CC 2018-07-24_09f Approval of MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 12, 2018
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the City Council Meeting to order at 6:05 p.m.
2. ROLL CALL
City Council: Council Members Barbara Harmon, Kristen Barneich and Tim Brown,
Mayor Pro Tem Ray, and Mayor 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 Public Works Bill
Robeson, Interim Director of Recreation Services, Chief of Police Beau
Pryor, Director of Community Development Teresa McClish, Associate
Planner Kelly Heffernon, and Planning Manager Matt Downing
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Billy Mitchell, representing South County Presenters Toastmasters, led the Flag Salute.
5. AGENDA REVIEW
Following a brief discussion regarding the order of agenda items, Council Member Harmon moved
to move Item 12.a. up on the Agenda following consideration of the Consent Agenda. Council
Member Brown seconded, and the motion passed unanimously by voice vote.
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member 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
None.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, Arroyo Grande,
expressing concerns regarding impacts to the Miner’s Hardware parking lot during the Strawberry
Festival, concerns regarding traffic on Huasna Road, and requested that law enforcement do
something about the traffic hazards; Todd Mitchell, Grover Beach, stated he is part of the
Spectrum Center using Camp Arroyo Grande and stated they were happy to be back; Fran Askins,
Arroyo Grande, referred to the proposed project on East Cherry Avenue and expressed opposition
to opening up Launa Lane for emergency access; and Coleen Tooley, expressed opposition and
concerns with the proposed project on East Cherry Avenue with regard to traffic and water. No
further comments were received.
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8. CITY MANAGER/DIRECTOR REPORTS
There were no reports.
9. CONSENT AGENDA
In response to questions by Council Member Barneich regarding the Grace Lane Assessment
District (Item 9.g.) as it relates to the large fund balance, Director of Public Works Robeson stated
that there are a number of large capital projects that are managed within the District, including
maintenance every five years of the long driveway to the affordable housing units, maintenance
of the large open space area, and annual weed abatement. Public Works Director Robeson noted
that annual weed abatement generally takes place in May; however, a contract is currently being
negotiated and weed abatement is anticipated to take place in June or July.
Mayor Hill invited public comment on the consent agenda items. No public comments were
received.
Action: Council Member Barneich moved, and Council Member Brown 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: Barneich, Brown, Harmon, Ray, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period May 16, 2018 through
May 31, 2018.
9.b. Consideration of Fiscal Year 2018-19 Appropriation Limit.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE
APPROPRIATION LIMIT FOR FISCAL YEAR 2018-19”.
9.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of May 22, 2018 and
the Special City Council Meeting of May 29, 2018, as submitted.
9.d. Consideration of Amendment No. 1 to Agreement for Consultant Services with
Arroyo Grande & Grover Beach Chamber of Commerce.
Action: Approved and authorized the Mayor to execute Amendment No. 1 to the
Agreement for Consultant Services with the Arroyo Grande & Grover Beach Chamber of
Commerce for administration of the Arroyo Grande Tourism Business Improvement
District.
9.e. Consideration of Resolutions for the 2018 General Municipal Election for the
Election of Certain Officers of the City.
Action: 1) Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2018, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES”; 2) Adopted a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS
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OBISPO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO
BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE”; and 3) Adopted a Resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 2018”.
9.f. Consideration of Resolution Declaring Surplus Property.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING AN EXISTING MILITARY
GENERATOR MOUNTED ON A UTILITY TRAILER AS SURPLUS PROPERTY AND
AUTHORIZING ITS TRANSFER TO THE ALLAN HANCOCK COLLEGE POLICE
ACADEMY”.
9.g. Consideration of Approval of Engineer’s Reports and Adoption of Resolutions
Declaring the City’s Intention to Levy and Collect Assessments for the Parkside
Village Assessment District, Grace Lane Assessment District and Landscaping and
Lighting District No. 1, within Tract 1769, for Fiscal Year 2018-2019.
