Minutes 2015-08-25 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 25, 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 6:00 p.m.
2. ROLL CALL
City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro
Tern Kristen Barneich and Mayor Jim Hill were present.
City Staff Present: City Manager Dianne Thompson, City Attorney Heather Whitham, Deputy
City Clerk Kitty Norton, Director of Administrative Services Debbie
Malicoat, Director of Community Development Teresa McClish, Chief of
Police Steve Annibali, Fire Chief Steven Lieberman, and Associate
Planner Matt Downing. /
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Camp Fire Central Coast of California led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member Guthrie moved, Council Member Brown 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 Presented to Kevin and Shari McCarthy — Water
Conservation Champions.
Mayor Hill presented a Mayor's Commendation to Kevin and Shari McCarthy for reducing their
residential water consumption 57%from 2012 to 2015.
6.b. Presentation by the League of Women Voters of SLO County—Civil Discourse.
Marguerite Bader, President, and Sharon Kimball, 1st Vice President, presented background on
the League of Women Voters and its mission to promote civil discourse.
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Tuesday,August 25, 2015
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, Arroyo Grande,
who offered an invocation; Lisa Suddarth, Arroyo Grande, expressed concern about an
aggressive rooster in the Village and requested signage be posted to warn the public; John
Wysong, Grover Beach, expressed concern about pedestrian safety on Oak Park Boulevard;
Aaron Henkel, Arroyo Grande, requested the Council consider a building moratorium due to the
water shortage; Linda Drummy, Arroyo Grande, supported a moratorium due to the water
shortage; Patty Welsh, supported a building moratorium, expressed concerns regarding signage
for projects, and is concerned with the Dog Park rules; Beatrice Spencer, Arroyo Grande,
expressed concern regarding staff billing time relating to construction projects; Tom Sear,
Arroyo Grande, thanked the Council for the Paulding wall project.
8. CONSENT AGENDA
Mayor Hill invited public comment on the Consent Agenda items. Speaking from the public were
April McLaughlin, Arroyo Grande, and Patty Welsh, Arroyo Grande regarding Item 8.j. as it
relates to the use of City funds for the water conservation marketing services. Hearing no further
comments, Mayor Hill closed the public comment period.
Council Member Brown requested that Item 8.g. be pulled.
Action: Mayor Pro Tern Barneich moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.j., with the exception of item 8.g., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Barneich, Guthrie, Brown, Harmon, Hill
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period July 16, 2015 through
August 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 July 31, 2015, as required by Government Code Section 53646(b).
8.c. Consideration of a Resolution Establishing Job Descriptions and Salary Ranges
for Information Technology Specialist and Public Works Supervisor Positions.
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ESTABLISHING JOB DESCRIPTIONS AND
SALARY RANGES FOR THE POSITIONS OF INFORMATION TECHNOLOGY
SPECIALIST AND PUBLIC WORKS SUPERVISOR".
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special Meeting of the City Council and Regular
Meeting of the City Council/Successor Agency to the Dissolved Arroyo Grande
Redevelopment Agency of June 23, 2015; the Special City Council Meeting of June 30,
2015, the Regular City Council Meeting of July 28, 2015, and the Regular City Council
Meeting of August 11, 2015, as submitted.
8.e. Consideration of Appointment of Voting Delegate for the League of California
Cities Annual Conference.
Action: Appointed Mayor Hill as the voting delegate for the League of California Cities
Annual Conference and City Manager Dianne Thompson as the alternate.
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Tuesday, August 25, 2015
8.f. Consideration of a Resolution Opposing Senate Constitutional Amendment 5
(SCA 5).
Action: 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE OPPOSING SENATE CONSTITUTIONAL
AMENDMENT 5"; and 2) Directed the City Clerk to forward the Resolution to Senator
Bill Monning, Assemblyman Katcho Achadjian, and the League of California Cities.
8.h. Consideration of an Award of Contract to Paso Robles Tank, Inc. for the Reservoir
No. 5 Exterior Recoating Project, PW 2015-11.
Action: 1) Awarded a contract for the subject project to Paso Robles Tank, Inc. in the
amount of $41,400; 2) Authorized the City Manager to approve change orders for 10%
of the contract amount, $4,114, for unanticipated costs during the construction phase of
the project; and 3) Directed the City Clerk to file a Notice of Exemption.
