Minutes 2018-08-28 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 28, 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 6:01 p.m.
2. ROLL CALL
City Council: Council Members Barbara Harmon, Kristen Barneich, and 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
Public Works Bill Robeson, and Director of Community Development
Teresa McClish.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Jared and Maureen Sharon, representing Arroyo Grande Valley Kiwanis, 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 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
6.a. Mayor's Commendation in Recognition of the Grizzly Academy.
Mayor Hill presented a Mayor's Commendation to cadets of the Grizzly Academy in recognition
and appreciation of their assistance with highway cleanup along El Camino Real and park
maintenance at Elm Street Park, including the tennis courts and walkways, playground, and
retention basin, as well as graffiti removal from the park picnic tables.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation; Dominique Dashwood, Cal Poly student, spoke in support of Measure G (Ban Fracking
and Oil Expansion in SLO County Initiative), referred to the number of people in attendance who
support Measure G, and requested the Council place the matter on a future agenda to consider
a position of support for the measure; Richard Robertson, spoke in support of Measure G and
suggested that there should be an open forum held to educate the community; Patty Welsh, spoke
regarding personnel and accounting issues at the Integrated Waste Management Authority; Kevin
O'Gorman, spoke in support of Measure G; Natalie Reisner, spoke in support of Measure G; Alice
Minutes: City Council Meeting Page 2
Tuesday, August 28, 2018
Butterick, spoke in support of Measure G; Laura Sheehan, spoke in support of Measure G; Rick
London, United Way CEO, spoke about the Real Cost Measure 2018 Report recently released
by United Way of California; Jack, urged the Council to stay neutral on Measure G and stated it
is a County-wide issue; Judith King, spoke in opposition of Measure G; Mary Eister; spoke in
support of Measure G; Jose Bajera, spoke in opposition of Measure G and encouraged the
Council to stay neutral; Colleen Kubel, suggested that Measure G should be addressed at a
community forum; Cheryl Storton, spoke in support of Measure G; Brad Snook, spoke in support
of Measure G and agreed that the Council should take a position on the measure; Robert Olson,
commented that the City Council does not historically take positions on County-wide issues; Joe
Rouleau, spoke in opposition of Measure G; and Peter Burn, spoke in opposition of Measure G.
No further public comments were received.
8. CITY MANAGER/DIRECTOR REPORTS
City Manager Bergman introduced Public Works Director Robeson who expressed appreciation
to the Arroyo Grande Football team and coaches for their efforts in cleaning up the Soto Sports
Complex. City Manager Bergman then provided an update on Senate Bill (SB) 1090 regarding
the Diablo Canyon nuclear power plant and reported that a letter from the Coalition of Cities
had been sent to Governor Brown requesting his support of the bill. City Manager Bergman also
provided an overview of the City's Request Tracker system, which is an online tool available to
the public on the City's website for reporting concerns in the community.
9. CONSENT AGENDA
Council Member Harmon requested that Item 9.d. be pulled, and Mayor Pro Tern Ray requested
that Item 9.g. be pulled for a separate vote.
City Attorney Whitham read the full title of the Ordinance in Item 9.g. 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 9 TRANSFERRING THE DUTIES OF THE TRAFFIC
COMMISSION, PARKS AND RECREATION COMMISSION AND HISTORICAL RESOURCES
COMMITTEE".
Mayor Hill invited public comment on the remaining items. Speaking from the public were Brad
Snook, regarding Item 9.f., stating that the Council should consider going to Stage 1 for water
conservation; and Patty Welsh, regarding Item 9.f. expressing concern about the wells going dry.
No further public comments were received.
Action: Council Member Barneich moved to approve Consent Agenda Items 9.a., 9.b., 9.c., 9.e.,
and 9.f., with the recommended courses of action. Council Member Harmon seconded, and the
motion passed on the following roll-call vote:
AYES: Barneich, Harmon, Brown, Ray, Hill
NOES: None
ABSENT: None
Minutes: City Council Meeting Page 3
Tuesday, August 28, 2018
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period August 1, 2018 through
August 15, 2018.
9.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing investment deposits of the City of Arroyo
Grande, as of July 31, 2018, as required by Government Code Section 53646(b).
9.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of August 14, 2018,
as submitted.
9.e. Consideration of Approval of an Agreement for the Northern Cities Management
Area Annual Report and Monitoring Program.
Action: Approved and authorized the Mayor to execute an agreement for consultant
services with GSI Water Solutions, Inc.
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
9.d. Consideration of Agreement for Legal Services with Carmel & Naccasha.
Recommended Action: Approve the revised Agreement for Legal Services with Carmel
& Naccasha.
In response to questions by Council Member Harmon, City Manager Bergman explained the basis
for determining the 6% CPI increase and explained that although the proposal includes an
increase in the hourly rates, it does not mean the budget is being increased. He noted that the
budget for legal services came in under budget last fiscal year and that the last two rate increases
occurred in 2007 and 2014.