Action: 1) Approved the Engineers’ Reports for the Parkside Village Assessment District,
Grace Lane Assessment District, and Landscaping and Lighting Assessment District No.
1, within Tract 1769, for Fiscal Year 2018-2019; 2) Adopted Resolutions entitled: “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL ASSESSMENTS
RELATED TO THE PARKSIDE VILLAGE ASSESSMENT DISTRICT FOR FISCAL
YEAR 2018-2019”; “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DECLARING ITS INTENTION TO LEVY AND COLLECT ANNUAL
ASSESSMENTS RELATED TO THE GRACE LANE ASSESSMENT DISTRICT FOR
FISCAL YEAR 2018-2019”; “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE DECLARING ITS INTENTION TO LEVY AND COLLECT
ANNUAL ASSESSMENTS RELATED TO THE ARROYO GRANDE LANDSCAPING
AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN TRACT 1769, FOR FISCAL
YEAR 2018-2019”; and 3) Set a public hearing for June 26, 2018 at 6:00 p.m. for the
Parkside Village Assessment District, Grace Lane Assessment District, and Landscaping
and Lighting Assessment District No. 1, within Tract 1769.
9.h. Consideration of an Award of Contract to G. Sosa Construction, Inc. for
Construction of the 2018 Concrete Repairs Project, PW 2018-03.
Action: 1) Awarded a contract for the 2018 Concrete Repairs Project to G. Sosa
Construction, Inc. in the amount of $128,900; and 2) Authorized the City Manager to
approve change orders for 10% of the contract amount, $12,890 for unanticipated costs
during the construction phase of the project.
9.i. Consideration of an Award of Contract to V. Lopez Jr. & Sons G.E.C., Inc. for
Construction of the 2018 Street Repairs Project, PW 2018-04.
Action: 1) Awarded a contract for the 2018 Street Repairs Project to V. Lopez Jr. & Sons,
G.E.C., Inc. in the amount of $705,350.90; and 2) Authorized the City Manager to approve
change orders for 10% of the contract amount, $70,535.09 for unanticipated costs during
the construction phase of the project.
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9.j. Consideration of Agreement of Lease Renewal for Portion of Car Corral Public
Parking Lot Located Between 103 and 109 E. Branch Street for an Additional Five-
Year Term from August 1, 2018 to July 31, 2023.
Action: 1) Approved the Agreement of Lease ("lease") with The David Family Trust,
Nancy T. Loomis Revocable Living Trust, and the Matthews Children's 1997
Irrevocable Trust; and 2) Authorized the Mayor to execute the lease on behalf of the
City.
The next agenda item was heard out of order.
12. NEW BUSINESS
12.a. Consideration of Options Relating to Amending the Arroyo Grande Municipal Code
Regarding the City Licensing of Cannabis Delivery Services.
City Manager Bergman presented the staff report and recommended the Council: 1) Provide
direction related to the City Council’s intent to prohibit all commercial cannabis activities in the
City other than delivery from businesses that have a legally established premises located outside
of the City Limits; and 2) Provide staff direction to amend Chapter 16.62 of the Arroyo Grande
Municipal Code (AGMC) and repeal the City’s Cannabis Delivery Service licensing provisions in
AGMC Chapter 5.95 of Title 5, so that any State licensed cannabis retailer with its physical
premises located outside of the City can deliver cannabis into the City. Staff responded to
questions from Council.
Cynthia Gonzales and Tami Peluso, representing Elite Care, responded to questions from
Council.
