Minutes 2018-03-27 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 27, 2018
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 Kristen Barneich, Barbara Harmon, Mayor Pro Tern
Caren Ray, and Mayor Jim Hill were present. Council Member Tim
Brown was absent.
Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Director of
Public Works Bill Robeson, Director of Community Development Teresa
McClish, and Planning Manager Matt Downing.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Cub Scout Pack 13, Los Padres Council of Boy Scouts of America, led the Flag
Salute.
5. AGENDA REVIEW
Mayor Hill requested, and the Council concurred, to move Item 12.a. up on the Agenda prior to
the public hearing item.
5.a. Closed Session Announcements:
None.
5.b. Ordinances Read in Title Only.
Council Member Barneich moved, Council Member Harmon 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 Declaring April 2018 as "Month of the Child" and "Child
Abuse Prevention Month" and April 7, 2018 as "Day of the Child".
Mayor Hill presented an Honorary Proclamation declaring April 2018 as "Month of the Child" and
"Child Abuse Prevention Month" and April 7, 2018 as "Month of the Child". Maddy Quaglino,
Director of United Methodist Church Children's Center, accepted the Proclamation and
announced upcoming events to be held during Month of the Child.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an
invocation; Val Delaney, commented on problems with parking in the Village, expressed
concern about the lack of parking enforcement and suggested that Neighborhood Services staff
spend a couple of days a week on parking enforcement; Patty Welsh, commented that the
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Tuesday, March 27, 2018
Police Department is enforcing parking restrictions as she recently received a parking ticket,
and also commented on an article written about the drought and water restrictions in Cape
Town, Africa; Robert Olson, commented on the loss of a friend, Terry Cagan, who was an
Arroyo Grande Police Volunteer, and recognized him for his role as Lead Volunteer and
commended him for his contributions to the Police Department and the community. No further
public comments were received. Mayor Pro Tern Ray requested the meeting be adjourned in
Mr. Cagan's honor.
8. CITY MANAGER/DIRECTOR REPORT
City Manager Bergman reported that the City received a letter from the 5Cities Homeless
Coalition with a funding request for the warming shelter and that he would place the request on
a future agenda for consideration; reported that a letter had been received from the Coalition of
Cities requesting a letter in support of Senate Bill (SB) 1090 and stated that due to its time
sensitive nature, he would prepare a letter for the Mayor Pro Tem's signature based on prior
Council direction; and then provided an update on public outreach efforts made regarding
development of the Fiscal Year 2018-20 Budget and presented a brief video produced in-house
by City staff that will be posted on the City's government access channel, website, and social
media platforms.
9. CONSENT AGENDA
Council Member Harmon requested that Items 9.e. and 9.g. be pulled.
Mayor Hill invited public comment on the consent agenda. No public comments were received.
Action: Council Member Barneich moved to approve Consent Agenda items 9.a. through 9.f.,
with the exception of items 9.e. and 9.g., with the recommended courses of action. Mayor Pro
Tem Ray seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Ray, Harmon, Hill
NOES: None
ABSENT: Brown
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period March 1, 2018 through
March 15, 2018.
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 February 28, 2018, 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 for February
2018.
9.d. Consideration of the 2017 General Plan Annual Report.
Recommended Action: Reviewed and accepted the 2017 General Plan Annual Report
and directed staff to forward the report to the Governor's Office of Planning and
Research.
9.f. Consideration of Approval of Amendment to an Agreement for Consultant
Services with Wood Rodgers for the US 101/Brisco Interchange Project.
Recommended Action: Approved and authorized the Mayor to execute Amendment
No. 14 to the Consultant Services Agreement with Wood Rodgers, Inc. to complete the
PA&ED Phase and move the project from the Draft to Final. The compensation amount
of Amendment No. 14 is not to exceed $108,500.
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ITEMS PULLED FROM THE CONSENT AGENDA
9.g. Consideration of Adoption of an Ordinance Adding Section 15.04.032 to Title 15 of
the Arroyo Grande Municipal Code to Create an Expedited Permitting Process for
Electric Vehicle Charging Stations (Staff Project No. 18-002).
