Minutes 2017-11-28 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 28, 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 Tern 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,
Community Development Director Teresa McClish, Director of Public
Works Bill Robeson, Chief of Police Beau Pryor, and Associate Planner
Kelly Heffernon.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mike Drees, representing South County Historical Society, led the Flag Salute.
5. AGENDA REVIEW
5.a. .Closed Session Announcements:
Special City Council/Successor Agency Meeting of November 28. 2017
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 lndvik, Lee &
Associates
Negotiating Parties: ELA Foods, Inc.
Under Negotiation: Price and terms of payment for sale of property
City Attorney Whitham announced that the City Council/Successor Agency met in closed
session at a Special Meeting on November 28, 2017 to discuss the above item, and the
Successor Agency Board unanimously approved an Addendum to the Purchase and Sale
Agreement for the property located at Faeh Avenue and El Camino Real extending the
government approval contingency to April 15, 2018.
5.b. Ordinances Read in Title Only.
Council Member Barneich moved, Council Member Ray 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, November 28, 2017
6. SPECIAL PRESENTATIONS
6.a. A Debriefing of Information Learned by the City of Arroyo Grande After the
Reporting, Trapping and Euthanization of a Grey Fox by the United States
Department of Agriculture's Wildlife Services Department.
City Manager Bergman presented information surrounding the recent euthanization of a grey fox
in the Village and responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public were: Trudy Jarrett, who suggested
that the City add information about wildlife on the City website with a contact listing of wildlife
rescue organizations; Rebecca Dmytryk, Monterey County, stated she runs a wildlife rescue
organization and a for-profit business called Humane Wildlife Control to help people deal with
wildlife issues and to offer assistance with educational efforts, spoke about how animals are
imprinted, commented on ordinances that could be adopted prohibiting the feeding of wildlife,
and commented on State trapping regulations; Speaker (did not state name), commented that
the fox was an imprinted animal, expressed concern about what happened to the fox, stated the
City needs to be more involved in educating the community about not feeding wild animals, and
asked what the City's regulations were regarding loose chickens within the City; Kimberly Perez,
President of Pacific Wildlife Care, spoke regarding the few calls they received over a long period
of time regarding relocation of the fox and explained that they are only allowed to rescue
injured, orphaned, or sick wildlife and could have responded had they been notified when the
fox was originally orphaned, stated it is up to people to know not to imprint wild animals as they
will not go back to the wild, stated they work collaboratively with California Fish and Wildlife to
educate the public, and left information about their organization; Cleo Stanley, spoke regarding
the need to have a direct link and process on what the public can do in the future to prevent an
animal like this from getting imprinted; Robert Olson, spoke regarding the higher levels of
government and the need for people to be able to rely on local government to handle sensitive
community issues and concerns; Frank Schiro, thanked staff for the presentation and Vivian
Krug for creating the community Facebook page "Remembering the Village Fox", stated he has
spent time talking to State and Federal agencies about permitting processes, commented on the
State's partnership with Pacific Wildlife Care for rescue efforts, commented on how this wild
animal became imprinted, spoke about creating signs and conducting educational workshops,
and thanked the citizens for being respectful; Vivian Krug Cotton, supported efforts to educate
the community and conduct public workshops in the future, spoke about the Facebook page to
memorialize the fox and fundraise for educational signs; and commented on a potential public
art project; Shelly Cochran, expressed sadness over the loss of the fox and expressed concern
about hateful social media comments being made that are not representative of Arroyo Grande,
that we should learn from this experience, move forward, and do something good from the
experience; and Deanna Delore, expressed appreciation that something good may come from
this and read comments from a recent Facebook post. No further public comments were
received.
Council comments ensued regarding education, signs, and kiosks about wildlife preservation
versus adoption of more regulations; acknowledgment of the community's concerns with this
issue; concern that people are being treated poorly and that hateful comments should not be
tolerated in this community, that the City can improve its efforts to interact better with the USDA
and wildlife organizations; that this was an unexpected outcome and a breakdown in
communication; acknowledgement of Pacific Wildlife Care and their offer to provide community
education and materials; and appreciation to the City Manager for providing the presentation.
No formal action was taken on this item.