Mayor Hill invited public comment. Speaking from the public were: Teresa Mangano, in support
of Elite Care, explained that her mother has cancer and that alternative methods have helped
keep her mom pain free and stated that delivery service is needed in this area; LeAnn, in support
of Elite Care and about the cannabis industry; Speaker (no name provided), commented that this
is a confusing and complicated issue and stated there is no simple way to harmonize the City
ordinance with State regulations, and encouraged the Council to the extent possible to find a way
to resolve the issue; Tony Batista, Arroyo Grande, in support of medical cannabis and Elite Care
delivery services; Carmen Velasco, in support of Elite Care and the quality delivery services they
provide; Robert Olson, acknowledged that the Council is not wanting to deny Elite Care the ability
to deliver, stated that the issue is where to store the product, and opposed a commercial location
in the City expressing concern about the potential for increased crime; Devin Ward, ALS patient,
spoke about his need for medical cannabis delivery for his treatment; Charlie Doster, in support
of medical cannabis and Elite Care, his experience as a business owner in the City, and
suggested that the Council consider an urgency ordinance to continue allowing delivery services;
Todd Mitchell, in support of medical cannabis and Elite Care’s delivery services, and encouraged
the Council to approve alternative 3 to amend the City’s Municipal Code to allow non-storefront
cannabis retailers to locate their physical premises in the City; Jessica, Arroyo Grande, spoke
about the benefits of medical cannabis and cannabis delivery services; Heidi Seastrand, in
support of Elite Care and medicinal cannabis delivery services; Adam Laurent, in support of
alternative 3 to allow non-storefront cannabis retailers to locate in the City, provided background
information on what other cities have done, and suggested the Council look at an urgency
ordinance; Ginger Johnson, asked the Council to reconsider revocation of Elite Care’s delivery
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permit; Patricia Price, commented that she would hate to lose this resource for medicinal cannabis
delivery and spoke in support of Elite Care; Cynthia Gonzalez, Elite Care, stated she is a medical
cannabis patient, commented on why her business has been put on pause due to changes in
State regulations, urged the Council to allow them to execute their business plan to serve the
residents in Arroyo Grande and supported alternative #3; Tami Peluso, Elite Care, stated that
there is a need for further education with regard to State regulations and urged the Council to
think of the patients and supported alternative #3. No further public comments were received.
Action: Council Member Ray stated she would like to see Elite Care continue to be able to
continue operating temporarily and moved to develop an urgency ordinance that lasts through
December 31, 2018, and along with that, she would like an advisory vote on the ballot in
November with three things: 1) Does the City want premises for cannabis; 2) Does the City want
more than that, such as retail stores, and 3) Does the City want to tax it. Mayor Hill seconded the
motion.
Brief discussion ensued. City Attorney Whitham stated that the State has revoked Elite Care’s
license and the only way the State would reissue the license would be if the City authorized Elite
Care to conduct commercial cannabis activity from the requested location or any other location in
the City. She explained that commercial cannabis activity is prohibited under the City’s Ordinance.
With regard to passing an urgency ordinance, she explained that the Council has to make findings
that the ordinance is necessary for the immediate preservation of the public peace, health, or
safety, include a declaration of the facts that constitute that emergency, and must be passed by
a 4/5 vote of the Council. She stated if the urgency ordinance were challenged, she did not know
if there were a true emergency in this case as there are other avenues for patients to receive their
medication. Following additional Council comments, the motion failed on the following roll-call
vote:
AYES: Ray, Hill
NOES: Brown, Barneich, Harmon
ABSENT: None
Action: Council Member Barneich moved to maintain the prohibition on all commercial cannabis
activity, but modify the Arroyo Grande Municipal Code to instead rely on the new State licensing
and delivery regulations as they relate only to delivery services and to bring that language back
to Council. Council Member Brown seconded, and the motion passed on the following roll-call
vote:
AYES: Barneich, Brown, Harmon
NOES: Ray, Hill
ABSENT: None
Mayor Hill called for a break at 9:58 p.m. The Council reconvened at 10:07 p.m.
10. PUBLIC HEARINGS
10.a. Consideration of Appeal Case No. 18-001; Appeal of Determination Relating to
Conditional Use Permit 18-001; Construction of a 1,784 Square Foot Accessory
Dwelling Unit in the General Agricultural Zoning District; Location - 1212 Flora
Road; Applicant – Murat & Nancy Akalin; Architect – Bill Isaman, Isaman Design.
