CC 2018-08-28_09c Approval of CC Minutes_8-14-18ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 14, 2018
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council: Council Members Barbara Harmon and Tim Brown, Mayor Pro Tem
Ray, and Mayor Hill were present. Council Member Kristen Barneich
was absent.
Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham , Director
of Legislative and Information Services/City Clerk Kelly Wetmore,
Interim Director of Recreation Services Sheridan Bohlken, Chief of
Police Beau Pryor, Director of Community Development Teresa
McClish, and Utilities Manager Shane Taylor
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Terry Orton, representing Arroyo Grande Lions Club, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member Brown 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. Mayor’s Commendation in Recognition of Arroyo Grande In Bloom.
Mayor Hill presented a Mayor’s Commendation in recognition and appreciation of Arroyo
Grande in Bloom’s work in trimming and pruning the many trees and bushes outside the
Recreation Services Department. Laurie Waller, representing Arroyo Grande in Bloom,
accepted the Commendation and spoke about the organization’s history and beautification
improvements in the City.
6.b. Mayor’s Commendations Recognizing Joey Bradbury and Justin Negrete for
their Participation in the 2018 JB Dewar Tractor Restoration Competition.
Mayor Hill presented Mayor’s Commendations to Joey Bradbury and Justin Negrete, “Team
Arroyo Grande”, recognizing their participation in the 2018 Mid-State Fair JB Dewar Tractor
Restoration competition and congratulated them for receiving the 1st Place Award for the
restoration of a 1948 Ford 8N tractor.
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7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation; Amber Johnson, on behalf of the No on Measure G Coalition opposing the oil and
gas shutdown initiative and encouraged the Council to remain neutral on the matter and let
the voters decide the issue; Ken Price, commented on the amount of water used in the City,
and also thanked staff for its efforts in resolving biking issues in the City; Shirley Gibson,
expressed concern regarding national politics and racism witnessed in the City, asked if the
Police Chief has information on whether these types of incidents are being reported and
tracked, and suggested the Police Department provide public education on the issue; Patty
Welsh, regarding her request for a Traffic Commission item and stated she did not understand
why meetings are being cancelled; and Patricia Price, referred to previous public comment
regarding racism and noted there are online reference materials on how to de-escalate
incidents, and also commented on the Five Cities Fire Authority lawsuit and requested the
Council to speak on the issue if possible. No further comments were received.
8. CITY MANAGER/DIRECTOR REPORTS
City Manager Bergman introduced Community Development Director McClish who provided
a status update on the City’s permitting activity and current caseload in the Building, Planning
and Engineering Divisions of the Community Development Department and responded to
questions from Council.
Mayor Hill invited public comment. Speaking from the public was Coleen Kubel, who
commented that she is glad the workload is being looked at and suggested that minor
corrections on plans be allowed at the counter to avoid long wait times for plans to be
returned. No further public comments were received.
9. CONSENT AGENDA
Mayor Hill requested that Item 9.f. be pulled for a separate vote, and requested City Manager
Bergman provide a brief overview of Item 9.e.
City Manager Bergman provided a brief overview of Item 9.e. regarding the County Animal
Services Shelter project.
Mayor Hill invited public comment on the consent agenda items. No public comments were
received.
Action: Council Member Brown moved, and Mayor Pro Tem Ray seconded the motion to
approve Consent Agenda Items 9.a. through 9.e., with the exception of Item 9.f., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Brown, Ray, Harmon, Hill
NOES: None
ABSENT: Barneich
9.a. Consideration of Cash Disbursement Ratification
Action: Ratified the listing of cash disbursements for the period July 16, 2018 through
July 31, 2018.
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9.b. Consideration of Amendment No. 1 to Agreement for Countywide Animal
Services Shelter
Action: Approved and authorized the City Manager to execute Amendment No. 1 to
the Agreement for Allocation of Construction and Financing Costs for a Countywide
Animal Services Shelter.
9.c. Consideration of Approval of Minutes
Action: Approved the minutes of the Regular City Council Meeting of July 24, 2018,
as submitted.
9.d. Consideration of Acceptance of the 2018 Concrete Repairs Project, PW 2018-03
Action: 1) Accepted the project improvements as constructed by G. Sosa
Construction, Inc. in accordance with the plans and specifications for the 2018
Concrete Repairs Project, PW 2018-03; 2) Directed staff to file a Notice of Completion;
and 3) Authorized release of retention, thirty-five (35) days after the Notice of
Completion has been recorded, if no liens have been filed.
9.e. Consideration of Acceptance of the City of Arroyo Grande and Woman’s Club
Community Center Site Accessibility Improvements Project, PW 2016-10
Action: 1) Accepted the project improvements as constructed by RK&G Construction,
Inc. in accordance with the plans and specifications for the City of Arroyo Grande and
Woman’s Club Community Center Site Accessibility Improvements Project, PW 2016-
10; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of
retention, thirty-five (35) days after the Notice of Completion has been recorded, if no
liens have been filed.
ITEMS PULLED FROM THE CONSENT AGENDA
9.f. Consideration of Adoption of Ordinance - 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: and
Opposition Letter to the Bureau of Cannabis Control.