Minutes: City Council Meeting Page 3
Tuesday, November 28, 2017
6.b. Presentation by San Luis Obispo Council of Governments (SLOCOG) Regarding
SBI —The Road Repair and Accountability Act of 2017.
Ron DeCarli, Executive Director, SLOCOG, gave a presentation regarding SBI. Mr. DeCarli
responded to questions from Council regarding the transportation improvement fee, status of
efforts to repeal SBI, impacts to projects in the County if funding was lost, self-help funding,
clarification regarding Caltrans' funding projections over five years, and electrical vehicle fees.
No formal action was taken on this item.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an
invocation and announced that Pismo Beach/5 Cities Rotary Club will be hosting a free movie at
the Fair Oaks Theatre on December 9, 2017 at 10:30 a.m. and donations of toys will be
accepted for distribution to the Boys and Girls Club; Mike Drees, expressed concern about the
lack of road repairs in the City and stated he had been told in 2014 that his street was on a
schedule to be repaired in 2016 and it still has not been done; and Patty Welsh, commented
that she could not find the Zone 3 and Five Cities Fire Authority Agendas on the City's website.
No further comments were received.
8. CITY MANAGER REPORT:
City Manager Bergman announced that the Christmas Parade in the Village was held on
Sunday, November 26th and he thanked Greg Steinberger and all the volunteers for making it a
successful event.
9. CONSENT AGENDA
Mayor Hill invited public comment on the consent agenda items. No public comments were
received.
Action: Council Member Harmon moved, and Council Member Ray seconded the motion to
approve Consent Agenda Items 9.a. through 9.j., with the recommended courses of action. The
motion passed on the following roll-call vote:
AYES: Harmon, Ray, Barneich, Brown, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period November 1, 2017
through November 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 October 31, 2017, as required by Government Code Section 53646(b).
9.c. Consideration of Adoption of a Resolution Approving a Memorandum of
Understanding with the Service Employees International Union Local 620.
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 620".
9.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
November 14, 2017, as submitted.
Minutes: City Council Meeting Page 4
Tuesday, November 28, 2017
9.e. Consideration of Council Appointment to Parks and Recreation Commission.
Action: Approved the recommendation of Council Member Harmon to appoint Anna
Heacock to the Parks and Recreation Commission.
9.f. Consideration of Approval of Water Tank Lease Agreement with Verizon Wireless-
459 Puesta Del Sol (Reservoir#5).
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 360 square feet of property located at 459
Puesta Del Sol, Arroyo Grande and space on the City's water tank for use as a wireless
communication facility.
9.g. Monthly Water Supply and Demand Update.
Action: Received and filed the monthly Water Supply and Demand Report.
9.h. Consideration of an Award of Contract to Effect Contractors for Construction of
the City of Arroyo Grande and Woman's Club Community Center Kitchen
Renovation Project, PW 2016-01.
Action: 1) Awarded a contract for the City of Arroyo Grande and Woman's Club
Community Center Kitchen Renovation Project to Effect Contractors in the amount of
$177,344; 2) Authorized the City Manager to approve change orders for 20% of the
contract amount, $35,469, for unanticipated costs during the construction phase of the
project; and 3) Appropriated $23,313 from the Park Development Fund balance for the
project.
9.i. Consideration of an Award of Contract to RK&G Construction Inc. for
Construction of the City of Arroyo Grande and Woman's Club Community Center
Site Accessibility Improvements Project, PW 2016-10.
Action: 1) Awarded a contract for the City of Arroyo Grande and Woman's Club
Community Center Site Accessibility Improvements Project to RK&G Construction Inc. in
the amount of$72,289.40; 2) Authorized the City Manager to approve change orders for
10% of the contract amount, $7,228.94, for unanticipated costs during the construction
phase of the project; and 3) Reallocated $37,466 of Local Sales Tax Funds from the
Alpine Street Overlay Improvement project to cover the subject project expenses.
9.j. Consideration of an Award of Contract to Sansone Company Inc. for Construction
of the Santos Field Barrier Removal Project, PW 2017-01.
Action: 1) Awarded a contract for the Santos Field Barrier Removal Project to Sansone
Company Inc. in the amount of $53,471; 2) Authorized the City Manager to approve
change orders for 10% of the contract amount, $5,347, for unanticipated costs during the
construction phase of the project; and 3) Reallocated $14,569 of Local Sales Tax Funds
from the Alpine Street Overlay Improvement project to cover the subject project
expenses.