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Director of Community Development McClish provided introductory comments. Planning Manager
Downing presented the staff report and stated the Planning Commission recommended the City
Council adopt a Resolution denying Appeal Case No. 18-001 and upholding its denial of
Conditional Use Permit 18-001. Staff responded to questions from Council.
Murat Akalin, applicant/appellant, provided a presentation of the amended project and spoke in
support of findings to approve the project.
Mayor Hill opened the public hearing. Speaking from the public was: Vivian Krug-Cotton, stated
she originally opposed the project, but after the applicant agreed to modify the location, she is
now in support of the project; Speaker (did not state name), spoke in support of the project.
Hearing no further public comments, Mayor Hill closed the public hearing.
Action: Council Member Ray moved to adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING APPEAL CASE NO. 18-
001 AND APPROVING CONDITIONAL USE PERMIT 18-001; LOCATED AT 1212 FLORA
ROAD; APPLIED FOR BY MURAT & NANCY AKALIN”, and further, to add wording to the
Resolution that the Council approves the project “as revised and presented to the City Council on
June 12, 2018 as set forth in Exhibit B”. Council Member Barneich seconded, and the motion
passed on the following roll-call vote:
AYES: Ray, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
At 11:00 p.m., pursuant to Council policy, Council Member Barneich moved to continue the
meeting past 11:00 p.m. to 11:30 p.m., Mayor Pro Tem Ray seconded, and the motion passed
unanimously by voice vote.
Mayor Hill requested, and the Council concurred, to move Item 11.b. up on the agenda to
accommodate the consultants that were present to provide presentations.
11. OLD BUSINESS
11.b. Consideration of Proposals for Tourism Marketing Services, Selection of a
Marketing Firm, and Approval of an Agreement for Consultant Services.
Recommended Action: 1) Review proposals received from Catalyst Marketing Company
and Verdin Marketing for AGTBID marketing services; 2) Select a marketing firm; and 3)
Authorize the City Manager to enter into an Agreement for Consultant Services in an
amount not to exceed $165,000 in a form approved by the City Attorney.
City Manager Bergman provided introductory comments and introduced Jocelyn Brennan,
President/CEO, Arroyo Grande Chamber of Commerce.
Ms. Brennan introduced Vern Crow and the marketing team from Catalyst Marketing who
presented their proposal and responded to questions from Council.
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At 11:30 p.m., pursuant to Council policy, Council Member Barneich moved to continue the
meeting until 12:00 a.m. Mayor Pro Tem Ray seconded, and the motion passed unanimously by
voice vote.
Ms. Brennan introduced Mary Verdin and the marketing team from Verdin Marketing who
presented their proposal and responded to questions from Council.
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Ray moved to select Verdin Marketing as the tourism marketing services
firm for the Arroyo Grande Tourism Business Improvement District. Council Member Brown
seconded, and the motion passed on the following roll-call vote:
AYES: Ray, Brown, Barneich, Harmon, Hill
NOES: None
ABSENT: None
Action: Council Member Harmon moved to authorize the City Manager to enter into an
Agreement for Consultant Services in an amount not to exceed $165,000 in a form approved by
the City Attorney. Council Member Barneich seconded, and the motion passed on the following
roll-call vote:
AYES: Harmon, Barneich, Brown, Ray, Hill
NOES: None
ABSENT: None
At 12:00 a.m., pursuant to Council policy, Council Member Barneich moved to continue the
meeting until 12:10 a.m. Council Member Harmon seconded, and the motion passed
unanimously by voice vote.
11.a. Consideration of Fiscal Year 2018-19 and 2019-20 Biennial Budget.
Director of Administrative Services Malicoat presented the staff report and recommended the
Council adopt a Resolution approving the FY 2018-20 Biennial Budget. Staff responded to
questions from Council.