Recommended Action: Adopt an Ordinance adding Section 15.04.032 to Title 15 of
the Arroyo Grande Municipal Code (Buildings and Construction) to create an expedited
and streamlined permitting process for electric vehicle charging stations as required by
Government Code Section 65850.7.
City Attorney Whitham read the full title of the Ordinance as follows: "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ARROYO ADDING SECTION 15.04.032 TO TITLE 15 OF
THE ARROYO GRANDE MUNICIPAL CODE (BUILDINGS AND CONSTRUCTION) TO
CREATE AN EXPEDITED AND STREAMLINED PERMITTING PROCESS FOR ELECTRIC
VEHICLE CHARGING STATIONS AS REQUIRED BY GOVERNMENT CODE SECTION
65850.7".
Action: Council Member Barneich moved to adopt the Ordinance as read in title by the City
Attorney. Mayor Pro Tern Ray seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Ray, Hill
NOES: Harmon
ABSENT: Brown
9.e. Consideration of Temporary Use Permit No. 17-024; Authorization to Use City
Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival
and Stampede on May 26 and 27, 2018; Applicant — Arroyo Grande Village
Improvement Association.
Recommended Action: Adopt a Resolution approving Temporary Use Permit 17-024
which includes waiving costs for City services during the Strawberry Festival.
Council asked questions of staff and the applicant regarding the request for City sponsorship of
the event, increased event costs and staff costs associated with the event, and street closures
as is relates to maintaining emergency access.
Bob Lund, Village Improvement Association, spoke about the groups that volunteer during the
event on behalf of their own organizations in which the Village Improvement Association
reimburses them, and responded to questions from Council regarding increased costs for the
event and how revenue received from the event benefits the City.
Mayor Hill invited public comment. Speaking from the public was Patty Welsh, expressed
concerns, commenting that the City is faced with cutting services and stated that the Grizzly
Academy may be able to provide volunteer services for the event. Hearing no further public
comments, Mayor Hill closed the public comment period.
Council comments ensued concerning the request for City sponsorship of the event, waiving
reimbursement of personnel costs the City incurs to conduct the event, and setting a precedent
for other events that may be held in the City.
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Action: Council Member Harmon moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT NO. 17-024; AUTHORIZING THE USE OF CITY PROPERTY AND CLOSURE OF
CITY STREETS FOR THE ANNUAL ARROYO GRANDE STRAWBERRY FESTIVAL AND
STAMPEDE ON MAY 26 AND 27, 2018; APPLIED FOR BY THE ARROYO GRANDE
VILLAGE IMPROVEMENT ASSOCIATION", as modified to add the following recital,
"WHEREAS, the members of the AGVIA will be responsible for costs associated with traffic control,
cleanup, and payment of all related fees and costs for use of City property and City employee time
related to the event." Mayor Pro Tern Ray seconded, and the motion passed on the following
roll-call vote:
AYES: Harmon, Ray, Barneich, Hill
NOES: None
ABSENT: Brown
The next agenda item was heard out of order.
12. NEW BUSINESS
12.a. Consideration of Approval of the Request for Proposals (RFP) for Tourism
Marketing Services.
City Manager Bergman presented the staff report and recommended that the Council review
and approve the distribution of the RFP for tourism marketing services.
Mayor Hill invited public comment. No public comments were received.
Action: Mayor Pro Tem Ray moved to approve the distribution of the RFP for tourism marketing
services. Council Member Barneich seconded, and the motion passed on the following roll-call
vote:
AYES: Ray, Barneich, Harmon, Hill
NOES: None
ABSENT: Brown
10. PUBLIC HEARINGS
10.a. Consideration of Lot Merger 16-001; Conditional Use Permit 16-008; and Mitigated
Negative Declaration; Construction of an Approximately 2,650 Square-Foot Fast-
Food Restaurant with Drive-Thru; Location — 727 El Camino Real (Western Corner
of El Camino Real, Faeh Avenue, and Bell Street); Applicant — ELA Foods, Inc.;
Representative—Oasis Associates.
