CC 2017-10-24_09c Approval of Minutes_10-10-17ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 10, 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
Community Development Teresa McClish, Director of Public Works Bill
Robeson, Police Chief Beau Pryor, Planning Manager Matt Downing, City
Engineer Robin Dickerson, and Assistant Planner Sam Anderson.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Anne McCracken, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
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. Introduction and Oath of Office - Police Officers Lucas Henson and Andrew
Williams.
Police Chief Pryor introduced new full-time Police Officers Lucas Henson and Andrew Williams,
highlighted their educational and professional backgrounds, and facilitated the badge pinning
ceremony. City Clerk Wetmore administered the Oath of Office to Officers Henson and Williams.
7. COMMUNITY COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation; Pete Carlson, thanked the Community Development Department staff for their work,
specifically the Building Division; Patricia Price, regarding the investigation of Mayor Hill,
referred the public to the South San Luis Obispo County Sanitation District (SSLOCSD) website
to view the September 20, 2017 SSLOCSD meeting online as it relates to the Liebert Cassidy
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Whitmore presentation, and the September 12, 2017 City Council meeting at which a rebuttal
letter from Stew Jenkins was submitted in response to the investigation report, and expressed
concern about the cost and need for the investigation; Student, Arroyo Grande High School
senior, spoke of prejudices faced as a gay student, spoke of inclusionary efforts at the High
School, and suggested that the seasonal banner flags in the Village be changed to display
rainbow flags during pride month in June 2018; and Coleen Kubel, commented that there are
many SSLOCSD ratepayers that are calling for an investigation of Board Member John Shoals
for his interference in personnel matters, and further commented on a recent SSLOCSD
meeting. No further comments were received.
8. CITY MANAGER REPORT:
City Manager Bergman referred to the new restroom facility at Heritage Square Park and noted
that the facility will be open from 5:00 a.m. to 10:00 p.m., which is consistent with the hours for
all other restroom facilities located in City parks. He then introduced Bill Robeson, Public Works
Director, who provided an update on the 2017 Concrete Repairs Project, which includes repairs
and improvements to concrete areas on E. Grand Avenue, North and South Halcyon Road, W.
Branch Street, El Camino Real, Woodland Drive, and Traffic Way.
9. CONSENT AGENDA
Council Member Barneich requested Item 9.j. be pulled.
Mayor Hill invited public comment on the consent agenda. No public comments were received.
Action: Council Member Barneich moved, and Council Member Ray seconded the motion to
approve Consent Agenda Items 9.a. through 9.i., with the recommended courses of action.
City Attorney Whitham read the full title of the Ordinance in Item 9.i. The motion passed on the
following roll-call vote:
AYES: Barneich, Ray, Harmon, 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, 2017
through September 30, 2017.
9.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of September 12,
2017 and the Special and Regular City Council Meetings of September 26, 2017, as
submitted.
9.c. Consideration of an Agreement for Consultant Services for Installation of Network
Storage at City Hall and the Police Department.
Action: Approved and authorized the City Manager to execute an Agreement for
Consultant Services with CIO Solutions for implementation of additional network storage
at City Hall and the Police Department data center locations.
9.d. Consideration to Purchase Police Fleet Equipment Including Mobile Data
Computers and In-Car Video Camera Systems and Enter into an Agreement for
their Installation.
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Action: 1) Approved and authorized the Mayor to execute an agreement for police fleet
equipment and upfitting from Drive Customs in the amount of $143,310.40; 2) Approved
and authorized the Chief of Police to purchase Mobile Data Computers (MDC’s) from
GeTac in the amount of $48,278.47; 3) Approved and authorized the Chief of Police to
purchase in-car video camera systems from COBAN in the amount of $55,990.00; and
4) Appropriated $290,000 from the Community Oriented Policing Services (COPS) Fund
for the project.
9.e. Consideration of an Appropriation of Funds to Replace the Emergency Standby
Generator Located at Reservoir No. 2 on Hillcrest Drive.
Action: Approved an appropriation of $25,000 from the unappropriated General Fund
Balance to purchase a new standby generator and automatic transfer switch for the
Reservoir No. 2 communication building.