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Barneich moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR
2018-19 AND FISCAL YEAR 2019-20 BIENNIAL BUDGET AND MAKING APPROPRIATIONS
FOR THE AMOUNT BUDGETED”. Council Member Brown seconded, and the motion passed
on the following roll-call vote:
AYES: Barneich, Brown, Harmon, Ray, Hill
NOES: None
ABSENT: None
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13. COUNCIL COMMUNICATIONS
Mayor Pro Tem Ray requested a discussion item regarding the placement of an advisory measure
on the November ballot be placed on the next meeting agenda. Council Member Brown
concurred.
14. COMMUNITY COMMENTS AND SUGGESTIONS
None.
15. CLOSED SESSION
None.
16. ADJOURNMENT
Mayor Hill adjourned the meeting at 12:09 a.m.
________________________________________
Jim Hill, Mayor
ATTEST:
________________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ___________)
Item 9.f. - Page 8
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 26, 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 Barbara Harmon, Kristen Barneich, Tim Brown, Mayor
Pro Tem Caren Ray 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 Public Works Bill
Robeson, Director of Community Development Teresa McClish, Chief of
Police Beau Pryor, Interim Director of Recreation Services Sheridan
Bohlken, and Associate Planner Kelly Heffernon.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Nancy Depue, representing Arroyo Grande Rotary Club, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements:
None.
5.b. Ordinances Read in Title Only.
Council Member Barneich moved, Council Member 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.
6. SPECIAL PRESENTATIONS
6.a. Introduction and Oath of Office – Police Officer Timothy Ramirez.
Police Chief Pryor introduced Police Officer Timothy Ramirez, highlighted his educational and
professional background, and facilitated the badge pinning ceremony. City Clerk Wetmore
administered the Oath of Office to Officer Ramirez.
6.b. Honorary Proclamation Declaring July 2018 as “Parks Make Lives Better” Month.
Mayor Hill presented an Honorary Proclamation declaring July 2018 as “Parks Make Lives Better”
Month. Sheridan Bohlken, Recreation Services Director, accepted the Proclamation.
6.c. Presentation Regarding Progress of Climate Action Plan Implementation.
Teresa McClish, Community Development Director, introduced Chris Turner, Permit Technician,
who gave a presentation on the progress of the Climate Action Plan Implementation and
responded to questions from Council.
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7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an
invocation; Bob Blair, provided an update on the adjudicated water basin and supplemental water
that is being brought into Nipomo, expressed concerns about the money being spent on litigation,
and requested the area City Managers contact the Nipomo Community Services District General
Manager to resolve the issues; Robert Olson, commented on the Climate Action Plan
presentation; and Patty Welsh, expressed concern about her efforts in trying to bring concerns to
the Traffic Commission without any success regarding the line of sight problem on Huasna Road.
No further public comments were received.
8. CITY MANAGER/DIRECTOR REPORTS
City Manager Bergman announced new City Hall hours starting July 6th to close City Hall on
Fridays to allow uninterrupted time for staff to complete work, noted that staff will be looking into
a drop box for plans or other items to be dropped off, stated that this effort is part of the actions
to implement the budget and create a sustainable financial situation in the face of rising
expenditures, noted the new City Hall posted hours would be Monday through Thursday, 8:00 am
to 5:00 pm, closed on Friday, and the closure would not affect the Public Works, Police or
Recreation Services Departments. He also announced that City staff is parking off-site and that
the City Hall parking lot is now designated for public parking; and lastly, he reported that the final
actions for refinancing the Successor Agency’s previous Redevelopment Agency bonds resulted
in an increase to the City’s bond rating, will save $70,000 in interest equating to $1.4 million over
20 years, and reduce the principal by approximately $5,000.
9. CONSENT AGENDA
Mayor Pro Tem Ray requested that Item 9.d. be pulled. Council Member Barneich requested that
Item 9.e. be pulled and also complimented Utilities Manager Taylor on the new bar graph in the
Monthly Water Supply and Demand report (Item 9.f.).
Mayor Hill invited public comment on the remaining items. 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.d. and 9.e., with the recommended courses of action. Council
Member Brown seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Brown, Harmon, Ray, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period June 1, 2018 through
June 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 May 31, 2018, as required by Government Code Section 53646(b).