Recommended Action: 1) Adopt the 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; and 2) Authorize the City Manager to send a letter to the
Bureau of Cannabis Control opposing new cannabis regulations as they relate to
delivery and the time for cities to verify if a licensee has obtained the necessary local
approvals.
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 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”.
Mayor Hill stated that based on public comment previously received, he still has a number of
reservations about repealing the Ordinance including concern that medical patients in the
City will continue to receive their medications; that there is a loss of local control; that there
is no ability for the collection of sales tax; and suggested the City should amend the Ordinance
to allow deliveries from a non-retail premise in the City. Staff responded to questions from
Council.
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Action: Council Member Brown moved, and Mayor Pro Tem Ray seconded the motion to
approve Item 9.f. as proposed to adopt the Ordinance as read by title and authorize the City
Manager to send a letter to the Bureau of Cannabis Control. The motion passed on the
following roll-call vote:
AYES: Brown, Ray, Harmon
NOES: Hill
ABSENT: Barneich
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Annual Report for the 2017 Northern Cities Management Area.
Utilities Manager Taylor presented the staff report and recommended the Council receive and
file the 2017 Northern Cities Management Area annual report. Staff responded to questions
from Council.
Mayor Hill invited public comment. Speaking from the public was: Jim Guthrie, commented
that Agricultural use is key and asked how they account for the water Agricultural users take
directly from the creek, what is the basis of the water use, and what is the timeline for the
Central Coast Blue project; and Ken Price, asked about the timeline for when the recycle
plant will be up and running. No further public comments were received.
No formal action was taken. The Annual Report was received and filed.
12.b. Consideration of an Ordinance Amending the Arroyo Grande Municipal Code to
Disband the Traffic Commission, Parks and Recreation Commission and
Historical Resources Committee and Transfer Duties.
City Attorney Whitham read the full title of the Ordinance, as follows: “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING CHAPTERS 2.21,
2.24 AND 2.32 OF TITLE 2 OF THE ARROYO GRANDE MUNICIPAL CODE TO DISBAND
THE TRAFFIC COMMISSION, PARKS AND RECREATION COMMISSION, AND
HISTORICAL RESOURCES COMMITTEE; AMENDING CHAPTER 2.18 OF TITLE 2
RELATING TO THE PLANNING COMMISSION AND HISTORIC DESIGNATION; AND
ADDING SECTION 1.04.140 TO TITLE 1 TRANSFERRING THE DUTIES OF THE TRAFFIC
COMMISSION, PARKS AND RECREATION COMMISSION AND HISTORICAL
RESOURCES COMMITTEE”.
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City Manager Bergman presented the staff report and recommended the Council introduce
an Ordinance repealing Chapters 2.21, 2.24 and 2.32 of Title 2 of the Arroyo Grande
Municipal Code to disband the Traffic Commission, Parks and Recreation Commission, and
Historical Resources Committee; amending Chapter 2.18 of Title 2 relating to the Planning
Commission and Historic Designation; and adding Section 1.04.140 to Title 1 transferring the
duties of the Traffic Commission, Parks and Recreation Commission and Historical
Resources Committee. Staff responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public were Kenneth Price, regarding
his term on the Traffic Commission and the difference it has made in the community, that he
does not think it should be eliminated, and that the Traffic Commission should continue to
hear the most important issues; Bill Hart, commented on the purpose of the Historical
Resources Committee and asked who will take on the workload; Shirley Gibson, clarified that
meeting cancellations were not due to its members, commented that if the work goes to other
boards, they may not have the same expertise, and commented on signage issues that have
been brought to her attention by other citizens; Coleen Kubel, stated she does not agree with
disbanding the committees and thinks that a reorganization would be more effective; Jim
Guthrie, spoke in support of the proposal commenting that most of the work is already done
by staff and many of the decisions are not discretionary, savings will be achieved, projects
can be approved faster, and commented that stakeholder meetings would be more successful
than Ad-Hoc committee meetings. No further public comments were received.
Council comments ensued in support of the proposed Ordinance. Mayor Pro Tem Ray
commented that she favors efficiency measures; however, expressed concern with a
potential transparency gap and suggested retaining the commissions and having them meet
on an “as needed” basis.
Action: Council Member Brown moved to introduce the Ordinance as proposed, as read by
title by the City Attorney. Council Member Harmon seconded, and the motion passed on the
following roll-call vote:
AYES: Brown, Harmon, Hill
NOES: Ray
ABSENT: Barneich
13. COUNCIL COMMUNICATIONS
Council Member Brown reported on a special meeting of the Integrated W aste Management
Authority (IWMA), stated the Administrator had been placed on Administrative Leave,
expressed concern about the Joint Powers Authority and how it is set up and that it needs to
be revised with accounting controls put in place.
Mayor Hill commended Council Member Brown for bringing the IWMA issues forward.
14. COMMUNITY COMMENTS AND SUGGESTIONS
None.
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15. CLOSED SESSION
None.
16.ADJOURNMENT
Mayor Hill adjourned the meeting at 9:24 p.m.
_______________________________________
Jim Hill, Mayor
ATTEST:
_______________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ______________)
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