Minutes 2018-10-23 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 23, 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, Tim Brown, Mayor Pro Tern Caren
Ray, and Mayor Jim Hill were present. Council Member Barbara Harmon
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, Chief of Police Beau Pryor, and Director of Community
Development Teresa McClish.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Bob Lund, representing Arroyo Grande In Bloom, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member Brown 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
6.a. Introduction of New Employee—John Benedetti, Assistant Engineer.
Community Development Director McClish introduced John Benedetti as the City's new Assistant
Engineer and highlighted his educational and professional background.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an
invocation; Linda Drummy, commented on traffic congestion in the Berry Gardens neighborhood
and suggested opening up the median on E. Grand Avenue for better traffic flow; Casey Johnston,
commented on permit issues with his building on South Elm Street; Coleen Kubel, commented
on permit processing delays and making the process more business friendly; Jill Stearns,
Superintendent/President of Cuesta College, introduced herself, commented on Cuesta's long
time relationship with Arroyo Grande High School, and stated she looks forward to working with
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City officials; Dan Ferrera, Castillo Del Mar, commented on issues related to the Heights at Vista
del Mar development, the length of time for review and corrections, as well as issues between the
City and the developer which are impacting property owners; Christina Slemack, Castillo del Mar,
commented on the length of time it is taking for permits to be issued and problems with the
developer completing work and requested assistance from the City Council; and Terry Fowler-
Payne, commented that the sign ordinance is not being followed with regard to height limits and
expressed concerns with those who are not following the regulations. No further public comments
were received.
Mayor Hill requested staff to respond to concerns expressed about traffic issues in the Berry
Gardens neighborhood, the building on S. Elm Street, and issues relating to Heights at Vista del
Mar.
Community Development Director McClish provided an overview of the project review and
approval for the Berry Gardens development and circulation plan.
City Manager Bergman explained that the building on S. Elm Street in question was remodeled
without any building permits and that the City was therefore unable to inspect electrical, plumbing,
and ADA accessibility issues. With regard to the current workload, he explained that staff is
working hard to provide expedited service to all City customers in a fair and equitable manner.
City Manager Bergman also provided an overview of the Heights at Vista del Mar project and
stated that he believes a resolution is very close.
8. CITY MANAGER/DIRECTOR REPORTS
This item was deferred to later in the meeting.
9. CONSENT AGENDA
Mayor Pro Tem Ray requested that items 9.d. and 9.e. be pulled.
Mayor Hill invited public comment on the consent agenda 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, Ray, Hill
NOES: None
ABSENT: Harmon
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period October 1, 2018 through
October 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 September 30, 2018, as required by Government Code Section 53646(b).
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9.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of October 9, 2018, as
submitted.
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
Mayor Pro Tern Ray stated that she pulled these items for a separate vote as she had voted
against the Ordinance to disband the three advisory boards.
Action: Council Member Brown moved to approve Consent Agenda Items 9.d. and 9.e., and
Council Member Barneich seconded the motion.
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 MAKING
ADMINISTRATIVE UPDATES TO VARIOUS SECTIONS OF TITLE 2 (ADMINISTRATION
AND PERSONNEL), TITLE 10 (VEHICLES AND TRAFFIC), TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) AND TITLE 16 (DEVELOPMENT CODE) OF THE
ARROYO GRANDE MUNICIPAL CODE"
The motion passed on the following roll-call vote:
AYES: Brown, Barneich, Hill
NOES: Ray
ABSENT: Harmon
9.d. Consideration of a Resolution Amending the Appendix of Designated Positions
Subject to the City's Conflict of Interest Code.
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AMENDING THE LIST OF DESIGNATED
POSITIONS SUBJECT TO THE CITY'S CONFLICT OF INTEREST CODE".
9.e. Consideration of Adoption of an Ordinance Making Administrative Updates to
Various Sections of Title 2 (Administration and Personnel), Title 10 (Vehicles &
Traffic), Title 12 (Streets, Sidewalks, and Public Places), and Title 16 (Development
Code) of the Arroyo Grande Municipal Code (Development Code Amendment No.
18-004); Location Citywide.