8.1. Consideration to Declare Surplus Property.
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING UNUSED FURNITURE AND
EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZING ITS SALE OR
DISPOSAL".
8.j. Consideration of Monthly Water Supply, Demand and Marketing Update.
Action: Received and reviewed the monthly Water Supply, Demand and Marketing
Update Report.
ITEMS PULLED FROM CONSENT AGENDA
8.g. Consideration of Acceptance of the 2015 Citywide Concrete Repair Project, PW
2015-02.
Recommended Action: 1) Accept the improvements as constructed by V. Lopez Jr. &
Sons, Inc. for the subject project; 2) Direct staff to file a Notice of Completion; and 3)
Authorize release of the retention, thirty-five (35) days after the Notice of Completion has
been recorded, if no liens have been filed.
In response to questions by Council Member Brown regarding how funding was allocated for
sidewalk repairs, City Manager Thompson responded that staff would follow up with information
and provide it to the Council. Council Member Brown commented he would support increased
funding for sidewalk repairs.
Action: Council Member Brown moved to: 1) Accept the improvements as constructed by V.
Lopez Jr. & Sons, Inc. for the subject project; 2) Direct staff to file a Notice of Completion; and
3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has
been recorded, if no liens have been filed. Mayor Pro Tern Barneich seconded, and the motion
passed on the following roll-call vote:
AYES: Brown, Barneich, Guthrie, Harmon, Hill
NOES: None
ABSENT: None
9. PUBLIC HEARINGS,
9.a. Consideration of General Plan Amendment 14-002; Specific Plan Amendment 14-
001, Conditional Use Permit 14-009, Vesting Tentative Tract Map 14-001, and
Development Agreement 15-002; Subdivision of Two (2) Commercial Parcels into
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Thirty-Eight (38) Residential Lots, One (1) Common Area Lot, and Three (3)
Commercial Lots; Location: Southwest Corner of East Grand Avenue and South
Court land Street; Applicant: NKT Commercial; Representative — RRM Design
Group.
Recommended Action: As a result of the Planning Commission's tentative action to
deny the subject project on August 18, 2015, it is recommended that the City Council
continue the public hearing to a date certain of September 8, 2015 to allow time for the
Planning Commission to formally adopt a Resolution- prior to the project being
considered by the Council.
Mayor Hill announced that this item would be continued to the September 8, 2015 City Council
meeting.
Mayor Hill opened the public hearing. Hearing no public comment, Mayor Hill closed the public
hearing.
Action: Council Member Guthrie moved to continue the public hearing for Item 9.a to the
September 8, 2015 City Council meeting. Mayor Pro Tern Barneich seconded, and the motion
passed on the following roll-call vote:
There was brief discussion confirming the re-noticing of nearby property owners.
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
10. OLD BUSINESS
None.
11. NEW BUSINESS
11.a. Status Report Regarding the Sale and Use of Fireworks.
Fire Chief Lieberman and Police Chief Annibali presented the staff report and recommended
that the Council receive the status report regarding the sale and use of fireworks and provide
direction to staff.
Council questions and comments ensued regarding the increased danger of fireworks due to
the drought and enforcement, issues related to the use of illegal fireworks.
Mayor Hill invited public comment. Speaking from the public were Heather Harris, Arroyo
Grande, opposed a ban on fireworks; Patty Welsh, Arroyo Grande, suggested an increase in
fines for the use of illegal fireworks and an alternative lightshow; Maureen Sharon, Arroyo
Grande, opposed a ban on fireworks; Kevin McCarthy, Arroyo Grande, expressed concerned
with the increase in use of illegal fireworks in the Five Cities area; Louis Linney of TNT
Fireworks, Fresno, CA, commented on statewide problems with illegal fireworks, referred to
recent changes in the law relating to the ability for cities to issue citations for illegal fireworks,
and referred to a social host ordinance and a bill providing for a buy-back program for
confiscated illegal fireworks; Jared Sharon, Arroyo Grande, opposed a ban on fireworks; Jack
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Tuesday, August 25, 2015
Kress, Arroyo Grande, opposed a ban on fireworks; Aaron Henkel, Arroyo Grande, opposed a
ban on fireworks; Beatrice Spencer, Arroyo Grande, opposed a ban on fireworks. Hearing no
further comments, Mayor Hill closed the public comment period.