9.f. Consideration to Approve Construction Plans and Specifications and
Environmental Exemption for the City of Arroyo Grande and Woman’s Club
Community Center Kitchen Renovation Project, PW 2016-01.
Action: 1) Approved the construction plans & specifications for the City of Arroyo
Grande and Woman's Club Community Center Kitchen Renovation Project, PW 2016-
01; 2) Authorized the City Clerk to advertise for construction bids; 3) Found that project
is categorically exempt from the California Environmental Quality Act (CEQA) pursuant
to Guidelines Section 15301(e)(1); and 4) Directed the City Clerk to file a Notice of
Exemption.
9.g. Consideration to Approve Construction Plans and Specifications and
Environmental Exemption for the Santos Field Barrier Removal Project, PW 2017-
01.
Action: 1) Approved the construction plans & specifications for the Santos Field Barrier
Removal Project, PW 2017-01; 2) Authorized the City Clerk to advertise for construction
bids; 3) Found that project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Guidelines Section 15301(c); and 4) Directed the City
Clerk to file a Notice of Exemption.
9.h. Consideration to Approve Construction Plans and Specifications and
Environmental Exemption for the City of Arroyo Grande and Woman’s Club
Community Center Barrier Removal Project, PW 2016-10.
Action: 1) Approved the construction plans & specifications for the City of Arroyo
Grande and Woman's Club Community Center Barrier Removal Project, PW 2016-10; 2)
Authorized the City Clerk to advertise for construction bids; 3) Found that project is
categorically exempt from the California Environmental Quality Act (CEQA) pursuant to
Guidelines Sections 15301 and 15302; and 4) Directed the City Clerk to file a Notice of
Exemption.
9.i. 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.
Action: Adopted an Ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF 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.”
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ITEMS PULLED FROM THE CONSENT AGENDA
9.j. Consideration of Temporary Use Permit Case No. 17-015; Authorizing “Halloween
in the Village” on Tuesday, October 31, 2017 and Directing Staff to Implement
Related Safety Measures Including No Parking Zones, Street Closures, and
Warning Devices.
Recommended Action: Adopt a Resolution approving Temporary Use Permit Case No.
17-015 Authorizing “Halloween In The Village” on Tuesday, October 31, 2017 and
Directing Staff to Implement Related Safety Measures Including No Parking Zones and
Street Closures.
In response to questions by Council Member Barneich, staff explained that water barricades are
used in certain areas due to the need for increased public safety.
Action: Council Member Barneich moved to adopt Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT CASE NO. 17-015 AUTHORIZING “HALLOWEEN IN THE VILLAGE” ON TUESDAY,
OCTOBER 31, 2017 AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY
MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES”. Mayor Pro Tem
Brown seconded, and the motion passed on the following roll call vote:
AYES: Barneich, Brown, Ray, Harmon, Hill
NOES: None
ABSENT: None
10. PUBLIC HEARINGS
10.a. Consideration of Development Code Amendment 17-002 - Amendments to Title 16
of the Arroyo Grande Municipal Code Regarding Accessory Dwelling Units for
Compliance with State Law; Amendment Related to Rooftop Decks and the
Undergrounding of Utilities; Location Citywide; Applicant – City of Arroyo Grande.
Recommended Action: The Planning Commission recommends that the City Council
introduce the Ordinance amending Title 16 of the Arroyo Grande Municipal Code
regarding accessory dwelling units for compliance with State law as well as rooftop
decks and undergrounding of utilities.
Community Development Director McClish provided introductory comments. Planning Assistant
Anderson presented the portion of the staff report pertaining to accessory dwelling units and
responded to questions from Council.
Mayor Hill opened the public hearing and invited public comment for the portion of the proposed
Ordinance regarding accessory dwelling units. Speaking from the public were: Paul Leininger,
requested removal of the owner occupancy deed restriction requirement in Single Family zoning
districts; Leslie Kight, real estate lender, supported removing the owner occupancy deed
restriction requirement; Pete Carlson, supported removing the owner occupancy deed restriction
requirement; Jack Hardy, Century 21 Hometown Realty, urged the Council to remove the owner
occupancy deed restriction requirement; Sergio Montesinos, Wells Fargo Bank, supported
removing the owner occupancy deed restriction requirement; Rob Railsback, supported
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removing the owner occupancy deed restriction requirement; Randy Russom, commented on
the State’s goal to promote additional, affordable housing, supported the proposed changes to
the Ordinance in response to the AIA letter, commented that there is already an Ordinance in
effect with regard to regulating homestays and vacation rentals, and suggested the Council
consider further reducing minimum lot size; and Jennifer Leininger, commented on a similar
issue with the County and stated that the County was able to remove the deed restriction on a
specific property and then remove the restrictions from all properties at a later time.