Action: Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE MAKING ADMINISTRATIVE UPDATES TO
VARIOUS SECTIONS OF TITLE 2 (ADMINISTRATION AND PERSONNEL), TITLE 10
(VEHICLES AND TRAFFIC), TITLE 12 (STREETS, SIDEWALKS AND PUBLIC
PLACES) AND TITLE 16 (DEVELOPMENT CODE) OF THE ARROYO GRANDE
MUNICIPAL CODE".
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
None.
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12. NEW BUSINESS
12.a. Consideration of a Request from a Developer to Provide Sewer Service from the
City of Arroyo Grande to a 3 Unit Residential Project Inside the City of Grover Beach.
Public Works Director Robeson introduced the staff report and recommended that the Council: 1)
Approve a request from Bischoff Homes, Inc. to allow the City of Arroyo Grande to provide sewer
service to a 3-unit residential development project within the City of Grover Beach; 2) Direct staff
to complete the Outside User Agreement and authorize the City Manager to execute the
Agreement for submittal to the Local Agency Formation Commission (LAFCO); and 3) Authorize
the City Manager to execute other documents as required with the City of Grover Beach for
easements and other associated agreements in a form approved by the City Attorney. Staff
responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public was Paul Bischoff, developer for the
project,who commented that wording could be added to the parcel map regarding the agreement,
clarified that there is already a 6-inch sewer line present, and responded to questions from
Council.
Action: Council Member Brown moved to approve staff's recommendations. Council Member
Barneich seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Barneich, Ray, Hill
NOES: None
ABSENT: Harmon
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)
(b) MAYOR PRO TEM RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Tourism Marketing Committee
(3) 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)
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(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 Brown expressed appreciation to City Manager Bergman for his response to
issues raised during the public comment regarding how the City deals with projects.
Mayor Hill stated he received a comment from a realtor about the City picking up their signs, noted
he has seen other signs in public rights of way, and hoped the City is being flexible as it relates
to real estate signs. City Manager Bergman commented that he met with the Pismo Coast
Association of Realtors where signs were a topic of discussion and everyone is working together
to understand the temporary sign regulations.
CITY MANAGER REPORT
City Manager Bergman provided statistical data regarding traffic tickets on Huasna Road and
provided an update on the speed survey and street maintenance efforts underway; reported that
he attended a Central Coast City/County Manager's forum and retreat regarding regional issues
related to housing and transportation systems; reported that he met with the Director of
Recreation Services and representatives of Five Cities Girls Softball team regarding the increased
fee structure and fundraising efforts; reported that he and Chief Pryor met with representatives
from County Behavioral Health regarding policies relating to persons in mental health crisis;
reported that he and the Public Works Director met with the Parkside homeowners regarding their
landscape maintenance assessment district; reported that in the coming week, he would be
having discussions regarding Central Coast Blue,the Five Cities Fire Authority, and the Homeless
Task Force; and announced a new online Citizen License and Permit Portal that is now available
on the City's website for business licenses, building, engineering, and planning permits.
Mayor Hill announced Halloween next week and asked everyone to drive carefully and look out
for kids and trick-or-treaters. City Manager Bergman announced the Trick or Treating in the
Village event to be held on October 31st from 3:00 to 5:00 pm., and the Halloween Carnival and
Haunted Maze on Saturday, October 27th.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Robert Olsen commented on two laws recently signed by the Governor, one of which states that
cities may not forbid sleeping in public, and that cities cannot require permits for sidewalk vendors,
and asked if the Council or staff could verify this information. Speaker (did not provide name),
asked about Item 13.c.4. on the Agenda. Council Member Brown clarified that the Brisco/Halcyon
Interchange Subcommittee has not met, therefore, he had nothing to report.
In response to Mr. Olsen's public comments, City Attorney Whitham provided clarification
regarding the Martin vs. City of Boise case which limits the City's ability to cite someone for
camping in public and that she has discussed the case with the Police Chief. She also confirmed
that there is a new law regarding sidewalk vendors and the City would be revising its Ordinance
to comply with the new law.
16. CLOSED SESSION
None.
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17. ADJOURNMENT
Mayor Hill adjour -d the meeting at 7:20 p.m.
II
/ A
Caren Ray, Mayor •ro em
ATTEST:
Kelly W-t,i ore, City Clerk
(Approved at CC Mtg 11-13-212113 )