Popeye’s restaurant be expanded beyond the
legal requirements to include all of the surrounding neighborhood property owners and tenants.
8. CITY MANAGER REPORT:
City Manager Bergman introduced Public Works Director Bill Robeson and Interim Recreation
Services Director Sheridan Bohlken and provided information on their educational and
professional backgrounds.
9. CONSENT AGENDA
Mayor Hill invited public comment on the consent agenda. No public comments were received.
Council Member Harmon requested Item 9.b. be pulled for a separate vote as she was absent
for the August 22nd meeting.
Action: Council Member Barneich moved, and Mayor Pro Tem Brown seconded the motion to
approve Consent Agenda Items 9.a. through 9.j., with the exception of Item 9.b., with the
recommended courses of action. The motion passed on the following roll-call vote:
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Tuesday, September 12, 2017
AYES: Barneich, Brown, Ray, Harmon, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period August 16, 2017
through August 31, 2017.
9.c. Consideration of Resolution Declaring Surplus Property.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING CERTAIN PROPERTY AS SURPLUS
AND AUTHORIZING ITS DISPOSAL/SALE”.
9.d. Consideration of Approval of an Exclusive Vendor Police Tow Service Agreement.
Action: Approved and authorized the City Manager to execute a two-year exclusive
vendor police tow service agreement with College Towing South of Grover Beach for
light-duty towing.
9.e. Consideration of Acceptance of the Manhole Rehabilitation Project, PW 2017-03.
Action: 1) Accepted the project improvements as constructed by SoCal Pacific
Construction Corporation in accordance with the plans and specifications for the
Manhole Rehabilitation Project, PW 2017-03; 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.f. Consideration of an Award of Contract to Souza Construction Inc. for
Construction of the 2017 Street Repairs Project, PW 2017-04.
Action: 1) Awarded a contract for the 2017 Street Repairs Project to Souza
Construction Inc. in the amount of $531,316; and 2) Authorized the City Manager to
approve change orders for 10% of the contract amount, $53,132 for unanticipated costs
during the construction phase of the project.
9.g. Consideration of an Award of Contract to American Asphalt South Inc. for
Construction of the 2017 Street Resurfacing Project, PW 2017-05.
Action: 1) Awarded a contract for the 2017 Street Resurfacing Project to American
Asphalt South Inc. in the amount of $171,524.71; and 2) Authorized the City Manager to
approve change orders for 10% of the contract amount, $17,152.47 for unanticipated
costs during the construction phase of the project.
9.h. Consideration of an Award of Contract to R. Burke Corporation for Construction
of the 2017 Concrete Repairs Project, PW 2017-06.
Action: 1) Awarded a contract for the 2017 Concrete Repairs Project to R. Burke
Corporation in the amount of $165,777; and 2) Authorized the City Manager to approve
change orders for 10% of the contract amount, $16,577 for unanticipated costs during
the construction phase of the project.
9.i. Consideration of an Appropriation of Funds to Replace a Variable Frequency Drive
at Lift Station No. 1.
Action: Appropriated $15,000 from the Sewer Fund for purchase and installation of a
new variable frequency drive at Lift Station No. 1.
9.j. Consideration of Approval of an Agreement for the Northern Cities Management
Area Annual Report and Monitoring Program.
Action: Approved and authorized the Mayor to execute an Agreement for Consultant
Services with GSI Water Solutions, Inc.
Item 9.b. - Page 3
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Tuesday, September 12, 2017
ITEMS PULLED FROM THE CONSENT AGENDA
9.b. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Regular City Council Meetings of
August 8, 2017 and August 22, 2017, as submitted.
Council Member Harmon noted that she would abstain from voting on the August 22, 2017
minutes as she was absent for that meeting.
Action: Council Member Barneich moved, and Mayor Pro Tem Brown seconded the motion to
approve Consent Agenda Item 9.b., with the recommended course of action. The motion
passed on the following roll-call vote:
AYES: Barneich, Brown, Ray, Harmon, Hill
NOES: None
ABSTAIN: Harmon (August 22, 2017 minutes only)
ABSENT: None
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
11.a. Consideration of Report of Investigation Resulting from the Independent
Investigation Jointly Authorized by the Arroyo Grande City Council and South San
Luis Obispo County Sanitation District Board of Directors Pertaining to Conduct
of Jim Hill in his Capacity as Mayor of Arroyo Grande and a Member of the Board
of Directors of the South San Luis Obispo County Sanitation District.
