Minutes 2018-07-24 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JULY 24, 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 and Kristen Barneich, 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 Administrative Services Debbie Malicoat, Director of Public Works Bill
Robeson, Director of Community Development Teresa McClish, and
Chief of Police Beau Pryor.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Ken Dalebout, representing Arroyo Grande Community Hospital, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements:
None.
5.b. Ordinances Read in Title Only.
Council Member Barneich moved, Mayor Pro Tern 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.
6. SPECIAL PRESENTATIONS
None.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Sharlotte Wilson, who
offered an invocation; Geri Edwards, regarding the large number of wildfires in California,
stated that safe and sane fireworks are a fire hazard and requested that the Council consider
having a public hearing to ban all fireworks due to the unnecessary fire hazard; Tim Storton,
regarding curb, gutter and sidewalk improvements that are needed on Newman Drive and
requested that the Council consider proposed solutions; and Coleen Kubel, on behalf of
Francisco's Country Kitchen, regarding the City's building permit process, the backlog of
applications in the Building and Engineering Divisions, that there is a lot of money in fees to
be collected; and that the City needs to keep the businesses in Arroyo Grande. No further
public comments were received.
Minutes: City Council Meeting Page 2
Tuesday, July 24, 2018
8. CITY MANAGER/DIRECTOR REPORTS
City Manager Bergman provided status updates on capital improvement projects including
James Way street repairs, new sidewalk construction near Harloe Elementary School, and
the new roof on the restroom building at Strother Park; provided an update on the
Memorandum of Agreement regarding the Five Cities Fire Authority JPA; and reported that
he sent a letter of support for the City of Pismo Beach's application for Federal funds for the
Central Coast Blue project.
9. CONSENT AGENDA
Council Member Harmon requested that Item 9.c. be pulled, and Mayor Hill requested that
Item 9.h. be pulled.
City Attorney Whitham read the full title of the Ordinance in Item 9.e., 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".
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.p., with the exception of Items 9.c. and 9.h., with the recommended courses of action.
Council Member Harmon seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Harmon, Ray, Hill
NOES: None
ABSENT: Brown
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period June 16, 2018 through
July 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 June 30, 2018, as required by Government Code Section
53646(b).
9.d. Consideration of Purchase Order for Tyler Technologies ExecuTime Software
Module.
Action: Approved a purchase order with Tyler Technologies for the purchase and
implementation of the ExecuTime time and attendance module, not to exceed
$33,530.
9.e. Consideration of Ordinance Amending Section 2.44.020 (Personnel Officer —
Powers and Duties) of the Arroyo Grande Municipal Code.
Action: Adopted an Ordinance entitled: "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".
Minutes: City Council Meeting Page 3
Tuesday, July 24, 2018
9.f. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meetings of June 12, 2018
and June 26, 2018, as submitted.
9.g. Consideration of Temporary Use Permit 18-013; Authorizing Closure of City
Streets and Use of City Property for the 81st Annual Arroyo Grande Valley
Harvest Festival, Friday and Saturday, September 28-29, 2018; Applicant -Anne
McCracken.
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
18-013, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY
PROPERTY FOR THE 81ST ANNUAL ARROYO GRANDE VALLEY HARVEST
FESTIVAL".
9.i. Consideration of an Agreement for Consultant Services with Beacon Integrated
Professional Resources, Inc., DBA Hamner, Jewell & Associates for Right of
Way Acquisition and Appraisal Services for the Bridge Street Bridge
Rehabilitation Project.
Action: 1) Approved an Agreement for Consultant Services with Beacon Integrated
Professional Resources, Inc., dba Hamner, Jewell & Associates in the amount of
$30,942.04; and 2) Authorized the Mayor to sign the Agreement.
9.j. Consideration of Program Supplement Agreement No. R17 to Administering
Agency-State Master Agreement No. 00190S and Authorization to Distribute a
Request for Proposals for Systemic Safety Analysis Report Program.
Action: 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE AUTHORIZING THE MAYOR TO EXECUTE
PROGRAM SUPPLEMENT AGREEMENT NO.R17 TO ADMINISTERING AGENCY-
STATE MASTER AGREEMENT NO. 00190S FOR THE SYSTEMIC SAFETY
ANALYSIS REPORT (SSAR) PROGRAM"; and 2) Directed staff to prepare and
distribute a Request for Proposals for consultant services to provide engineering
services for the preparation of the SSAR.