Mayor Hill invited public comment. Speaking from the public was Patty Welsh, who asked if the
City had looked into other law firms and compared prices. No further public comments were
received.
In response to public comment, City Manager Bergman provided an overview of the comparison
of legal services rates throughout San Luis Obispo County.
Action: Council Member Harmon moved to approve the revised Agreement for Legal Services
with Carmel & Naccasha. Mayor Pro Tern Ray seconded, and the motion passed on the following
roll-call vote:
AYES: Harmon, Ray, Brown, Barneich, Hill
NOES: None
ABSENT: None
9.g. Consideration of Adoption 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.
Recommended Action: Adopt 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
Minutes: City Council Meeting Page 4
Tuesday, August 28, 2018
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.
Mayor Pro Tern Ray stated she was the dissenting vote at the last meeting when the Ordinance
was introduced and she had requested the item be pulled for a separate roll call vote.
Brief Council comments ensued and staff responded to additional questions from Council.
Mayor Hill invited public comment. Speaking from the public were Tim Storton, who thanked the
Council for the opportunity to serve on the Traffic Commission and expressed concerns regarding
traffic issues within the City; Coleen Kubel, commented on the need to save money and
reorganize in order to be more efficient and expressed concern as to whether the City is ready to
take this step; Nan Fowler, referred to the letter she sent to Council and expressed concern
regarding the loss of volunteers who are committed to the City and urged the Council to reconsider
their decision; Patty Welsh, expressed concern regarding an issue on Huasna Road and the
difficulty bringing concerns forward; Jim Guthrie, commented on the City Budget the Council
recently approved, and provided a comparison of the advisory boards and commissions appointed
by other cities in the County; Terry Fowler-Payne, expressed concern about the loss of public
input and involvement; Keith Storton, noted he had previously served on the Parks and Recreation
Commission and serves on the Architectural Review Committee now, commented on the
depletion of staff and other resources over the years, supported the idea of public forums,
suggested reviewing and re-evaluating the matter in one year, and stated there were other
avenues for public involvement; and Patricia Price, stated she had learned a lot on the Historical
Resources Committee, commented that when citizens want to get involved, they will, and urged
people to get involved and be heard. No further public comments were received.
Action: Council Member Brown moved to adopt an Ordinance entitled: "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". Council
Member Harmon seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Harmon, Barneich, Hill
NOES: Ray
ABSENT: None
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
None.
Minutes: City Council Meeting Page 5
Tuesday, August 28, 2018
12. NEW BUSINESS
12.a. Consideration of Introduction of an Ordinance Amending Section 5.25.070 of Title 5
of the Arroyo Grande Municipal Code to Reauthorize the Public, Educational, and
Government Access Fee on State Cable Franchises Operating within the City.
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 SECTION 5.25.070 OF
TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE TO REAUTHORIZE THE PUBLIC,
EDUCATIONAL, AND GOVERNMENT (PEG) FEE ON STATE CABLE FRANCHISEES
OPERATING WITHIN THE CITY".
City Manager Bergman presented the staff report and recommended the Council introduce an
Ordinance amending Section 5.25.070 of Title 5 of the Arroyo Grande Municipal Code (AGMC)
to reauthorize the Public, Educational and Government (PEG) fee on State cable franchisees
operating with the City.
Mayor Hill invited public comment. No public comments were received.
Action: Mayor Pro Tern Ray moved to introduce an Ordinance amending Section 5.25.070 of
Title 5 of the Arroyo Grande Municipal Code (AGMC) to reauthorize the Public, Educational and
Government (PEG) fee on State cable franchisees operating with the City. Council Member
Barneich seconded, and the motion passed on the following roll-call vote:
AYES: Ray, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: 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. Mayor Hill noted that he would
no longer serve on this Subcommittee due to the FPPC's determination
that he has a conflict on interest due to ownership of real property near the
project.
(b) MAYOR PRO TEM RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Economic Vitality Corporation (EVC). Mayor Pro Tern Ray noted that the
City cancelled its membership with the EVC; therefore, she is no longer
serving on this Board.
(3) Tourism Marketing Committee
(4) Community Action Partnership San Luis Obispo (CAPSLO)
Minutes: City Council Meeting Page 6
Tuesday, August 28, 2018
(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 requested, and the Council concurred, to place an item on a future
agenda to consider declaration of a shelter crisis in the City. Council Member Barneich also
announced the next free Senior Tech Clinic would be held on September 22nd from 10:00 to 11:30
a.m. at the Council Chambers where teens from Arroyo Grande High School will provide seniors
assistance with their computers, tablets and mobile devices.
Mayor Hill thanked Council Member Brown for his service on the IWMA Board.
15. COMMUNITY COMMENTS AND SUGGESTIONS
None.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 8:12 p.m.
1+
Jm Hill, Mayor
,/TTEST:
Kelly Wetv o/ , City Clerk •
(Approved at CC Mtg 9-II-/' )