Recommendation: 1) Review the independent Report of Investigation prepared by S.K.
Nelson & Company under the direction of the law firm Liebert Cassidy Whitmore (LCW);
2) Consider waiving the attorney-client privilege and work product privilege related to the
confidential memorandum prepared by LCW providing their legal conclusions and
recommendations regarding the Report of Investigation; 3) Discuss options presented by
Shelline Bennett of LCW for possible action in response to the findings contained in the
Report of Investigation; and 4) Authorize additional funding to LCW to cover the cost of
the investigation and legal services.
City Manager Bergman provided introductory comments and introduced Shelline Bennett from
Liebert, Cassidy, Whitmore.
Ms. Bennett noted that a motion to waive the Attorney/Client privilege would need to be made if
the Council would like the presentation to include a discussion of Liebert, Cassidy, Whitmore’s
legal conclusions and recommendations.
Action: Mayor Hill moved, and Mayor Pro Tem Brown seconded the motion to waive the
Attorney/Client privilege. The motion passed on the following roll-call vote:
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Tuesday, September 12, 2017
AYES: Hill, Brown, Ray, Harmon, Barneich
NOES: None
ABSENT: None
The report was made available publicly. Ms. Bennett reviewed the report’s legal conclusions
and recommendations and responded to questions from Council.
Mayor Hill noted for the record that he did not refuse to participate in the investigation and that
he had turned the matter over to his attorney as he was leaving on vacation.
Mayor Hill called for a break at 8:10 p.m. The Council reconvened at 8:20 p.m.
Mayor Hill invited public comment. Speaking from the public were: Stewart Jenkins, attorney
representing Mayor Hill, expressed concern that an elected official does not have due process
rights, referred to the letter that he submitted to the Council and addressed issues including the
alleged conflict of interest associated with the FTC letter, his inability to obtain the specific
charges and allegations against Mayor Hill, commented that Mayor Hill has been dedicated to
public transparency, asked the Council to use common sense in reviewing his letter against Mr.
Nelson’s report to conclude that there was no wrongdoing, stated that everything Mayor Hill has
done has been within the legislative process, and responded to further questions from Council;
Julie Tacker, took issue with questions by Council regarding additional costs to review public
records, commented on her interview with the investigator and documents she provided, which
were not included in the documents she obtained, commented on the irrelevance of documents
that were reviewed, and stated the FTC letter issues was previously resolved; Colleen Kubel,
stated there were no definitive answers in the report and that the investigator did not do his due
diligence in the investigation; Matthew Gurerro, expressed concern about liability at the
Sanitation District and that Council action should be taken to make appropriate
recommendations to the Sanitation District to protect the City’s ratepayers; Deborah Peterson,
Grover Beach, spoke as a Sanitation District ratepayer, commented that the Board Members
represent all District ratepayers, spoke in support and appreciation of Mayor Hill’s service on the
Sanitation District Board, and asked why legal counsel did not ask for more money for the
investigation; Shirley Gibson, asked why over 3,000 records were requested, commented on the
hiring of the District’s General Manager, and believed there was a conspiracy against Mr.
Hubner; Mary Lucey, Oceano, expressed concerns about Mayor Hill’s actions and stated it must
come to a stop; Ron Holt, Arroyo Grande, spoke in support of Mayor Hill; Patricia Price, stated
she has followed Sanitation District business for the last five years, spoke of Mr. Clemons’
temporary management of the District, stated it was clear the new General Manager was not a
good fit, and spoke in support of Mayor Hill; Terry Claire, Oceano, acknowledged that people
care about the community and spoke in support of Mayor Hill; Brad Snook, commented he was
resentful of the investigation as he has asked for years for an independent investigation of
District operations, commented on the expanded scope of the investigation, and urged the
Council to move forward; Richard Kubel, spoke of gatherings at Francisco’s Country Kitchen
and questioned Ms. Gibson’s comments about overhearing the Mayor’s conversations; Mike
Noble, Oceano, commented he has had breakfast at Francisco’s when the Mayor is there and
has never heard him talk about City business; and Adam Verdin, commented on the significant
financial liability.