9.k. Consideration of Revised Master Agency-State Agreement for Federal-Aid
Project No. 05-5199F15 and Program Supplement Agreement No. F017 for
Federal Aid Project No. 05-5199F15 and Authorization to Distribute a Request
for Proposals for Engineering Design and Environmental Services for the Traffic
Way Bridge Replacement Project.
Action: 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE AUTHORIZING THE MAYOR TO EXECUTE
A REVISED MASTER AGENCY-STATE AGREEMENT AND PROGRAM
SUPPLEMENT AGREEMENT NO. F017 FOR FEDERAL-AID PROJECT NO. 05-
5199F15 FOR THE TRAFFIC WAY BRIDGE REPLACEMENT PROJECT"; and 2)
Directed staff to prepare and distribute a request for proposals for consultant services
to provide engineering design and environmental services.
•
9.1. Monthly Water Supply and Demand Update.
Action: Received and filed the monthly Water Supply and Demand Report.
9.m. Authorization to Purchase Water Meters.
Action: Approved the purchase of water meters from Aqua Metric in the amount of
$41,000 during FY 2018/19.
Minutes: City Council Meeting Page 4
Tuesday, July 24, 2018
9.n. Consideration to Approve a Purchase Order with Wallace Group for Fats, Oils
and Grease (FOG) Program Administration and Inspection.
Action: Approved a purchase order with Wallace Group in an amount not to exceed
$27,000 for the administration and inspection of the City's FOG Program.
9.0. Consideration to Authorize Staff to Exercise the Option to Extend the
Agreement with Water Systems Consulting, Inc. to Provide Staff Extension
Services for the Northern Cities Management Area Technical Group for FY 2018-
19.
Action: Approved the option to extend an Agreement with Water Systems Consulting,
Inc. for an additional year, in an amount not to exceed $32,000.
9.p. 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 Diane D. Pfarr Family
Trust, the Gaddis Family Trust, the Nancy T. Loomis Revocable Living Trust; and
Oliver V. Loomis Matthews, Lucky K. Matthews, Sandy Matthews, and Eddie S.
Matthews; and 2) Authorized the Mayor to execute the lease on behalf of the City.
ITEMS PULLED FROM THE CONSENT AGENDA
9.c. Consideration of a Side Letter of Agreement to the Arroyo Grande Police
Officers' Association Memorandum of Understanding.
Recommended Action: Adopt a Resolution approving a side letter of agreement to
the Arroyo Grande Police Officers' Association Memorandum of Understanding.
In response to a question by Council Member Harmon, Administrative Services Director
Malicoat explained how the annual cost savings of$109,000 would be achieved through the
proposed restructuring of positions as well as through a reduction in retirement costs.
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Harmon moved to adopt a Resolution entitled: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SIDE
LETTER OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS'
ASSOCIATION MEMORANDUM OF UNDERSTANDING". Council Member Barneich
seconded, and the motion passed on the following roll-call vote:
AYES: Harmon, Barneich, Ray, Hill
NOES: None
ABSENT: Brown
9.h. Consideration of a Resolution Authorizing the Community Development
Director to Submit an Application for the Active Transportation Program Cycle
4 Grant and Execute any Agreements for the Use of Grant Funds for
Implementation of the Halcyon Road Complete Streets Plan (Staff Project 18-
006).
Minutes: City Council Meeting Page 5
Tuesday, July 24, 2018
Recommended Action: Adopt a Resolution authorizing the Community Development
Director to submit an application for the Active Transportation Program Cycle 4 Grant
and execute any agreements necessary for the use of grant funds.
In response to a request by Mayor Hill, Community Development Director McClish provided
a brief status report on the Halcyon Road Complete Streets Plan project.
Mayor Hill invited public comment. No public comments were received.
Action: Mayor Hill moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO SUBMIT AN APPLICATION FOR THE ACTIVE
TRANSPORTATION PROGRAM CYCLE 4 GRANT AND EXECUTE ANY AGREEMENTS
NECESSARY FOR THE USE OF GRANT FUNDS". Mayor Pro Tern Ray seconded, and the
motion passed on the following roll-call vote:
AYES: Hill, Ray, Barneich, Harmon
NOES: None
ABSENT: Brown
10. PUBLIC HEARINGS
10.a. Consideration of Development Code Amendment Case No. 18-002;
Amendments to Chapter 16.62 of Title 16 and Repealing Chapter 5.95 of Title 5
of the Arroyo Grande Municipal Code Relating to Cannabis Delivery Services;
Location —Citywide; Applicant—City of Arroyo Grande.