Assistant Planner Anderson proceeded with presentation of the staff report as it relates to
rooftop decks and undergrounding utilities and responded to questions from Council.
Mayor Hill invited public comment for the portion of the proposed Ordinance regarding rooftop
decks and undergrounding utilities. Speaking from the public were: Pete Carlson, in support of
the proposed Ordinance; Jack Hardy, commented on requirements for undergrounding utilities
and stated he would like to see a more fair way to distribute the cost of undergrounding utilities
among property owners that benefit from undergrounding utilities; and Speaker (did not state
name), expressed concern about the cost of undergrounding utilities for individual property
owners. Hearing no further comments, Mayor Hill closed the public hearing.
Council Member Ray moved to introduce the Ordinance, as modified in the revised Ordinance
provided in the Supplemental Memorandum, with the following modifications: strike the owner
occupied deed restrictions, add a noticing requirement of 300 feet for rooftop decks, and add
deed restriction removal authority; and further, to direct staff to have a legal analysis done to
see if the City can do anything to help remove the deed restriction on the property at 1064
Maple Street. Mayor Pro Tem Brown seconded the motion.
Brief discussion ensued regarding noticing requirements for roof decks. Council Member Ray
indicated that she would amend her motion to remove that portion from her motion.
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 TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS FOR
COMPLIANCE WITH STATE LAW AND ADDITIONALLY ROOFTOP DECKS AND
UNDERGROUNDING OF UTILITIES; LOCATION – CITYWIDE; APPLICANT – CITY OF
ARROYO GRANDE”.
Action: Council Member Ray amended her motion as follows: Introduce the revised Ordinance
(as read in title by the City Attorney), as modified to strike the owner occupied deed restriction
requirement; and, further, to direct staff to bring back to the next City Council meeting an item to
provide deed restriction removal authority as an administrative or ministerial process, and to
further research whether or not anything can be done to help the property owner at 1064 Maple
Street. 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
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Council Member Ray announced that the architect on the project for the next item is her fiancé
and she will be stepping down for that item, and that because she is heading down to Los
Angeles for a conference tomorrow, she would not be staying for the final agenda item;
therefore, she would be recusing herself from Item 10.b., and be absent for Item 12.a. She
also noted that she has not spoken about the project to anyone during the entire public process.
Council Member Ray left the meeting.
Mayor Hill called for a break at 8:25 p.m. The Council reconvened at 8:33 p.m.
10.b. Consideration of Appeal 17-002; Appeal of Planning Commission’s Denial of
Architectural Review 16-009; Proposed Merger of Two (2) Lots and Construction
of a New 12,730 Square Foot Single Family Home; Location 779 and 759 Castillo
Del Mar (Lots 6 and 7 of Tract 3048- Heights at Vista Del Mar); Applicant - James
and Katy Redmond; Representative – RRM Design Group.
Community Development Director McClish provided introductory comments. Associate Planner
Heffernon presented the staff report and recommended the Council: 1) Adopt a Resolution
denying Appeal 17-002 and Architectural Review 16-009; and 2) Take no action on Lot Merger
17-003. Staff responded to questions from Council.