Item 9.b. - Page 5
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Tuesday, September 12, 2017
Action: Council Member Ray moved to recommend that the City adopt a new password policy
addressing password security; that the Mayor participate in specific one-on-one training with the
CJPIA; that the Mayor voluntarily step down from the Sanitation District Board and have the
Alternate member attend meetings; that the Sanitation District Board support and implement the
recommendations of Liebert Cassidy Whitmore; that the one-on-one training extend to the entire
Council; that a comparison of ethics and conduct policies between the City and District be
made; that a voluntary code of conduct for the City be adopted and signed by Council and
Commissioners; that an official policy of personal email use be approved; that a protocol for
Council communication with staff be adopted; and that an exploration of a job description or
expectations for Council and Commissions be considered. Council Member Harmon seconded,
and the motion. passed on the following roll-call vote:
AYES: Ray, Harmon, Barneich
NOES: Brown, Hill
ABSENT: None
Further discussion ensued regarding remaining costs for the investigation.
Action: Mayor Pro Tem Brown moved to authorize additional funding up to $25,000 to Liebert
Cassidy Whitmore to cover the cost of the investigation and legal services. Council Member
Ray seconded.
Prior to the vote, Mayor Hill invited public comment. Speaking from the public were: Julie
Tacker, stating that the additional expenses were unclear and requested that the Council ask
the Sanitation District to pay for at least half of the additional cost; and Patricia Price, expressed
confusion with the total cost of the investigation, and thought that the cost was going to be
shared with the Sanitation District.
The motion passed on the following roll-call vote:
AYES: Brown, Ray, Harmon, Barneich, Hill
NOES: None
ABSENT: None
12. NEW BUSINESS
None.
13. COUNCIL COMMUNICATIONS
Council Member Ray commented that she agreed with previous public comment regarding
minutes for all NCMA stakeholder groups. City Manager Bergman stated that this would not
work because of the ongoing water litigation.
Council Member Ray announced the Harvest Festival would be held on September 23rd and 24th
and that the Bakeoff will be held and urged all to get involved.
Mayor Pro Tem Brown announced that the Empty Bowls event will take place on September 13,
2017 at St. Patrick’s Church. Council Member Barneich provided additional details regarding the
Empty Bowls event.
Item 9.b. - Page 6
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Tuesday, September 12, 2017
Mayor Hill noted the upcoming temporary overnight closure of Hwy 101 northbound at Traffic
Way and the associated detour route. He also reported that he attended the Eagle Scout
ceremony for Riley Betita that happened over the weekend.
14. COMMUNITY COMMENTS AND SUGGESTIONS
At this time, Mayor Hill invited community comments and suggestions and public comment on
the closed session item. Speaking from the public was John Clemens, stating that comments
made about Mayor Hill taking sides were inappropriate and that when the Mayor was Chair, the
Sanitation District ran smoothly; Coleen Kubel, expressed concerns regarding the Mayor having
to step down from the Sanitation District Board; Julie Tacker, stated that Mayor Hill has been
the only one to review and make recommendations regarding the Sanitation District budget and
that she hopes Mayor Hill will choose not to step down; Patricia Price, agreed with the previous
speaker and commented on the efforts made by Mayor Hill to help the District; Debbie Peterson,
commented on the Knudsen investigation, passwords being compromised, and the cost of the
investigation; Shirley Gibson, responded to comments made by a previous speaker regarding
Francisco’s; and Ron Holt, agreed with Mayor Pro Tem Brown’s comments regarding the
composition of the Sanitation District Board and the number of members on the Board and
commented that Liebert Cassidy Whitmore was already involved with the Sanitation District
previously regarding a personnel matter.
Council Member Ray stated that earlier comments made regarding email passwords were
erroneous and that the issue with passwords has already been dealt with.
Council Member Barneich stated that although she has not attended Sanitation District
meetings, she is watching them on the government access channel and Is very engaged.
15. CLOSED SESSION
None.
16. ADJOURNMENT
Mayor Hill adjourned the meeting at 10:54 p.m.
______________________________
Jim Hill, Mayor
ATTEST:
______________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
Item 9.b. - Page 7
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 26, 2017
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER:
Mayor Hill called the Special City Council Meeting to order at 5:30 p.m.
2. ROLL CALL:
Council Members Caren Ray, Kristen Barneich, Barbara Harmon, Mayor Pro Tem Tim Brown
and Mayor Jim Hill were present.
Staff members present were City Manager Jim Bergman, City Attorney Heather Whitham,
Director of Legislative and Information Services/City Clerk Kelly Wetmore, and Director of
Administrative Services Debbie Malicoat.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT
None.
5. CITY COUNCIL CLOSED SESSION
a) CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section
54957.6:
Agency Designated Representative: Debbie Malicoat, Administrative Services Director
Represented Employees: Service Employees International Union, Local 620
Adjourned to closed session.
