Minutes 2017-10-24 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY
TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY
TUESDAY, OCTOBER 24, 2017
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Hill called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council/ Council/Board Members Caren Ray, Barbara Harmon, Kristen Barneich,
Successor Agency: Mayor Pro Tem/Vice Chair Tim Brown and MayorChair Jim Hill were
present.
Staff Present: City Manager/Executive Director Jim Bergman, City Attorney Heather
Whitham, Director of Legislative and Information Services/City Clerk Kelly
Wetmore, Community Development Director Teresa McClish, Director of
Public Works Bill Robeson, Chief of Police Beau Pryor, and Planning
Technician Sam Anderson.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Scott Astrosky, representing Pismo Beach/5 Cities Rotary Club, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements:
Special City Council Meeting of October 24, 2017:
a) Conference with Labor Negotiator Pursuant to Government Code Section
54957.6:
Agency Designated Representative: Debbie Malicoat, Administrative Services
Director
Represented Employees: Service Employees International Union, Local 620
b) Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
City Attorney Whitham announced that the City Council met in closed session at a Special
Meeting on October 24, 2017 to discuss the above items, and for Item a) the Council provided
direction to its labor negotiator, and for Item b)there was no reportable action.
5.b. Ordinances Read in Title Only.
Mayor Hill moved, Council Member 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.
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Tuesday, October 24, 2017
6. SPECIAL PRESENTATIONS
6.a. Introduction of Police Cadets Chad Giesmann and Gavin Giesmann.
Police Chief Pryor introduced new Police Cadets Chad Giesmann and Gavin Giesmann,
provided an overview of their educational backgrounds, and spoke about the Police Cadet
program.
6.b. Honorary Proclamation Recognizing "International Day of the Girl".
Mayor Hill presented an Honorary Proclamation recognizing "International Day of the Girl".
Melisa Dookie accepted the Proclamation.
6.c. Honorary Proclamation Declaring October 2017 as "Domestic Violence
Awareness Month".
Mayor Hill presented an Honorary Proclamation declaring October 2017 as "Domestic
Violence Awareness Month". Kirsten Rambo, Executive Director for the Women's Shelter
Program of San Luis Obispo County, 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, and spoke about writing notes of encouragement to those who are suffering from the
fires in Northern California; Marcia Alter, representing Homeshare SLO, provided an overview of
the non-profit organization which connects those with rooms in their home to share with those
who are looking for affordable housing and requested the Council consider at a future meeting a
request for $10,000 from the City's inclusionary housing fund to benefit the non-profit
organization; Coleen Kubel, spoke regarding unaccounted funds of over $800,000 from the
South San Luis Obispo County Sanitation District and of her support for Mayor Hill; Patricia
Price, spoke regarding respect, compassion, and kindness, that she stands up for truth and
injustice, and stated her support of Mayor Hill. No further comments were received.
8. CITY MANAGER REPORT:
City Manager Bergman introduced Public Works Director Robeson who provided an overview
and status of street projects currently underway in the City. Director Robeson acknowledged
and thanked Capital Improvement Project Manager Jill McPeek for her role in tracking and
managing all of the City's projects. City Manager Bergman also thanked the Police Department
for their activity in the community and for ensuring public safety.
9. CONSENT AGENDA
Council Member Ray requested that Items 9.c. and 9.f. be pulled.
Council Member Barneich requested that Item 9.g. be pulled.
Mayor/Chair Hill invited public comment on the consent agenda items. No public comments
were received.
Action: Mayor Pro Tem/Vice Chair Brown moved, and Council/Board Member Barneich,
seconded the motion to approve Consent Agenda Items 9.a. through 9.h., with the exception of
Items 9.c., 9.f., and 9.g., with the recommended courses of action. The motion passed on the
following roll-call vote:
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Tuesday, October 24, 2017
AYES: Brown, Barneich, Ray, Harmon, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period October 1, 2017
through October 15, 2017.
