Minutes 2017-05-09 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 9, 2017
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 Caren Ray, Barbara Harmon, Kristen Barneich, Mayor
Pro Tern Brown, 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
Administrative Services Debbie Malicoat, Community Development
Director Teresa McClish, Acting Police Chief Beau Pryor, Public Works
Director Chris Magdosku, and Associate Planner Kelly Heffernon.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Arroyo Grande Cub Scout Pack 13 led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Regular Meeting of April 25, 2017
a) Conference With Labor Negotiator Pursuant To Government Code Section 54957.6:
Agency Designated Representatives: Debbie Malicoat, Administrative Services
Director; Karen Sisko, Human Resources Manager
Employee Organization: Arroyo Grande Police Officers' Association (AGPOA)
b) Conference With Labor Negotiator Pursuant To Government Code Section 54957.6:
Agency Designated Representatives: Debbie Malicoat, Administrative Services
Director; Karen Sisko, Human Resources Manager
Employee Organization: Service Employees International Union, Local 620
c) Conference With Legal Counsel — Existing Litigation Pursuant To Government Code
Section 54956.9(d)(1):
Name of Case: Appeal of CaIPERS determination dated January 26, 2017,
(CaIPERS ID: 4633639204)
City Attorney Whitham announced that the Council met in closed session on April 25, 2017 and
no reportable action was taken.
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Tuesday, May 9, 2017
5.b. Ordinances Read in Title Only.
Council Member Barneich moved, Mayor Pro Tern 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. Introduction of New City Employees — Marisela Moreno, Building Permit
Technician and Kory Brooks, Maintenance Worker I.
Community Development Director McClish introduced new full-time Building Permit Technician
Marisela Moreno and provided a brief overview of her background and experience. Public
Works Director Magdosku introduced Maintenance Worker I Kory Brooks and provided a brief
overview of his background and experience.
6.b. Mayor's Commendation Recognizing Jordan Hasay for her Accomplishments in
the 2017 Boston Marathon.
Mayor Hill announced that this item would be rescheduled for a future meeting.
6.c. Honorary Proclamation Declaring May 21-27, 2017 as "National Public Works
Week".
Mayor Hill presented an Honorary Proclamation declaring May 21-27, 2017 as "National Public
Works Week". Public Works Director Magdosku accepted the Proclamation.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were: Linda Osty, who offered an
invocation; Peter Carlson, contractor, submitted a letter to the Council regarding small projects
and expressed concerns about the 100 square foot requirement that triggers installation of
underground utilities and sidewalks, which is cumbersome and too expensive for smaller
projects, and suggested ways the City could make changes in its requirements; and Riley
Betitia, stated that in honor of National Public Works Week, he would like to thank the City and
its staff for working with him on his Eagle Scout project.
8. CITY MANAGER REPORT:
City Manager Bergman provided a status update on the informational letter to all water
customers following the Council's action to rescind the Stage 1 Water Shortage Emergency;
reported that the majority of City staff attended mandatory training on workplace harassment
and announced that make-up dates will be available soon for those who could not attend, and
reminded the Council that elected officials are also required to attend; and announced that he
will be attending Father Daughter Date Night with his daughter on June 3rd at the South County
Regional Center at 5:00 p.m.
9. CONSENT AGENDA
Mayor Hill invited public comment on the consent agenda. No public comments were received.
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Tuesday, May 9, 2017
Action: Council Member Barneich moved, and Mayor Pro Tern Brown seconded the motion to
approve Consent Agenda Items 9.a. through 9.e., with the recommended courses of action. City
Attorney Whitham read the full title of the Ordinance in Item 9.c. The motion passed on the
following roll-call vote:
AYES: Barneich, Brown, Ray, Harmon, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification
Action: Ratified the listing of cash disbursements for the period April 16, 2017 through
April 30, 2017.
9.b. Consideration of Approval of Minutes
Action: Approved the minutes of the Regular City Council Meeting of April 25, 2017, as
submitted.
9.c. Consideration of Development Code Amendment 15-001: Adoption of an
Ordinance to Amend Regulations Regarding Small Cell Telecommunication
Facilities; Location —Citywide; Applicant—Verizon Wireless
Action: Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AMENDING SECTION 16.04.070(C), TABLE
16.36.030(A) AND TABLE 16.44.040-A OF THE ARROYO GRANDE MUNICIPAL
CODE RELATING TO SMALL CELL TELECOMMUNICATION FACILITIES".