6. RECONVENE TO OPEN SESSION:
The Council reconvened to open session at 6:04 p.m. in conjunction with the Regular City
Council meeting. City Attorney Whitham announced that the Council provided direction to its
labor negotiator.
7. ADJOURNMENT:
The Special Meeting adjourned at 6:05 p.m.
__________________________________
Jim Hill, Mayor
ATTEST:
__________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg __________________)
Item 9.b. - Page 8
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 26, 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 6:06 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: City Manager Jim Bergman, City Attorney Heather Whitham, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Director of
Administrative Services Debbie Malicoat, Community Development
Director Teresa McClish, Director of Public Works Bill Robeson, Chief of
Police Beau Pryor, and City Engineer Robin Dickerson.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Cub Scout Pack 13 Atomic Serpents, Den 5, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements:
Special City Council Meeting of September 26, 2017:
a) Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Designated Representative: Debbie Malicoat, Administrative Services Director
Represented Employees: Service Employees International Union, Local 620
City Attorney Whitham announced that the City Council met in closed session at a Special
Meeting on September 26, 2017 to discuss the above item and the Council provided direction to
its labor negotiator.
5.b. Ordinances Read in Title Only.
Mayor Pro Tem 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
6.a. Presentation by San Luis Obispo Council of Governments (SLOCOG) - Pledge
to Make a Smart Commute Choice During Rideshare, October 2 - 6, 2017.
Peter Williamson, Employer Outreach Coordinator, gave a presentation about planned events
during Rideshare Week to encourage alternative transportation to work and school.
Item 9.b. - Page 9
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6.b. Presentation by San Luis Obispo Regional Transit Authority (SLORTA) -
Proposed Fare Increase.
Tania Arnold, Regional Transit Authority Deputy Director, provided a presentation on a
proposed fare increase and stated that RTA is seeking public feedback via an online survey,
email or by phone.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation; Patty Welsh, requested a moment of silence for Jude Genova who recently passed
away; Angela Tahti, representing Arts Obispo, announced the 19th Annual Open Studios Art
Tour to be held October 14-15 and 21-22, 2017 and encouraged attendance; Sherry McCarthy,
representing Campfire, announced their upcoming Dinner/Auction and Reverse Drawing
fundraiser event on November 4th, stated tickets were available, and invited the Council to
attend; Otis Page, commented on and expressed concerns regarding the investigation of Mayor
Hill; Patricia Price, expressed support for Mayor Hill and commented on issues relating to the
South San Luis Obispo County Sanitation District; and Coleen Kubel, thanked Mayor Hill for
representing her and her family as ratepayers by his service on the Sanitation District Board.
Mayor Hill requested a moment of silence for Jude Genova. Council Member Ray requested
that tonight’s meeting be adjourned in memory of Mr. Genova.
8. CITY MANAGER REPORT:
City Manager Bergman announced that the placement of the new restroom facility was installed
today at Heritage Square Park, displayed photos of the facility, and thanked all those who were
involved in the project. In response to a question by Council regarding hours the restrooms
would be open, City Manager Bergman stated that he would obtain that information and report
back to the Council.
9. CONSENT AGENDA
In response to a question by Council Member Ray regarding Item 9.a., Cash Disbursements,
staff provided clarification regarding payments to US Bank for departmental credit card
purchases.
Mayor Hill invited public comment on the consent agenda items. Speaking from the public was
Steve Ross, who asked if the Monthly Water Supply and Demand reports could be found on the
City’s website. Staff confirmed that the reports can be found on the City’s website. No further
public comments were received.
Action: Council Member Ray moved, and Mayor Pro Tem Brown seconded the motion to
approve Consent Agenda Items 9.a. through 9.c., with the recommended courses of action. The
motion passed on the following roll-call vote:
AYES: Ray, Brown, Harmon, Barneich, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period September 1, 2017
through September 15, 2017.
Item 9.b. - Page 10
Minutes: City Council Meeting Page 3
Tuesday, September 26, 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 August 31, 2017, as required by Government Code Section
53646(b).
9.c. Monthly Water Supply and Demand Update.
Action: Received and filed the monthly Water Supply and Demand Report.
10. PUBLIC HEARINGS
10.a. Consideration of Development Code Amendment Case No. 17-003;
Amendments to Chapter 16.62 of Title 16 and Chapter 5.95 of Title 5 of the
Arroyo Grande Municipal Code Relating to Marijuana and Marijuana Delivery
Services.