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, 2017, as required by Government Code
Section 53646(b).
9.d. Monthly Water Supply and Demand Update.
Action: Received and filed the monthly Water Supply and Demand Report.
9.e. Consideration of an Appropriation of Funds to Replace the Pump at Well No. 6.
Action: Approved an appropriation of $18,000 from the Water Fund balance to
replace the pump and pipe column at Well No. 6.
9.h. Consideration of Subordination Agreement Between the City and Courtland-
Arroyo Grande, L.P.
[SUCCESSOR AGENCY]
Action: Approved and authorized the City Manager/Executive Director to execute a
Subordination Agreement between the City and Courtland-Arroyo Grande, L.P. to
facilitate refinancing of the project by the owners.
ITEMS PULLED FROM THE CONSENT AGENDA
9.c. Consideration of Approval of Minutes.
Recommended Action: Approve the minutes of the Regular City Council Meeting of
October 10, 2017, as submitted.
Council Member Ray referred to the October 10th minutes regarding Item 10.b. (Consideration
of Appeal 17-002; Appeal of Planning Commission's Denial of Architectural Review 16-009;
Proposed Merger of Two (2) Lots and Construction of a New 12,730 Square Foot Single Family
Home; Location 779 and 759 Castillo Del Mar (Lots 6 and 7 of Tract 3048- Heights at Vista Del
Mar); Applicant - James and Katy Redmond; Representative — RRM Design Group) and
requested the minutes be corrected to state that she had not spoken to the Mayor or City
Council members during the entire public process for the project. City Clerk Wetmore noted the
correction.
Action: Council Member Ray moved to approve Item 9.c. as amended. Council Member
Harmon seconded, and the motion passed on the following roll-call vote:
AYES: Ray, Harmon, Barneich, Brown, Hill
NOES: None
ABSENT: None
9.f. Consideration of Adoption of an Ordinance - Development Code Amendment
17-002 - Amendments to Title 16 of the Arroyo Grande Municipal Code
Regarding Accessory Dwelling Units for Compliance with State Law;
Amendment Related to Rooftop Decks and the Undergrounding of Utilities;
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Tuesday, October 24, 2017
Location Citywide; Applicant—City of Arroyo Grande.
Recommended Action: Adopt an Ordinance amending Title 16 of the Arroyo
Grande Municipal Code regarding accessory dwelling units for compliance with State
law and additionally rooftop decks and undergrounding of utilities.
Council Member Ray referred to supplemental information the Council received regarding
the proposed Ordinance as it relates to accessory dwelling units and requested staff to
provide a brief response.
Director McClish provided an overview of the discussion and action taken at the previous
City Council meeting which resulted in an introduction of the Ordinance and then responded
to questions from Council.
Mayor Hill invited public comment. Speaking from the public were: John Keen, expressed
concern regarding accessory dwelling units and stated that there should be restrictions and
owner occupancy requirements; Shirley Gibson, asked why Council went beyond the State
mandate, that the owner occupancy requirement should remain, expressed concern about
no owner accountability and single family districts turning into multi-family districts,
supported enacting the State mandated policies, and suggested revisiting the other
regulations in one year; Coleen Kubel, spoke in support of adoption of the Ordinance as
introduced and removing the deed restriction requirements; Pete Carlson, spoke in support
of the proposed Ordinance; Sherry McCarthy, expressed concern about removing owner
occupancy requirements in the portion of the Ordinance pertaining to accessory dwelling
units; Marcia Alter, stated that Homeshare SLO may provide a solution and can help with
housing issues; Speaker (did not provide name), spoke in support of the Ordinance as
introduced with the removal of deed restriction requirements. No further comments were
received.
Brief Council comments ensued regarding the Ordinance. Council Member Barneich
expressed concerns about approving the Ordinance as it relates to lack of public noticing for
rooftop deck applications, as well as removing the owner occupancy requirement on
accessory dwelling units.