Community Development Director McClish presented the staff report and recommended that
the Council introduce an Ordinance amending Chapter 16.62 of Title 16 and repealing
Chapter 5.95 of Title 5 of the Arroyo Grande Municipal Code relating to cannabis delivery
services. Staff responded to questions from Council.
Mayor Hill opened the public hearing. Speaking from the public were: Keith Storton, regarding
cannabis regulations and supported the proposed Ordinance; and Patty Welsh, regarding
black market marijuana being sold in the City. Hearing no further public comments, Mayor
Hill closed the public hearing.
Council comments ensued regarding the proposed Ordinance. Mayor Hill expressed concerns
regarding the law of unintended consequences and giving up the possibility of tax revenue by
not being willing to provide a premises and that it could lead to less respect for the law.
Action: Council Member Harmon moved to introduce an Ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER
16.62 OF TITLE 16 AND REPEALING CHAPTER 5.95 OF TITLE 5 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATING TO CANNABIS DELIVERY SERVICES". Council
Member Barneich seconded, and the motion passed on the following roll-call vote:
Minutes: City Council Meeting Page 6
Tuesday, July 24, 2018
AYES: Harmon, Barneich, Ray
NOES: Hill
ABSENT: Brown
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 (Note: Pursuant to Health & Safety
Code Section 34179, commencing July 1, 2018, all Oversight Boards in
the County of San Luis Obispo will be replaced by one Oversight Board
managed by the County).
(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)
Minutes: City Council Meeting Page 7
Tuesday, July 24, 2018
14. COUNCIL COMMUNICATIONS
Council Member Barneich referred to the Homeless Forum suggested that staff speak with
Chief Pryor to see if a similar event would be fruitful for our community; stated she spoke with
Grover Beach Council Member Shaw regarding a potential joint meeting regarding the Grand
Avenue corridor; and requested a future discussion agenda item to discuss the days that safe
and sane fireworks are allowed to be used within the City of Arroyo Grande. Mayor Hill
supported the request. In response to a question by City Manager Bergman regarding a
timeframe for bringing back the item, Council Member Barneich suggested within the next six
months. Council Member Harmon noted the inconsistency among the various surrounding
jurisdictions regarding the allowable hours that fireworks are sold and that it will be important
to bring the item back prior to the beginning of the fireworks process as it relates to the permit
process and vendors ordering product.
Mayor Pro Tem Ray expressed concern regarding processing delays in the Engineering
Division due to workload and vacant positions, and inquired whether applicants could have
the option to request an outside evaluation from one of the City's consultants at the applicant's
expense; emphasized the League of California Cities as an important resource for the City,
expressed concern that during the budget process the Council elected to cancel the City's
League membership and indicated that at the end of this fiscal year she will be requesting
the Council reconsider its membership with the League; and announced that Arroyo Grande
High School put together a water polo team consisting of local athletes throughout the County
of San Luis Obispo who spent the summer qualifying for the National Junior Olympics and
announced they finished 16th out of 24 teams in their Division.
Mayor Hill concurred with Mayor Pro Tem Ray's request to look for solutions or additional
resources regarding the backlog in the Engineering Division; agreed with concerns expressed
regarding the substantial increase in the use of illegal fireworks in the community, the
difficulties of enforcement, and asked the residents to continue to respect their neighbors
when it comes to using fireworks; expressed disappointment that the Oceano Community
Services District is not taking a tax measure to the voters for fire protection; announced that
he attended the Mid-State Fair in Paso Robles and acknowledged the Showcase of Cities
Exhibit that included the City of Arroyo Grande; referred back to City funding issues and
suggested that staff look into the medical insurance provided to the Council; and encouraged
residents to bring forward any funding ideas for sidewalk maintenance/repairs.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Coleen Kubel, referred to and commended the work of the City's contract inspector; Tim
Storton, stated he looked forward to working with City staff and presenting his ideas regarding
solutions for sidewalks in rural areas; and Keith Storton, thanked City Planning Manager Matt
Downing for picking up trash before hours on his way to work and commented that several
City employees involve themselves in a lot of volunteer work in the community.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 9:41 p.m.
Minutes: City Council Meeting Page 8
Tuesday, July 24, 2018
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Ji Hill, Mayor
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Kelly A et/'ore, City Clerk
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