CC 2015-05-12_08b Approval of 04-28-15 MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 28, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the Regular City Council Meeting to order at 6:02 p.m.
2. ROLL CALL
City Council: Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro
Tem Kristen Barneich, and Mayor Jim Hill were present.
Staff Present: Interim City Manager Bob McFall, City Attorney Tim Carmel, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Director of
Administrative Services Debbie Malicoat, Director of Public Works Geoff
English, Director of Community Development Teresa McClish, and City
Engineer Matt Horn.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Remi Norton and Allie Donagan, representing Arroyo Grande High School Associated Student
Body, led the Flag Salute.
5. AGENDA REVIEW
Mayor Hill requested, and the Council concurred, to move New Business Item 11.d. up on the
Agenda to be considered following the Consent Agenda.
5.a. Closed Session Announcements.
April 14, 2015 Regular Meeting:
- Public Employment pursuant to Government Code Section 54957:
Title: City Manager
City Attorney Carmel reported that the Council met in closed session to discuss the status of the
City Manager recruitment process, and no reportable action was taken.
April 22, 2015 Special Meeting:
- Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Attorney
City Attorney Carmel reported that the Council met in closed session to discuss his performance
evaluation, and no reportable action was taken.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Mayor Pro Tem 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.
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6. SPECIAL PRESENTATIONS
6.a. Presentation - SLO Regional Rideshare and Bike Month Update.
Peter Williamson, representing SLO Regional Rideshare, provided a presentation on SLO
Regional Rideshare alternative transportation programs and highlighted upcoming events in
May for Bike Month.
6.b. Honorary Proclamation Declaring May 9, 2015 as “Letter Carriers’ Food Drive
Day”.
Mayor Hill presented an Honorary Proclamation declaring May 9, 2015 as “Letter Carriers’ Food
Drive Day”. Julie Turney and Colleen Regan, representing the United States Postal Service,
accepted the Proclamation.
6.c. Mayor’s Commendation Recognizing Richard DeBlauw for Providing a Warming
Shelter Location for the Homeless this past Winter.
Mayor Hill presented a Mayor’s Commendation to Richard Deblauw in recognition for
compassionately allowing his property to be used as an overnight warming shelter for homeless
individuals during this past winter. Janna Nichols, representing the Five Cities Homeless
Coalition, also thanked and recognized Mr. DeBlauw.
6.d. Mayor’s Commendation in Appreciation of Arroyo Grande Cemetery District’s
Water Conservation Efforts.
Mayor Hill presented a Mayor’s Commendation to Arroyo Grande Cemetery District
representatives Terry Fibich, Mike Marsalek, and Dr. Steve Flood in appreciation for the
District’s commitment to water conservation by participating in the city’s Landscape Water
Conservation Program and completing an irrigation system retrofit project in 2013. The project
conserved 4.4 million gallons in the first year, resulting in a 49% water use reduction.
6.e. Presentation by Five Cities Fire Authority – Fire Chief’s Report on Initial 90 Day
Assessment and Budget Priorities.
Fire Chief Lieberman gave a presentation regarding the Five Cities Fire Authority, upcoming
budget priorities, and responded to questions from Council.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Pastor Randy Ouimette, Saint
John’s Lutheran Church, who invited the community to observe National Day of Prayer at Saint
John’s Lutheran Church on May 7, 2015 at 7:00 p.m., and concluded with an invocation; and
Patty Welsh, Arroyo Grande, expressed concerns with people continuing to water their
residential lawns, commended the businesses for their water conservation efforts, and
expressed concerns about the water sign at the entrance to the Village.
8. CONSENT AGENDA
Mayor Hill invited public comment on the Consent Agenda. No public comments were received.
Mayor Hill stated that he was not present at the April 14th meeting and requested Item 8.c. be
Item 8.b. - Page 2
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pulled for a separate vote. Council Member Harmon declared a conflict of interest regarding
Item 8.e. due to ownership of real property near the project and requested the item be pulled for
a separate vote.
ITEM PULLED FROM THE CONSENT AGENDA
8.c. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Regular City Council Meeting of
April 14, 2015, and Special City Council Meeting of April 22, 2015, as submitted.
Action: Council Member Brown moved to approve the minutes of the Regular City Council
Meeting of April 14, 2015, and Special City Council Meeting of April 22, 2015, as submitted.