Action: Mayor Pro Tern Brown moved to adopt the Ordinance. Council Member Ray seconded
the motion.
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 TITLE 16 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING ACCESSORY DWELLING
UNITS FOR COMPLIANCE WITH STATE LAW AND ADDITIONALLY ROOFTOP DECKS
AND UNDERGROUNDING OF UTILITIES; LOCATION— CITYWIDE;APPLICANT— CITY
OF ARROYO GRANDE".
The motion passed on the following roll-call vote:
AYES: Brown, Ray, Harmon, Hill
NOES: Barneich
ABSENT: None
Minutes: City Council/Successor Agency Meeting Page 5
Tuesday, October 24, 2017
9.g. Consideration of Resolution Delegating Authority to the City Manager or His
Designee to Remove Deed Restrictions Regarding the Use of Accessory
Dwelling Units.
Recommended Action: Adopt a Resolution delegating authority to the City
Manager or his designee to remove deed restrictions stipulating that accessory
dwelling units cannot be sold apart from the primary residence and, within Single-
Family zoning districts, the owner of the property must occupy one of the dwellings
located on the property.
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Ray moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DELEGATING AUTHORITY TO
THE CITY MANAGER OR HIS DESIGNEE TO REMOVE CERTAIN DEED RESTRICTIONS
REGARDING ACCESSORY DWELLING UNITS". Mayor Pro Tern Brown seconded, and
the motion passed on the following roll-call vote:
AYES: Ray, Brown, Harmon, Hill
NOES: Barneich
ABSENT: None
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
11.a. Reconsideration of Agreement with the County of San Luis Obispo to Jointly
Finance and Construct a Replacement Animal Services Shelter.
City Manager Bergman presented the staff report and recommended that the Council: 1)
Authorize the Mayor to send a letter to the Cities of Atascadero and Paso Robles urging
continued participation in the animal shelter project; and, 2) Consider authorizing staff to
withdraw from the Agreement at a specified threshold.
Mayor Hill invited public comment. Speaking from the public was: Coleen Kubel, commented
that it would be a burden on the City's Police Department to handle service calls regarding
animal issues. No further comments were received.
Action: Council Member Ray moved to: 1) Authorize the Mayor to send a letter to the Cities
of Atascadero and Paso Robles urging continued participation in the animal shelter project,
as amended, to reflect the following changes in the letter:
3. This last minute change of course may also be damaging to future
collaborative regional and countywide efforts.
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Tuesday, October 24, 2017
4. This action is wasteful to taxpayers in-general county-wide. Two years of staff
time, involvement of lawyers to make the agreement, and hours of public
testimony may be jeopardized by changing course. This potential action is
not an example of good governance but just the opposite.
. .
measons,wWe believe that your cities will fare much better staying in the Agreement
and working to find cooperative solutions and not forcing your fellow communities to
make quick decisions and be penalized by cost increases.
and 2) Authorize staff to send a letter to the County withdrawing from the Agreement at a
specified threshold of 15%. Mayor Pro Tern Brown seconded.
Brief discussion ensued to clarify changes in the letter, and to include the word "Conditional" on
the Notice of Withdrawal letter.
The motion passed on the following roll-call vote:
AYES: Ray, Brown, Harmon, Barneich, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 8:34 p.m. The Council reconvened at 8:45 p.m.
11.b. Staff Follow-Up of Council Direction from September 12, 2017 Related to the
Independent Investigation of the Mayor.
City Manager Bergman presented the staff report and recommended that the Council:
receive an update of progress toward fulfilling Council direction and to provide additional
direction. Staff responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public were: Coleen Kubel, stated that the
issues being discussed involve the South San Luis Obispo County Sanitation District and not
the City and spoke regarding ethics training and compliance; Patricia Price, expressed concern
about closed sessions at the Sanitation District and that action items are not being reported out
to the public, and commented on the investigation and those who brought it forward. No further
public comments were received.