Council Member Harmon referred to Item 9.e., stated that Anna Heacock was in the audience,
and introduced her as the newly appointed member of the Parks and Recreation Commission.
Mayor Hill called for a break at 7:50 p.m. The Council reconvened at 8:00 p.m.
10. PUBLIC HEARINGS
10.a. Consideration of Preliminary Approval of Community Development Block Grant
(CDBG) Projects for Year 2018.
Council Member Barneich announced that she would step down on this item due to a potential
conflict of interest as a Board Member for the 5 Cities Homeless Coalition.
Minutes: City Council Meeting Page 5
Tuesday, November 28, 2017
Associate Planner Heffernon presented the staff report and recommended that the Council
provide preliminary approval of proposed projects to be funded with the City's allocation of
Community Development Block Grant (CDBG)funds for the Year 2018.
Mayor Hill invited public comment. Speaking from the public were: Bobbie Boyer, representing
Family Care Network, thanked the Council for their consideration of their request and explained
their plans for the funding; and Janna Nichols, representing 5 Cities Homeless Coalition,
provided information on their application for funding assistance. No further public comments
were received.
Action: Mayor Pro Tem Brown moved to provide preliminary approval of proposed projects to
be funded with the City's allocation of CDBG funds for the Year 2018, as amended, to allocate
$62,000 to the Family Care Network and $3,294 to the 5Cities Homeless Coalition. Mayor Hill
seconded, and the motion failed on the following roll call vote:
AYES: Brown, Hill
NOES: Ray, Harmon
ABSENT: Bameich
Brief discussion and clarification ensued regarding the available funding in the housing
rehabilitation and public services categories and the proposals for funding from the 5 Cities
Homeless Coalition and Family Care Network.
Action: Council Member Ray moved to provide preliminary approval of proposed projects to be
funded with the City's allocation of CDBG funds for the Year 2018, as amended, to allocate
$58,000 to the Family Care Network and $7,294 to the 5Cities Homeless Coalition. Council
Member Harmon seconded, and the motion passed on the following roll call vote:
AYES: Ray, Harmon, Brown, Hill
NOES: None
ABSENT: Barneich
Council Member Barneich returned to the meeting and took her place at the dais.
11. OLD BUSINESS
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
Minutes: City Council Meeting Page 6
Tuesday, November 28, 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
(c) COUNCIL MEMBER BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(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
Following Council reports, Council Member Harmon requested that pursuant to Council Policy
No. 8.1.a (Guidelines for Council Direction on Items from Appointed Boards and Committees),
she would like to request that staff place on the January 9, 2018 agenda an item to discuss Five
Cities Fire Authority staffing issues. The Council concurred.
Council Member Ray asked City Manager Bergman for a status update on scheduling a future
agenda item to discuss the Arroyo Grande Tourism Business Improvement District (TBID). City
Manager Bergman indicated he was trying to meet with the TBID Board first and hopes to place
the item on a Council Agenda in December or early January.
14. COUNCIL COMMUNICATIONS
Council Member Barneich announced that Chipotle will be sponsoring a fundraiser for the 5
Cities Homeless Coalition on December 1, 2017; announced that there will be a "Teens Helping
Seniors Tech Clinic" to be held in the Council Chambers on December 2, 2017; commented that
the Heritage Square Park lights are out and need to be fixed; and asked if staff could provide
links on the City's website to the Zone 3 and Five Cities Fire Authority Agendas.
Council Member Ray commented on complaints received that UPS trucks are pulling up and
parking on the sidewalks in the Village and requested staff to look into the matter.
Mayor Hill announced that "Elegant Night in the Village" will be held on December 4, 2017. He
also requested a status update on the Halcyon/Brisco Road/Hwy 101 Interchange Project as an
informational item at the next City Council meeting. The Council concurred.
15. COMMUNITY COMMENTS AND SUGGESTIONS
None.
16. CLOSED SESSION
None.
Minutes: City Council Meeting Page 7
Tuesday, November 28, 2017
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 9:34 p.m.
Hill, Mayor
A EST:
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Ke ly e re, City Clerk
(Approved at CC Mtg(2-12-2017)