9.d. Consideration of an Award of Contract to SoCal Pacific Construction Corporation
for Construction of the Manhole Rehabilitation Project, PW 2017-03
Action: 1) Approved the construction plans and specifications for the Manhole
Rehabilitation Project, PW 2017-03; 2) Found that the project is categorically exempt
from CEQA pursuant to CEQA Guidelines Section 15301(b); 3) Directed the City Clerk to
file a Notice of Exemption; 4) Awarded a contract for the Manhole Rehabilitation Project
to SoCal Pacific Construction Corporation in the amount of $91,217.31; 5) Authorized
the City Manager to approve change orders for 10% of the contract amount, $9,121.73,
for unanticipated costs during the construction phase of the project; and 6) Allocated
$22,200 from the Sewer Fund for the project.
9.e. Consideration of Acceptance of the Corporation Yard Stormwater Improvements
Project, PW 2016-14
Action: 1) Accepted the project improvements as constructed by Apodaca Paving in
accordance with the plans and specifications for the Corporation Yard Stormwater
Improvements Project; 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.
10. PUBLIC HEARINGS
10.a. Consideration of Development Code Amendment 17-001; Vesting Tentative Tract
Map 16-001 (Tract 3079) and a Draft Mitigated Negative Declaration for a 7-Lot
Residential Subdivision; Location — Rodeo Drive and Grace Lane; Applicant —
Kirby Gordon; Representative—Jeffrey Emrick.
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Tuesday, May 9, 2017
Mayor Hill announced a potential conflict of interest relating to ownership of real property near
the project on Grace Lane, stepped down from the dais, and left the room.
Mayor Pro Tern Brown took over as Presiding Officer.
Community Development Director McClish introduced the item. Associate Planner Heffernon
presented the staff report and noted the following recommended changes to the conditions of
approval:
— COA 21: A 5•'10' wide street tree easement shall be provided behind the back of
sidewalk along the street frontage.
— COA 30: The Five Cities Fire Authority shall approve the driveway design for Lot 5 prior
to final map building permit.
— COA 83: The infiltration basins shall be landscaped according to Condition No. 34.34,
and shall be maintained through a maintenance agreement, approved by the City
Attorney.
It was recommended that the Council: 1) Introduce an Ordinance amending Ordinance No. 355
C.S. "Royal Oaks Estates" to increase the maximum allowed density within Planned
Development 1.3 for Lot 184 from 1 unit to 7 units; and 2) Adopt a Resolution, as amended,
adopting a Mitigated Negative Declaration and approving Vesting Tentative Tract Map 16-001
(7-Lot residential subdivision with lots ranging in size from 0.58 to 1.32 acres with a 0.28-acre
offer of dedication for roadway purposes). Staff responded to questions from Council.
Jeffrey Emrick, representing the applicant, responded to questions from Council regarding
driveway locations, drainage, detention basins, viewshed review, and graywater use systems.
Mayor Pro Tern Brown opened the public hearing. Speaking from the public were Kirby Gordon,
applicant, commented on his appreciation for the pre-application process, the opportunity to
address concerns, and commented on issues relating to viewshed, meeting and conferring with
neighbors, and access to the project; Susan Weiss, asked if there has been any discussion to
having Lot 5 remain as open space; Robert, Dove Court, spoke in support of the proposed 7 lot
subdivision project instead of the previously proposed 18 lot subdivision project, referred to Lot
5, commented on the existing trees and favored driveway access from Grace Lane so trees do
not have to be removed; and Resident, Grace Lane, spoke in support of the project. Hearing no
further public comments, Mayor Pro Tern Brown closed the public hearing.
Action: Council Member Ray moved to adopt a Resolution entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF
DETERMINATION, AND APPROVING VESTING TENTATIVE TRACT MAP 16-001 (TRACT
3079); LOCATION- RODEO DRIVE AND GRACE LANE; APPLICANT- KIRBY GORDON;
REPRESENTATIVE — JEFFREY EMRICK", as modified to require driveway access and
change conditions of approval to require access for Lot 5 to be on Grace Lane; change
Condition of Approval No. 71 regarding tree wells/root barriers to add language specifying
approval at the discretion of the Public Works Director; change Condition of Approval No. 101
with regard to protection of all Coastal Live Oak Trees; that the Design Guidelines be modified
to require graywater system installation; and require that turf be limited to 10% of all landscaped
areas. Council Member Barneich seconded the motion. Brief discussion ensued regarding
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Tuesday, May 9, 2017
concerns about limiting turf to 10% in all landscaped areas. City Attorney Whitham also asked if
the motion included the proposed changes to conditions of approval 21, 30, and 83 as
recommended in the staff report presentation. Council Member Ray agreed to amend her
motion to include the additional modifications to conditions of approval 21, 30, and 83, and also
to change the condition of approval regarding limitation of turf in landscaped areas back to 25%.