Council Member Guthrie seconded, and the motion passed on a voice vote, with Council
Members Brown, Harmon, Guthrie, and Mayor Pro Tem Barneich voting AYE and Mayor Hill
abstaining.
8.e. Consideration of an Award of Contract to J&P Construction, Inc. for Construction
of the Heritage Square Park Restroom Project, PW 2014-17.
Recommended Action: 1) Award a contract for the Heritage Square Park Restroom
Project to J&P Construction, Inc. in the amount of $118,782; and 2) Authorize the City
Manager to approve change orders for 10% of the contract amount, $11,878 for
unanticipated costs during the construction phase of the project.
Action: Council Member Brown moved to: 1) Award a contract for the Heritage Square Park
Restroom Project to J&P Construction, Inc. in the amount of $118,782; and 2) Authorize the City
Manager to approve change orders for 10% of the contract amount, $11,878 for unanticipated
costs during the construction phase of the project. Mayor Pro Tem Barneich seconded, and the
motion passed on the following roll-call vote:
AYES: Brown, Barneich, Guthrie, Hill
NOES: None
ABSENT: Harmon
CONSENT AGENDA
Action: Council Member Brown moved, and Mayor Pro Tem Barneich seconded the motion to
approve Consent Agenda Items 8.a., 8.b., 8.d., 8.f., and 8.g. with the recommended courses of
action. The motion passed on the following roll-call vote:
AYES: Brown, Barneich, Guthrie, Harmon, Hill
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 1, 2015 through
April 15, 2015.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as of March 31, 2015, as required by Government Code Section 53646(b).
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8.d. Consideration of a Resolution Approving an Application by NKT Commercial to
Drill and Install Replacement Agriculture Well on a Property Zoned Agriculture;
Location – 1189 Flora Road (APN 007-761-032); Staff Project Case No. 15-002.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE APPROVING AN APPLICATION TO DRILL A
REPLACEMENT AGRICULTURE WELL ON A PROPERTY ZONED AGRICULTURE
(STAFF PROJECT CASE NO. 15-002); LOCATED AT 1189 FLORA ROAD (APN 007-
781-032); APPLIED FOR BY NKT COMMERCIAL.
8.f. Consideration of a Resolution to Approve the Amended and Restated San Luis
Obispo Regional Hazardous Materials Cooperative Agreement.
Action: 1) Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE APPROVING THE AMENDED AND RESTATED
SAN LUIS OBISPO REGIONAL HAZARDOUS MATERIALS COOPERATIVE
AGREEMENT”, which includes: a) an increase in annual membership fees for
participating in the Team; b) amendments to and restatement of the Cooperative
Agreement governing the Team; and c) the County’s continued participation in the
Team; and 2) Authorized the Mayor to sign the amended and restated Cooperative
Agreement.
8.g. Monthly Water Supply and Demand Update.
Action: Received and reviewed the monthly Water Supply and Demand Update report.
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.d. Consideration of a Resolution Confirming the Appointment of Dianne Thompson
as City Manager for the City of Arroyo Grande.
Interim City Manager McFall presented the staff report and recommended that the Council
adopt a Resolution confirming the appointment of Dianne Thompson as City Manager for the
City of Arroyo Grande and authorizing the Mayor to execute the Employment Agreement.
Mayor Hill invited public comment. No public comments were received.
Council comments ensued in support of the appointment.
Action: Council Member Guthrie moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPOINTING DIANNE
THOMPSON AS CITY MANAGER FOR THE CITY OF ARROYO GRANDE AND
AUTHORIZING THE MAYOR TO EXECUTE THE EMPLOYMENT AGREEMENT”. Mayor Pro
Tem Barneich seconded, and the motion passed on the following roll call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
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Ms. Thompson thanked the Council for selecting her as the City Manager, stated she is looking
forward to working with the Council, staff, and community in order to maintain and preserve this
wonderful community.
Mayor Hill called for a break at 6:55 p.m. The Council reconvened at 7:10 p.m.
11.a. Consideration of Pre-Application No. 14-006 for a 13-Lot Residential Subdivision;
General Plan Amendment, Development Code Amendment, Tract Map, and
Planned Unit Development; Location – Rodeo Drive and Grace Lane (APN 007-
011-041); Applicant – Colmer Construction; Representative – Wayne Colmer.
Mayor Hill declared a conflict of interest on this item due to ownership of real property near the
project, stepped down from the dais, and left the room. Mayor Pro Tem Barneich took over as
Presiding Officer.