9.c. Consideration of Termination of Fire Dispatching Agreement with the City of Grover
Beach.
Action: Waived the ninety-day notice requirement and agreed to terminate the current
agreement with the City of Grover Beach for Fire, Rescue, and Emergency Medical Aid
Dispatching, effective June 30, 2018.
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9.f. Monthly Water Supply and Demand Update.
Action: Received and filed the monthly Water Supply and Demand Report.
ITEMS PULLED FROM THE CONSENT AGENDA
Prior to consideration of Item 9.d., Assistant City Attorney Hirsch reported, pursuant to
Government Code Section 54953, that this item includes a recommendation to increase the City
Manager, Department Director and other certain management employees’ salaries by 2%
beginning July 13, 2018 and another 2% beginning July 12, 2018, and that it also includes an
increase in the contribution toward health insurance.
9.d. Consideration of Resolutions Establishing Salary and Benefits for Management for
FY 2018-19 and 2019-20 and Part-Time Employees for FY 2018-19.
Recommended Action: 1) Adopt a Resolution modifying pay rates and benefits for
unrepresented management employees; and 2) Adopt a Resolution modifying pay rates
and benefits for unrepresented part-time employees.
In response to questions by Mayor Pro Tem Ray, Director Malicoat confirmed that the proposed
modifications are for the unrepresented employees and is commensurate with what the other
employees across the organization received, and that the funding is included in the recently
adopted FY 2018-20 Biennial Budget.
Mayor Hill invited public comment. No public comments were received.
Action: Mayor Pro Tem Ray moved to adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING WAGES AND
BENEFITS FOR MANAGEMENT EMPLOYEES FOR FISCAL YEARS 2018-19 AND 2019-20”;,
and 2) Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING COMPENSATION ADJUSTMENTS FOR PART-TIME
EMPLOYEES”. Council Member Barneich seconded, and the motion passed on the following
roll-call vote:
AYES: Ray, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
9.e. Consideration of a Resolution Amending the Existing Pledge to Follow Best
Practices of Civility and Civil Discourse in Order to Include a Regional Code of
Civility.
Recommended Action: Adopt a Resolution amending the existing pledge to follow best
practices of civility and civil discourse in all of its meetings.
Council Member Barneich suggested that the Resolution include the City Commission,
Committee, and Board Members. Council Member Harmon suggested, and Mayor Hill concurred,
that the Resolution be included in new Commissioner training.
Mayor Hill invited public comment. Speaking from the public were: Sharon Kimball and Deb
Humphreys, League of Women Voters of San Luis Obispo County, in support of the proposed
Resolution to adopt a Regional Code of Civility. No further public comments were received.
Based on Council comments, City Manager Bergman suggested that he send a memorandum to
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all commissions and advisory boards regarding the Council’s leadership in civil discourse and its
commitment to the Pledge, ask them to review and adopt the Pledge as a body, and to implement
a policy to present the Civility Pledge to all newly appointed commissioners as part of their
training.
Action: Mayor Hill moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE EXISTING PLEDGE TO
FOLLOW BEST PRACTICES OF CIVILITY AND CIVIL DISCOURSE IN ALL MEETINGS” as
modified to include City Commission, Committee, and Board Members. Council Member Harmon
seconded, and the motion passed on the following roll-call vote:
AYES: Hill, Harmon, Brown, Barneich, Ray
NOES: None
ABSENT: None
10. PUBLIC HEARINGS
10.a. Consideration of Resolutions Directing the Levy of the Annual Assessments for the
Parkside Village Assessment District, Grace Lane Assessment District and
Landscaping and Lighting District No. 1, within Tract 1769, for Fiscal Year 2018-
2019.
City Manager Bergman introduced the item and provided background on the item. Public Works
Director Robeson presented the staff report and recommended that the Council: 1) Conduct a
public hearing for the levy and collection of assessments for the Parkside Village Assessment
District, Grace Lane Assessment District, and Landscaping and Lighting Assessment District No.