Community Development Director McClish provided introductory comments. Planning Manager
Downing presented the staff report and recommended that the Council adopt a Resolution
adopting the Mitigated Negative Declaration and approving Lot Merger 16-001 and Conditional
Use Permit 16-008.
Joe Weiland, Omni-Means Traffic Consultant, responded to questions from Council regarding
spacing of traffic signals, ingress and egress locations, and condition 108 regarding study of
potential traffic calming measures within one year of operation of the project.
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Carol Florence, Oasis Associates, representative for the applicant, introduced Nora Sanchez,
Operations Manager from Popeye's, who spoke about Popeye's being a family owned
business. Ms. Florence provided a presentation of the proposed project and requested the
Council approve the project as presented and responded to questions from Council.
Mayor Hill opened the public hearing. Speaking from the public were: David Aguallo, spoke in
opposition to the proposed project, stated he would like to see a different business that would
bring more revenue to the City, and expressed concern with increased traffic impacts; Richard
Bell, spoke in opposition to the proposed project and expressed concerns with the proposed
fencing materials and increased traffic impacts; Val Delaney, spoke in opposition to the project
and expressed concerns with increased traffic impacts; Patty Welsh, spoke in opposition to the
proposed project, and expressed concern with truck delivery hours, decline in property values,
ingress/egress issues, traffic, lighting, and noise impacts next to the adjacent residential
neighborhood; Molly Younger, spoke in opposition to the proposed project and expressed
concerns regarding lighting, traffic, signage, and stated that this business would not generate
much revenue; Chris Wheeler, spoke in opposition to the proposed project and expressed
concern regarding traffic and lighting impacts, parking, and decline in property values; Terry
Tardiff, spoke in opposition to the proposed project, and expressed concern regarding safety,
ingress/egress issues, and a decline in property values; Lori Hunsted, spoke in opposition of the
proposed project, and stated that this project is not the right fit for the proposed site and that a
hotel would bring in more revenue; Matt Vasquez, spoke in opposition to the proposed project,
and expressed concerns as it relates to safety of the neighborhood, traffic impacts, the small
amount of revenue that will be received, and loss of property values; Elliott Drager, spoke in
opposition to the proposed project and expressed concerns relating to traffic and the vision as a
whole for this property; Shirley Gibson, would like to see the owner come back with a
comprehensive plan for the entire property and opposed the drive-thru; and Speaker (did not
state name), spoke in opposition to the proposed project and expressed concerns regarding the
drive-thru, traffic issues, ingress/egress, and aesthetics. Hearing no further public comments,
Mayor Hill closed the public hearing.
Council comments and discussion ensued concerning the proposed project as it relates to signage,
position of the building, impacts to circulation as it relates to ingress/egress to and from the site,
intensity of the proposed drive-thru use, traffic, and noise impacts in proximity to the adjacent
residential neighborhood, suitability and compatibility of the proposed use at this location, and that
the project is inconsistent with the City's General Plan Land Use policies LU5-6, LU5-8 and
Economic Development policy ED-5.
Action: Mayor Pro Tern Ray moved to take tentative action to deny the project and to direct staff to
return at the next meeting with an appropriate Resolution that includes the Council's specific
findings for denial of the project. Council Member Barneich seconded, and the motion passed on
the following roll-call vote:
AYES: Ray, Barneich, Harmon, Hill
NOES: None
ABSENT: Brown
11. OLD BUSINESS
None.
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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 RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Economic Vitality Corporation (EVC)
(3) Tourism Marketing Committee
(4) Community Action Partnership San Luis Obispo (CAPSLO)
(c) COUNCIL MEMBER 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
(d) COUNCIL MEMBER BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(e) COUNCIL MEMBER HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
14. COUNCIL COMMUNICATIONS
Council Member Barneich announced that on May 1, 2018, from 5:00 to 9:00pm, Fin's
Restaurant will be hosting a fundraiser to benefit the 5Cities Homeless Coalition.
Mayor Hill announced that the Annual Spring Egg Hunt will be held at the Elm Street Park on
Saturday.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Richard Kubel commended the Council for their work and expressed his support of the City
Manager.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 9:57 p.m. in honor and memory of Terry Cagan.
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I '
i Hill, Mayor
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