Associate Planner Heffernon presented the staff report and recommended that the Council
review the conceptual plans and provide comments to the applicant. Staff responded to
questions from Council.
Wayne Colmer, applicant, thanked the City for the pre-application process; acknowledged the
need to demonstrate water offsets at 2:1, provided a presentation of the project; and answered
questions regarding the increased density; height of retaining walls; height difference between
one and two story homes; and lot sizes.
Kirby Gordon, property owner, commented on the history of the parcel, the proposed
realignment of Grace Lane within the project which will meet Circulation Element objectives;
commented on smaller lot sizes and leaving more natural open space.
Jeff Emrick, representing the applicant, commented on smaller lots using less water and that a
water analysis will be completed to mitigate water use.
Mayor Pro Tem Barneich invited public comment. Speaking from the public were: Patty Welsh,
Arroyo Grande, regarding the proposed project as it relates to lot sizes, additional traffic, water
pressure, parking and water use; Bob Miller, Via Vaquero, expressed concern about negative
impacts to property values in the surrounding area and prefers development that is more
commensurate with the existing home and lot sizes, and requested the fence line along the
back of Rancho Grande properties be preserved; Mike Furman, Via Vaquero, expressed
concern about smaller lot sizes, and preferred larger lot sizes with larger homes; Beatrice
Spencer, Arroyo Grande, expressed concerns about negative impacts to property values of
existing homes, smaller lots and smaller backyards, and retaining wall heights; John Spencer,
Arroyo Grande, requested the notification area be expanded for the project; Colleen Martin,
Arroyo Grande, opposed the proposed project with 13 units, commented on street width and
parking for residents, and stated the project should meet the current General Plan density
requirement for seven homes. No further public comments were received.
Follow-up questions from Council ensued regarding on and off-site parking within the proposed
project; retaining walls; zoning and land use designations; ADA requirements for sidewalk width;
and public notification regarding the proposed project.
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Council comments ensued regarding previous rezoning for the Grace Lane project; water
impacts and the need to justify additional water use; that the increased density is a good use of
the land if the water issues are resolved; recognition that property values are different based on
when existing units were built; that the project is adequately parked; that more information is
needed on the fence issue; support for the proposed retaining walls; support for the expanded
public noticing that took place for this type of project; acknowledgement that the project does
not meet General Plan requirements for density and water availability due to the additional units
proposed; support for the proposed street and driveway parking and the two units off of Grace
Lane; that this is not a transitional project and should have homes similar in size with the
existing neighborhood; does not support proposed water neutralization calculation methods for
additional units; concerns about drainage and percolation; support for a 7 unit project with no
additional water requirements; concern with a higher density project which is not consistent with
the Land Use Element; that two-story homes are inconsistent with the existing neighborhood
development; concern with impact on existing home values; that a single family low density
project would be better considering the water issues; that this is an in-fill project that could
provide more affordable homes by design and would be desirable for families, although the
water requirements remain a concern; appreciation for saving the Oak tree; and that a water
study will be important.
There was no formal action taken on this item.
Mayor Hill returned to the meeting and took his place at the dais.
11.b. Consideration of Request to Install Additional Stop Signs at the Intersection of Le
Point Street at McKinley Street.
City Engineer Horn presented the staff report and recommended that the Council: 1) Direct staff
to obtain a consultant to complete a Traffic Circulation Study that will review alternatives for
Crown Hill/Le Point/McKinley neighborhood; 2) Approve the installation of interim stop signs on
Le Point Street at McKinley Street and a stop ahead sign between McKinley Street and Highway
227 and reevaluate performance during circulation study review; 3) Direct staff to work with
property owner of 207 McKinley Street to trim vegetation on property within sight distance
triangle area; 4) Direct staff to restrict parking on areas of Le Point Street and McKinley Street;
and 5) Direct staff to develop a Policy and Procedure for staff and residents to follow to request
and evaluate traffic calming measures.
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, expressing
concerns about the speed bumps on Rodeo Drive, and that a traffic study should be conducted
during peak school hours; and Heather Jensen, Arroyo Grande, stated she was pleased that
staff is working on a circulation plan for this area, commented on increased traffic on Le Point
Street, and suggested that future public notifications be sent by regular mail. No further public
comments were received.