Community Development Director McClish presented the staff report and recommended
that the Council introduce a proposed Ordinance amending Chapter 16.62 of Title 16 and
Chapter 5.95 of Title 5 of the Arroyo Grande Municipal Code relating to marijuana and
marijuana delivery services. Staff responded to questions from Council.
Mayor Hill opened the public hearing. Speaking from the public were: Cynthia Gonzalez,
representing Elite Care California, addressed questions regarding potential future tax
revenue that could be received if the Ordinance were expanded to allow retail service, as
well as how money is managed when this activity is prohibited by Federal law; and Patty
Welsh, thanked the Council and spoke in support of the proposed Ordinance. Hearing no
further public comments, Mayor Hill closed the public hearing.
City Attorney Whitham read the full title of the Ordinance, as follows: “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.62 OF
TITLE 16 AND CHAPTER 5.95 OF TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE
RELATING TO MARIJUANA AND MARIJUANA DELIVERY SERVICES”.
Action: Mayor Pro Tem Brown moved to introduce the Ordinance as read by title by the
City Attorney. Council Member Barneich seconded, and the motion passed on the
following roll-call vote:
AYES: Brown, Barneich, Ray, Harmon, Hill
NOES: None
ABSENT: None
10.b. Consideration of Draft Initial Study/Mitigated Negative Declaration for the
Bridge Street Bridge Rehabilitation Project.
Community Development Director McClish presented the staff report and recommended
that the Council: 1) Review the Draft Initial Study/Mitigated Negative Declaration for the
proposed Bridge Street Bridge Rehabilitation project; and 2) Adopt a Resolution adopting
the Mitigated Negative Declaration, and instructing the City Clerk to file a Notice of
Determination. Staff responded to questions from Council.
Item 9.b. - Page 11
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Tuesday, September 26, 2017
Mayor Hill opened the public hearing. Speaking from the public were: Steve Ross, Arroyo
Grande, regarding the safety rail as it relates to traffic lane widths and commented that
bicycles have the same right of way as vehicles going across the bridge; Bill Hart, thanked
the Council for choosing rehabilitation of the Bridge and maintaining the character of the
Village; and Shirley Gibson, also thanked the Council and spoke of the importance of
bridges in a community. Hearing no further public comments, Mayor Hill closed the public
hearing.
Action: Mayor Pro Tem Brown moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED
NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF
DETERMINATION, FOR THE BRIDGE STREET BRIDGE PROJECT APPLIED FOR THE
CITY OF ARROYO GRANDE”. Council Member Ray seconded, and the motion passed on the
following roll-call vote:
AYES: Brown, Ray, Harmon, Barneich, Hill
NOES: None
ABSENT: None
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.b. Consideration of a Memorandum of Understanding between the City and the 5-
Cities Community Service Foundation Regarding Property at 250 Wesley
Street Arroyo Grande.
City Manager Bergman provided introductory comments. Community Development Director
McClish presented the staff report and recommended that the Council: 1) Approve the
Memorandum of Understanding between the City and the 5-Cities Community Service
Foundation regarding property at 250 Wesley Street (Village Property, or commonly known as
the Methodist Church Camp or Camp Arroyo Grande) Arroyo Grande; and 2) Appropriate
$7,000 from the General Fund balance to support MOU actions.
Allan Buck, Board Member, representing the 5 Cities Community Service Foundation,
commented on the opportunities for the property, that the Foundation is already receiving
donations and offers from various groups and organizations regarding potential uses for the
property, noted that there are a lot of issues to address on the site, and responded to questions
from Council.
Mayor Hill invited public comment. Speaking from the public were: Bill Hart, Arroyo Grande
resident and member of the Historical Resources Committee (HRC), stated that the HRC
considers this one of the most significant historic resources within the City of Arroyo Grande,
thanked the 5 Cities Men’s Club for stepping forward, thanked the Methodist Church for keeping
up the Camp during its ownership, expressed support for the proposal and suggested a
Community Oversight Board be created to encourage community involvement; Maureen Riley,
spoke in support of the proposal and commented on the opportunity for people to come
together to preserve the camp and continuing to work together to maintain the property; Shirley
Gibson, thanked all the people with vision, including the City and City staff, the 5 Cities
Item 9.b. - Page 12
Minutes: City Council Meeting Page 5
Tuesday, September 26, 2017
Community Service Foundation to put efforts into the preservation of this property, and
recognized John Beckett who came to this area in the 1800’s and contributed substantially to
this community, suggested a single point of contact be established for people to contact
regarding this project, and pledged $5,000 on behalf of the Patricia R. Loomis Historical
Foundation toward the tabernacle; Angela Tahti, Arts Obispo, stated that there are funds
available at the National level for planning and development of creative place making and
offered their help if needed; Steve Ross, stated that all camps and parks have been closed in
this area and that there is a need for a camp in the community and cautioned against specific
historic designation of the property as it relates to restoration and related costs; Coleen Kubel,
commented on her youth spent at the camp and supported the proposal; Tricia Coffee, thanked
the Council, staff, and community for the time spent to create a future for the community; Adam,
Arroyo Grande, expressed his support for the project and potential revenue it could create; Ken
Miles, representing Campfire, spoke in support of the proposal and expressed appreciation to
the 5 Cities Community Service Foundation. No further public comments were received.