Mayor Hill opened the public hearing and invited the applicant’s representative to address the
Council first. Speaking from the public were: Randy Russom, applicant’s representative,
provided a presentation of the proposed project and responded to questions from Council;
Anthony Detwiler, opposed the project and stated that it is not consistent to the guidelines for
the area, not in keeping with the character of the neighborhood, and that the proposal will impair
the investment and occupation of the neighborhood; Katie Gonzalez, supported the applicant’s
desire to build their home and supported the project; Gonzolo Breanchar, commented that the
progressive scaling of homes in the neighborhood seems appropriate; Kimberly Redmond,
spoke about the Redmond family and their intent for their home; Dan Ferrara, Engineer for Lot
8, stated that the house on Lot 8 would be 2,800 sq. ft. and the proposed basketball court would
be much bigger, and stated that if approved, the project could jeopardize future development on
remaining lots; Daryl Berg, spoke regarding the massive size of the project and opposed the
project; Jennifer Johnson, expressed concern about the behavior at the Planning Commission
meeting and questioned if the lots could be legally merged; Pashmina Patel, opposed the
project; Christine Semac, opposed the project; James Redmond, spoke on behalf of the family
in support of the project; Patty Welsh, supported the project; Julie Moore, stated that she would
like to see this house on a larger piece of property; Sedina Craven, stated that she feels size is
irrelevant; Mike Daly, stated that the project has been denied due to scale; Leo Craven, spoke
about objectivity vs. subjectivity and that a decision should be made as objectively as possible;
Ian Johnson, stated that the decision not be made on emotion but in order to preserve the
character of the neighborhood and that this is a home for a larger piece of property; Matthew
Rogers, doesn’t see an issue with the project and feels that it will help the neighborhood; Mr.
Patel, stated that the owner of Lot 5 could not be at the meeting but that he will sell the lot if the
project passes; Speaker (did not state name), opposed the project; Katy Redmond, applicant,
spoke in support of the project, addressed and responded to concerns and rumors expressed
by members of the community, and requested approval of the project. Hearing no further
comments, Mayor Hill closed the public hearing.
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Mayor Hill called for a break at 10:36 p.m. The Council reconvened at 10:43 p.m.
At this time, it was noted that pursuant to Council policy, the Council must vote unanimously to
continue the meeting past 11:00 p.m.
Action: Mayor Pro Tem Brown moved to continue the meeting to 11:20 p.m., Council Member
Barneich seconded the motion, and the motion passed unanimously by voice vote.
Action: Council Member Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL 17-002 AND
DENYING ARCHITECTURAL REVIEW 16-009; LOCATION – 779 AND 759 CASTILLO DEL
MAR (TRACT 3048 – HEIGHTS AT VISTA DEL MAR); APPLICANT – JAMES AND KATY
REDMOND; REPRESENTATIVE – RRM DESIGN GROUP”; and take no action on Lot Merger
17-003. Mayor Pro Tem Brown seconded, and the motion passed on the following roll-call vote:
AYES: Harmon, Brown, Barneich, Hill
NOES: None
ABSENT: Ray
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Consideration of a Resolution of Intention and Introduction of an Ordinance to
Approve an Amendment to Contract between the Board of Administration
California Public Employees’ Retirement System and the City of Arroyo Grande.
City Manager Bergman presented the staff report and recommended the Council: 1) Adopt and
authorize the Mayor to sign on behalf of the City a Resolution of Intention with the California
Public Employees’ Retirement System; and 2) Introduce an Ordinance to approve an
amendment to the California Public Employees’ Retirement System Contract regarding cost
sharing by members of the Arroyo Grande Police Officers’ Association.
Action: Council Member Harmon moved to adopt a Resolution as follows: “A RESOLUTION
OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND
THE CITY COUNCIL CITY OF ARROYO GRANDE”. Mayor Hill seconded, and the motion
passed on the following roll-call vote:
AYES: Brown, Hill, Harmon, Barneich
NOES: None
ABSENT: Ray
City Attorney Whitham read the full title of the Ordinance as follows: “AN ORDINANCE THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
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AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM”.
Action: Mayor Pro Tem Brown moved to introduce the Ordinance as read in title by the City
Attorney. Council Member Barneich seconded, and the motion passed on the following roll-call
vote:
AYES: Brown, Barneich, Harmon, Hill
NOES: None
ABSENT: Ray
13. COUNCIL COMMUNICATIONS
None.
14. COMMUNITY COMMENTS AND SUGGESTIONS
None.
15. CLOSED SESSION
None.
16. ADJOURNMENT
Mayor Hill adjourned the meeting at 11:16 p.m.
______________________________
Jim Hill, Mayor
ATTEST:
______________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
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