1, within Tract 1769; 2) Adopt a Resolution directing the levy of the annual assessment for the
Parkside Village Assessment District pursuant to the Landscaping and Lighting Act of 1972
(Streets and Highways Code Sections 22500 et. seq.) for Fiscal Year 2018-2019; 3) Adopt a
Resolution directing the levy of the annual assessment for the Grace Lane Assessment District
pursuant to the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections
22500 et. seq.) for Fiscal Year 2018-2019; and 4) Adopt a Resolution directing the levy of the
annual assessment for the Landscaping and Lighting Assessment District No. 1 pursuant to the
Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500 et. seq.)
within Tract 1769, for Fiscal Year 2018-2019. Staff responded to questions from Council.
Mayor Hill declared a conflict of interest due to ownership of real property in the Grace Lane
neighborhood and stated he would recuse himself from discussing and voting on that portion of
the item.
Mayor Hill opened the public hearing. Speaking from the public was: Bob, Grace Lane resident,
commented on how the assessment is used for fire control of the open space area, noted that the
money that they are paying into the District is benefiting the property owners on Rodeo Drive, and
asked how much money has been accumulated and how much has been spent since the
Assessment District has been formed. Hearing no further public comments, Mayor Hill closed the
public hearing.
Item 9.f. - Page 12
Minutes: City Council Meeting Page 5
Tuesday, June 26, 2018
Action: Council Member Harmon moved to: 1) Adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DIRECTING THE LEVY of the
ANNUAL ASSESSMENTS RELATED TO THE PARKSIDE VILLAGE ASSESSMENT
DISTRICT PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS
AND HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2018-2019”; and 2)
Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE Directing the LEVY of the ANNUAL ASSESSMENTS RELATED TO THE
ARROYO GRANDE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1, WITHIN
TRACT 1769, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS
AND HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2018-2019”. Council
Member Brown seconded, and the motion passed on the following roll-call vote:
AYES: Harmon, Brown, Barneich, Ray, Hill
NOES: None
ABSENT: None
Action: Council Member Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE DIRECTING THE LEVY OF THE
ANNUAL ASSESSMENTS RELATED TO THE GRACE LANE ASSESSMENT DISTRICT
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 (STREETS AND
HIGHWAYS CODE SECTIONS 22500 ET. SEQ.) FOR FISCAL YEAR 2018-2019”. Council
Member Barneich seconded, and the motion passed on the following roll-call vote:
AYES: Harmon, Barneich, Brown, Ray
NOES: None
ABSENT: Hill (recused)
10.b. Consideration of a Resolution Updating Operating Fees Set Forth in the Master Fee
Schedule.
Administrative Services Director Malicoat presented the staff report and recommended that the
Council adopt a Resolution updating operating fees set forth in the Master Fee Schedule, effective
August 27, 2018. Staff responded to questions from Council.
Mayor Hill opened the public hearing. Hearing no public comments, Mayor Hill closed the public
hearing.
Action: Council Member Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPDATING OPERATING FEES SET
FORTH IN THE MASTER FEE SCHEDULE”. Council Member Barneich seconded, and the motion
passed on the following roll-call vote:
AYES: Harmon, Barneich, Brown, Ray, Hill
NOES: None
ABSENT: None
11. OLD BUSINESS
None.
Item 9.f. - Page 13
Minutes: City Council Meeting Page 6
Tuesday, June 26, 2018
12. NEW BUSINESS
12.a. Consideration of an Ordinance Amending Section 2.44.020 (Personnel Officer –
Powers and Duties) of the Arroyo Grande Municipal Code.
Administrative Services Director Malicoat presented the staff report and recommended that the
Council introduce an Ordinance amending Section 2.44.020 of Title 2 of the Arroyo Grande
Municipal Code relating to preparation of position classification plans by the Personnel Officer.