Brief Council comments ensued concerning public education, the social host program referred
to by Mr. Linney of TNT Fireworks, and potential interest in reviewing the ordinance relating to
citations and the use of fireworks. Mayor Hill suggested the League of California Cities may
have information on fireworks, and the importation and disposal of illegal fireworks in particular.
No formal action was taken. The status report was received and filed.
11.b. Consideration of Status Report Regarding Development Code Amendment 14-002
Regulating Vacation Rentals and Homestays.
Associate Planner Downing presented the staff report and recommended that the Council
receive and file information on the status of Development Code Amendment 14-002, which
implemented regulations for the establishment and operation of vacation rentals and homestays
within the City.
Council questions ensued regarding complaints, enforcement of violations, community
education as it relates to complaint contacts, local contact person requirement, and notification
as it relates to alerting neighbors of a new application.
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, Arroyo Grande,
expressed concern that noticing should be done prior to approval; Beatrice Spencer, Arroyo
Grande, expressed concern about notifications after approval; Tom Wooldridge, Arroyo Grande,
expressed concern with commercial uses entering into residential areas, notification after
approval, and requested consideration of complaint based revocation of permits; Ed Fichtner,
Arroyo Grande, expressed concern and referred to his letter sent to Council; Carolyn Johnson
Friedman, Arroyo Grande, expressed concern regarding notification being sent after approval;
Connie Mooney, Arroyo Grande, expressed concern regarding notification; Jeff Guiltnan, Arroyo
Grande, spoke as an owner of a vacation rental and commented on his efforts to comply with
regulations. Hearing no further comments, Mayor Hill closed the public comment period.
Council comments ensued regarding the complaint process as it relates to revocation of
permits, the appeal process, and reviewing the topic again in one year.
No formal action was taken. The status report 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)
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(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)
Mayor Hill invited additional public comment. Speaking from the public was Beatrice Spencer,
Arroyo Grande, who stated that she was advised by text message that there are 368 Air B&B
units in Arroyo Grande and that the numbers are based on zip code. Hearing no further
comments, Mayor Hill closed the public comment period.
13. COUNCIL COMMUNICATIONS:
Mayor Pro Tern Barneich commented that there are only 10 to 12 permitted Air B&B's within the
Arroyo Grande City limits.
Council Member Brown requested a temporary building moratorium be placed on a future
agenda.
Council Member Harmon congratulated Talley Vineyards for being recognized as one of the
best wineries in 2015; also stated she participated in the Central Coast Classique bike ride,
commented on the request for a crosswalk on Oak Park Boulevard and asked City Manager
Thompson to look into the issue.
Council Member Guthrie requested to place on a future agenda the issue of how the City arrives
at charges for the Sanitation District and Five Cities Fire Authority.
Action: Council Member Guthrie moved to direct staff to bring back at a future meeting or in a
memorandum how the City arrives at charges to the Five Cities Fire Authority and the South
San Luis Obispo County Sanitation District for billing. Council Member Brown seconded, and
the motion passed unanimously by voice vote.
Mayor Hill stated that the Sanitation District Board started their meeting with the Finance
Managers of all jurisdictions to work out an understanding of how the charges are being billed.
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Tuesday,August 25, 2015
Council Member Harmon stated the JPA for the Five Cities Fire Authority will also be setting up
a meeting with the JPA Executive Committee. -
Council Member Guthrie mentioned that the Council might want to consider having a booth at
the Harvest Festival with information on the issues going on in the City.
Action: Council Member Brown moved to place for discussion the issue regarding a temporary
building moratorium on a future agenda. Mayor Hill seconded, and the motion passed
unanimously by voice vote.
Council Member Guthrie moved to direct staff to arrange for a City booth at the Harvest Festival.
There was consensus of the Council to direct staff to plan a City booth at the Harvest Festival.
14. STAFF COMMUNICATIONS:
City Manager Thompson reported on the success of a South County Water Symposium meeting
held on August 13, 2015; and a multi-agency active shooter training exercise held in Grover
Beach.
15. COMMUNITY COMMENTS AND SUGGESTIONS:
Kevin McCarthy, Arroyo Grande, expressed concern with illegal fireworks and suggested more
enforcement and education; and Aaron Henkel, Arroyo Grande, would like a proposal from Cal
Fire for fire services.
16. CITY COUNCIL CLOSED SESSION:
None.
ADJOURNMENT
Mayor Hill adjourned the meeting at 9:16 p.m.
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Ji Hill, Mayor
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Kitty N rton, eputy City Clerk
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