Action: Council Member Ray moved to approve the Memorandum of Understanding between
the City and the 5 Cities Community Service Foundation regarding property at 250 Wesley
Street (Village Property, or commonly known as the Methodist Church Camp or Camp Arroyo
Grande) Arroyo Grande; and appropriate $7,000 from the General Fund balance to support
MOU actions. 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 8:57 p.m. The Council reconvened at 9:07 p.m.
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
(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
(c) COUNCIL MEMBER BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
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Tuesday, September 26, 2017
(d) COUNCIL MEMBER HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(e) COUNCIL MEMBER RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Economic Vitality Corporation (EVC)
(3) Tourism Marketing Committee
14. COUNCIL COMMUNICATIONS
Council Member Barneich suggested that pedestrian signs for the crosswalk in front of Rooster
Creek be reviewed and improved and referred to lighted signs similar to those in San Luis
Obispo on Marsh Street.
Council Member Ray stated that she would like to have a discussion at a future meeting
regarding crosswalks in the Village and possibly putting together a committee for pedestrian
safety in Village.
Mayor Hill suggested that a broader discussion regarding crosswalks would be appropriate and
would like to revisit the area near S. Alpine. Council Member Harmon suggested that the
crosswalk by Broadway Bagel be considered as well.
Based on Council comments and consensus, City Manager Bergman stated that an item
regarding crosswalks would be brought back at a later date for further discussion.
Mayor Pro Tem Brown expressed concern about comments made by Board Member Shoals at
the last South San Luis Obispo County Sanitation District meeting and encouraged the
community to attend the meetings or watch them on the government access channel.
Council Member Ray reported on the Harvest Festival bakeoff competition and recognized its
sponsors and winners.
Council Member Ray suggested it might be time to consider having a discussion regarding the
placement of a cannabis tax measure on the ballot.
Council Member Ray requested a future agenda item for the Council to discuss removing Item
15, Community Comments and Suggestions, from the end of the Agenda as there is ample time
during the meeting for public comment, and stated it would be a cost saving measure as well.
Council Member Barneich concurred with the request.
Council Member Harmon suggested a relook in 2019 after evaluating future cannabis tax
revenues; stated that she concurs with removal of Item No. 15 from the Agenda; invited the
public to the Fire and Life Safety event and a pancake breakfast sponsored by the 5 Cities
Men’s Club to benefit the Friends of the Five Cities Fire Authority on October 7th at Elm Street
Park; and announced the 3rd Annual Fashions for a Purpose to be held on October 28th to
benefit domestic violence shelters.
Mayor Hill requested discussion at a future meeting regarding Council policy as it relates to
advocating for better funding and services for mental health services in the City from the
County, State, and perhaps Federal level. The Council concurred.
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Minutes: City Council Meeting Page 7
Tuesday, September 26, 2017
Council Member Barneich stated that she wanted to wait on having a discussion regarding the
cannabis tax. Council Member Ray commented that it was a suggestion based on timing for the
2018 election.
Council Member Harmon commented that Assembly Member Jordan Cunningham’s aide is
asking people to come forward with ideas or needs in their communities as it relates to the
potential for proposed bills/legislation.
Mayor Hill commented that he supports retaining Item 15 on the Agenda.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Speaking from the public were: Steve Ross, stating that he appreciates the community
comment period at the end of the meeting because it allows the public to comment after
discussion has taken place by the Council, and also commented on the restrictions of marijuana
as it relates to outdoor cultivation; and Patricia Price, spoke in opposition to removing Item 15,
Community Comments and Suggestions, from the agenda.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 9:51 p.m. in memory of Jude Genova.
___________________________________
Jim Hill, Mayor
ATTEST:
___________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ___________)
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