Mayor Hill invited public comment. No public comments were received.
Assistant City Attorney Hirsch read the full title of the Ordinance as follows: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 2.44.020
OF TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO PREPARATION
OF POSITION CLASSIFICATION PLANS BY THE PERSONNEL OFFICER”.
Action: Council Member Brown moved to introduce the Ordinance as read by the City Attorney.
Mayor Pro Tem Ray seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Ray, Barneich, Harmon, Hill
NOES: None
ABSENT: None
12.b. Consideration of Second Amendment to Agreement with Habitat for Humanity to
Contribute up to $100,000 of the City’s In-Lieu Affordable Housing Funds to Cover
City Tentative Tract Map Application Fees and Other City Permit Fees for a Very
Low Income Housing Project to Subdivide a 0.50-Acre Site into Eight (8) Lots;
Location – 184 Brisco Road; Applicant – Habitat for Humanity for San Luis Obispo
County.
Community Development Director McClish provided introductory comments. Associate Planner
Heffernon presented the staff report and recommended that the Council approve a Second
Amendment to the Affordable Housing Agreement contributing up to $110,000 of the City’s In-
Lieu Affordable Housing Funds to be used to pay City related fees for the 184 Brisco Road project.
Staff responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public was Scott Stokes, representing
Habitat for Humanity, who responded to questions from Council and clarified qualifications for
potential homebuyers. No further public comments were received.
Action: Mayor Pro Tem Ray moved to approve a Second Amendment to the Affordable Housing
Agreement contributing up to $110,776.16 of the City’s In-Lieu Affordable Housing Funds to be
used to pay City related fees for the 184 Brisco Road project. Mayor Hill seconded, and the
motion passed on the following roll-call vote:
AYES: Ray, Hill, Brown, Barneich, Harmon
NOES: None
ABSENT: None
Item 9.f. - Page 14
Minutes: City Council Meeting Page 7
Tuesday, June 26, 2018
12.c. Research Related to the Placement of Advisory Measure(s) on the Ballot During an
Election.
City Manager Bergman presented the staff report and recommended that the Council provide
direction to staff on whether or not to proceed with consideration of advisory measure(s) on the
topic of commercial cannabis to appear on the November 2018 General Municipal Election ballot.
Staff responded to questions from Council.
Mayor Hill invited public comment. No public comments were received.
Council discussion ensued against moving forward to place advisory measures regarding
cannabis activities on the November ballot as there was not sufficient time to sufficiently prepare
something meaningful for the voters to consider; that the City should wait until the State stabilizes
its cannabis regulations, that the City Council should be focused on currently established
priorities, that there is no harm in waiting, that last year the Council decided against allowing
commercial cannabis businesses in the City, and that it could be more beneficial to wait for a
Presidential election when there is better voter turnout.
No formal action was taken on this item.
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)
Item 9.f. - Page 15
Minutes: City Council Meeting Page 8
Tuesday, June 26, 2018
(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
Mayor Hill reported that the Fair Political Practices Commission (FPPC) sent a response to his
request regarding his ability to participate in the Brisco Road Interchange project and they have
determined he has a conflict of interest; therefore, he will be recusing himself from any decisions
related to the project.
Council Member Brown requested that City Manager Bergman follow up on the Family Care
Network remodel project to see if they can invite the Council to come and see the facility.
In response to a question by Mayor Pro Tem Ray, City Manager Bergman clarified staff’s effort to
provide a drop box at City Hall for customers to drop off plans and documents during Friday
closures. Mayor Pro Tem Ray requested an update be provided at the next meeting.
In response to a question by Council Member Barneich regarding the line of sight issue on Hwy
227 at Gularte Road, City Manager Bergman stated the Staff Advisory Committee would be
reviewing the issue to determine a solution.
15. COMMUNITY COMMENTS AND SUGGESTIONS
None.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 9:41 p.m.
________________________________
Jim Hill, Mayor
ATTEST:
________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg _____________)
Item 9.f. - Page 16