Action: Council Member Harmon moved to: 1) Direct staff to obtain a consultant to complete a
Traffic Circulation Study that will review alternatives for Crown Hill/Le Point/McKinley
neighborhood; 2) Approve the installation of interim stop signs on Le Point Street at McKinley
Street and a stop ahead sign between McKinley Street and Highway 227 and reevaluate
performance during circulation study review; 3) Direct staff to work with property owner of 207
McKinley Street to trim vegetation on property within sight distance triangle area; 4) Direct staff
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to restrict parking on areas of Le Point Street and McKinley Street; and 5) Direct staff to develop
a Policy and Procedure for staff and residents to follow to request and evaluate traffic calming
measures. Mayor Pro Tem Barneich seconded, and the motion passed on the following roll call
vote:
AYES: Harmon, Barneich, Guthrie, Brown, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 9:05 p.m. The Council reconvened at 9:10 p.m.
11.c. Consideration of the Status of the City’s California Public Employees’ Retirement
System (CalPERS) Plans from the City’s Independent Actuary.
Administrative Services Director Malicoat recommended the City Council receive and review
information on the status of the City’s retirement plans with the CalPERS from the City’s
independent actuary, Bartel Associates, LLC.
Mary Beth Redding, Bartel Associates, LLC, provided a presentation on the actuarial analysis of
the City’s retirement system plans and responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public was Julie Tacker, expressing
concern that Five Cities Fire Authority impacts were not addressed in the presentation, referred
to the Chief’s earlier presentation about deficits in service he would like to fill that would
increase pay and affect contributions; and stated that until the City gets a handle on its
unfunded liability, those issues should wait. No further public comments were received.
Director Malicoat responded that an actuarial analysis was completed for the Five Cities Fire
Authority and that information is available for public review.
There was no formal action taken on this item. The CalPERS Actuarial Issues report for the
Miscellaneous and Safety Plans was received and filed.
11.e. City Attorney Succession and Transition Plan.
City Attorney Carmel presented the staff report and recommended that the Council receive and
file the City Attorney Succession and Transition Plan.
Interim City Manager McFall provided further background information on Heather Whitham, who
would be transitioning in as the City Attorney, as well as attorneys David Hirsch and Mike
McMahon who would continue to work on current City issues regarding water regulations, water
conservation programs, and personnel.
Mayor Hill invited public comment. Speaking from the public were: Terry Fibich, in support of
the service City Attorney Carmel has provided since 1993 and thanking him for his work on the
bond measure for the fire station expansion project; and John Keen, in support of City Attorney
Carmel and thanking him for all his good work for the City. No further public comments were
received.
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No formal action was taken on this item. The City Attorney Succession and Transition Plan was
received and filed.
12. 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
(4) California Joint Powers Insurance Authority (CJPIA)
(b) Mayor Pro Tem Barneich:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(c) Council Member Guthrie:
(1) San Luis Obispo Council of Governments/Regional Transit Authority
(SLOCOG/RTA)
(2) South County Transit (SCT)
(3) Tourism Committee
(4) Brisco/Halcyon Interchange Subcommittee
(d) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) Economic Vitality Corporation (EVC)
(e) Council Member Harmon:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
13. COUNCIL COMMUNICATIONS
Council Member Guthrie reported that he attended the Pismo Beach City Council meeting
regarding recycled water.
Mayor Pro Tem Barneich requested that future public noticing regarding the McKinley traffic
circulation item should be mailed.
Mayor Hill reported that he also attended the Pismo Beach City Council meeting regarding
recycled water and that Council would be receiving copies of the report; commended Recreation
Services Director Rogers and staff for the success of the Annual Egg Hunt and Festival;
attended the Arbor Day celebrations; attended the Howard Mankins Hoosegow Park Ribbon
Cutting Ceremony; stated that Southern California Gas Company is doing hydro-testing and
commended them on traffic control and project management; and announced that Ember
Restaurant in Arroyo Grande was recently featured in Westways magazine.
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14. STAFF COMMUNICATIONS
None.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Julie Tacker commented that it has been less than five months since the election, wished City
Attorney Carmel well, commented that the changing of the guard is refreshing, and observed
that change is good.
16. CLOSED SESSION
None.
18. ADJOURNMENT
Mayor Hill adjourned the meeting at 11:10 p.m.
_____________________________
Jim Hill, Mayor
ATTEST:
_____________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg _________)
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