Council Member Barneich restated her second to the motion. The motion passed on the
following roll call vote:
AYES: Ray, Barneich, Harmon, Brown
NOES: None
ABSENT: Hill
Action: Council Member Harmon moved to introduce an Ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ORDINANCE NO.
355 C.S. "ROYAL OAKS ESTATES" TO INCREASE THE MAXIMUM ALLOWED DENSITY
WITHIN PLANNED DEVELOPMENT 1.3; DEVELOPMENT CODE AMENDMENT 17-001;
LOCATION- RODEO DRIVE AND GRACE LANE; APPLICANT- KIRBY GORDON;
REPRESENTATIVE — JEFFREY EMRICK". Council Member Ray seconded, and the motion
passed on the following roll call vote:
AYES: Harmon, Ray, Barneich, Brown
NOES: None
ABSENT: Hill
Mayor Pro Tern Brown called for a break at 7:46 p.m. Mayor Hill returned to the dais and
reconvened the meeting at 7:55 p.m.
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Consideration of Preliminary Fiscal Year 2017-18 Budget.
City Manager Bergman introduced the item. Administrative Services Director Malicoat presented
the staff report and recommended that the Council review and provide direction on the
preliminary Fiscal Year(FY) 2017-18 budget. Staff responded to questions from Council.
Mayor Hill invited public comment. No public comments were received.
Council discussion ensued in support of the preliminary budget as proposed, including direction
to staff to include the proposed operating budget changes for increasing network storage
($65,000); reclassification of an existing Geographic Information System (GIS) Technician
position to an Analyst position ($8,000) to address a citywide need for program analyst,
communication support and coordination of social media; funding for an in-house engineering
Inspection limited term position (to replace use of consultants at no net cost); and increased
funding for water administration due to an increase in fees paid to the State of California for the
operation of the water system ($20,000).
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Tuesday, May 9, 2017
Additional comments included support of the proposed capital improvement projects for FY 2017-
18; reducing the scope of the parking study, and a suggestion to increase funds for Citywide
sidewalk repairs if possible.
No formal action was taken.
13. COUNCIL COMMUNICATIONS
Council Member Harmon requested the Five Cities Fire Authority Strategic Plan summary
presentation be placed on the May 23, 2017 City Council Agenda. Council Member Barneich
concurred.
Council Member Ray referred to a second development in the City that is having problems with
stormwater and requested an item be brought back as an informational item on the current
issues with stormwater runoff. Mayor Hill concurred. Following brief discussion, staff was
directed to prepare and distribute a detailed memorandum to the Council regarding the City's
current stormwater process for review prior to consideration of placing the issue on a future
agenda.
Mayor Pro Tem Brown acknowledged Fin's Restaurant, stated that he attended a recent
fundraiser at the restaurant benefitting the Five Cities Homeless Coalition, acknowledged all the
volunteers, reported that $16,000 was raised for the warming shelter, and suggested
recognizing Bruce Van Vort, owner of Fin's Restaurant, and the volunteers for their fundraising
efforts on behalf of the Five Cities Homeless Coalition.
Mayor Hill commented on the fire at Sunrise Terrace and the loss of two homes and
complimented the Five Cities Fire Authority for their efforts to control the fire in a high wind
situation.
Council Member Harmon noted she had a summary memo regarding the fire from the Fire
Authority that she would distribute to the Council.
14. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Hill invited public comment. No public comments were received.
15. CLOSED SESSION
At 10:22 p.m., City Attorney Heather Whitham announced that the City Council would adjourn to
closed session to consider the following item:
a) Conference with Real Property Negotiators pursuant to Government Code Section
54956.8:
Property: 250 Wesley Street, Arroyo Grande (APNs 007-011-021 and 007-011-049)
Agency Negotiator: Teresa McClish, Community Development Director
Negotiating Party: Eric Knowles, Kidder Matthews
Under Negotiation: Price and Terms of Payment
Adjourned to closed session.
•
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Tuesda , !flay 9, 2017
16. RECONVENE TO OPEN SESSION:
At 11:08 p.m., the Council reconvened to open session. City Attorney Whitham announced that
there was no reportable action.
ADJOURNMENT
Mayor Hill adjourned the meeting at 11:09 p.m.
Hill, Mayor
ATTEST:
( / Zde.4acAe__
Kelly et- ore, City Clerk
(Approved at CC Mtg ,x-23-2O('1 )