Action: Council Member Ray moved that a comprehensive code of conduct policy manual be
created, that an ad-hoc subcommittee be created consisting of Council Members Ray and
Barneich, with staff assistance by the City Clerk, that the City institute a policy of in-house
orientation training within 2 months of the first date of taking office, and that a fully
annotated opinion be provided in writing by the City Attorney to the Council interpreting the
Health and Safety Code and the Council's ability to remove the Mayor from the Sanitation
District. Council Member Barneich seconded.
Following further brief discussion, the motion passed on the following roll-call vote:
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Tuesday, October 24, 2017
AYES: Ray, Barneich, Harmon
NOES: Brown, Hill
ABSENT: None
12. NEW BUSINESS
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
(3) Oversight Board to the Successor Agency to the Dissolved Arroyo
Grande Redevelopment Agency
(b) MAYOR PRO TEM 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
(c) COUNCIL MEMBER BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(d) COUNCIL MEMBER HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(e) COUNCIL MEMBER RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Economic Vitality Corporation (EVC)
(3) Tourism Marketing Committee
14. COUNCIL COMMUNICATIONS
Council Member Ray requested an information item regarding issues at the Sanitation District
be placed on a future agenda and to invite Mr. Sweet to make a presentation so that the Council
is informed and can have a discussion about ongoing issues. Mayor Pro Tem Brown concurred.
Council Member Barneich suggested waiting for a couple of weeks as she has heard an audit is
underway and more information may be available once the audit is complete.
Council Member Ray requested that staff place on a future agenda an item regarding
Homeshare SLO's request for utilizing inclusionary housing funds to help the Homeshare SLO
program. Council Member Barneich suggested that Homeshare SLO apply for Community
Service Grant funds. Council Member Ray stated that her request was not date specific and
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Tuesday, October 24, 2017
could be considered following the Council's consideration of Community Development Block
Grant (CDBG) and Community Service Grant funds.
Council Member Ray commented that she spoke with City Manager Bergman regarding future
amendments to the Development Code regarding accessory dwelling units and ways to
encourage people not to convert garages.
Council Member Ray announced that on October 18th at 12:03 a.m., their first grandchild,
Jordan Paige, was born.
Council Member Barneich announced that on December 15t, the Arroyo Grande Chipotle will be
having a fundraising event and will donate half of the proceeds to the 5 Cities Homeless
Coalition; on November 28th, Fin's Restaurant will host "Dinner for a Cause" and will donate
100% of the proceeds to the 5 Cities Homeless Coalition; and on December 19th, Rooster Creek
will host "Dining with a Purpose" and a portion of the proceeds will be donated to the 5 Cities
Homeless Coalition.
15. COMMUNITY COMMENTS AND SUGGESTIONS
At this time, it was noted that pursuant to Council policy, the Council must vote unanimously to
continue the meeting past 11:00 p.m.
Action: Council Member Ray moved to continue the meeting for five minutes. Mayor Hill
seconded the motion, and the motion passed unanimously by voice vote.
Speaking from the public were: Marcia Alter, stated she has documentation regarding the use of
inclusionary housing funds, that Homeshare SLO missed the application period last year for the
Jim Guthrie Community Service Grant Program, commented that those funds are spread among
many organizations, but they will still apply; stated the Cities of Grover Beach and San Luis
Obispo and the County have allocated funding, and requested the Council to consider allocating
inclusionary housing funding to Homeshare SLO; and Patricia Price, commented on the last
meeting and how Council worked together to consider a development project, and stated she
was glad to see the Council requested an agenda item to receive a presentation from the
Sanitation District.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Hill adjourned the meeting at 11:06 p.m.
Ji Hill, Mayor
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Kelly e� ' ore, City Clerk
(Approved at CC Mtg 11-I - ZO 1-7)