Minutes 2018-05-22 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 22, 2018
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Pro Tern Ray called the Regular City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council: Council Members Barbara Harmon, Kristen Barneich, Tim Brown, and
Mayor Pro Tern Caren Ray were present. Mayor Hill 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, Director of Community Development Teresa McClish, Chief of
Police Beau Pryor, Utilities Manager Shane Taylor and Five Cities Fire
Authority Chief Steve Lieberman.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Jared and Maureen Sharon, representing Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements:
City Council Meeting of May 8, 2018:
a) Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
b) Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Attorney
c) Conference with Legal Counsel — Anticipated Litigation. Significant exposure to
litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9 and (e)(3):
One Potential Case
City Attorney Whitham announced that the Council met in closed session on May 8, 2018 to
discuss the above items and there was no reportable action taken.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Council Member 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.
Minutes: City Council Meeting Page 2
Tuesday, May 22, 2018
6. SPECIAL PRESENTATIONS
6.a. Honorary Proclamation Declaring May 20-26, 2018 as "National Public Works
Week".
Mayor Pro Tern Ray presented an Honorary Proclamation declaring May 20-26, 2018 as"National
Public Works Week". Bill Robeson, Public Works Director, accepted the Proclamation.
6.b. Honorary Proclamation Declaring May 2018 as "Building Safety Month".
Mayor Pro Tern Ray presented an Honorary Proclamation declaring May 2018 as"Building Safety
Month". Marisela Moreno, Building Permit Technician, and Teresa McClish, Community
Development Director accepted the Proclamation and presented a brief video produced by the
International Code Council.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mayor Pro Tern Ray invited public comment. Speaking from the public were: Linda Osty, who
offered an invocation; Cynthia Gonzalez, Elite Care, expressed concern regarding the status of
their permit from the State, acknowledged changes in State regulations, and expressed concern
with the perceived change of heart by the Council; Patty Welsh, referred to Devin Ward who is
suffering from ALS, and spoke in support of medical marijuana deliveries in Arroyo Grande; Tami
Peluso, referred to letters from elderly customers in support of medical cannabis; Linda Batter,
Central Cost Medical Recommendations, spoke about their patients who need medical marijuana
and the need for it in Arroyo Grande; Patricia Price, spoke in support of medical cannabis; David
Batter, MD, spoke in support of Elite Care and of medicinal marijuana; and Anny Ashbrook, spoke
about her son in Texas who has cancer and uses medical cannabis and supports it in Arroyo
Grande. No further public comments were received.
8. CITY MANAGER/DIRECTOR REPORTS
There were no reports.
9. CONSENT AGENDA
Mayor Pro Tern Ray requested that Items 9.c. and 9.g. be pulled.
Mayor Pro Tern Ray invited public comment on the consent agenda. No public comments were
received.
Action: Council Member Brown moved to approve Consent Agenda Items 9.a. through 9.f., with
the exception of Item 9.c.., with the recommended courses of action. City Attorney Whitham read
the full title of the Ordinance in Item 9.f. as follows: "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING TEMPORARY NONCOMMERCIAL SIGNS".
Council Member Harmon seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Harmon, Barneich, Ray
NOES: None
ABSENT: Hill
Minutes: City Council Meeting Page 3
Tuesday, May 22, 2018
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period May 1, 2018 through May
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 April 30, 2018, as required by Government Code Section 53646(b).
9.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Successor Agency to the
Dissolved Arroyo Grande Redevelopment Agency Meeting of May 8, 2018, as submitted.
9.e. Consideration of Resolution Declaring Surplus Property.
Action: 1)Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING A 1995 FORD E-350 UTILITY VEHICLE
AND HONDA GENERATOR MOUNTED ON UTILITY TRAILER AS SURPLUS AND
AUTHORIZING ITS SALE OR DISPOSAL; and 2) Adopted a Resolution entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DECLARING AN EXISTING MILITARY GENERATOR AS SURPLUS PROPERTY AND
AUTHORIZING ITS TRANSFER TO THE CITY OF GROVER BEACH".
9.f. Consideration of Adoption of Ordinance - Development Code Amendment 17-004;
Amendments to Title 16 of the Arroyo Grande Municipal Code Regarding Exempt
Signs; Location —Citywide; Applicant—City of Arroyo Grande.
Action: Adopted an Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE REGARDING TEMPORARY
NONCOMMERCIAL SIGNS".
ITEMS PULLED FROM THE CONSENT AGENDA
9.c. Consideration of Acceptance of the Comprehensive Annual Financial Report.
Recommended Action: Receive and file the Comprehensive Annual Financial Report for
the fiscal year ended June 30, 2017.
Mayor Pro Tem Ray commended Director of Administrative Services Malicoat regarding the
Comprehensive Annual Financial Report and noted that the City received an unqualified opinion
from the auditor.
Action: Mayor Pro Tern Ray moved to receive and file the Comprehensive Annual Financial
Report for the fiscal year ended June 30, 2017. Council Member Barneich seconded, and the
motion passed on the following roll-call vote:
AYES: Ray, Barneich, Harmon, Brown
NOES: None
ABSENT: Hill
9.g. Monthly Water Supply and Demand Update.
Recommended Action: Receive and file the monthly Water Supply and Demand Report.
Mayor Pro Tern Ray commented that this month's report reflects information at the start of the
water year and suggested that prior year information be provided in future reports to provide
context as a point of reference and comparison.
Minutes: City Council Meeting Page 4
Tuesday, May 22, 2018
Action: Mayor Pro Tern Ray moved to receive and file the monthly Water Supply and Demand
Report. Council Member Barneich seconded, and the motion passed on the following roll-call
vote:
AYES: Ray, Barneich, Harmon, Brown
NOES: None
ABSENT: Hill
10. PUBLIC HEARINGS
10.a. Consideration of Tentative Tract Map 18-002;Amendment to Vesting Tentative Tract
Map 15-001 Regarding Construction Hours and Timing of Traffic Signal Installation,
Street Improvement Installation, and Payment of Street Mitigation Fees; Location—
Subarea 2 of the East Cherry Avenue Specific Plan; Applicant—Wathen Castanos
Homes; Representative—Carol Florence, Oasis Associates.
Community Development Director McClish presented the staff report and recommended that the
Council adopt a Resolution modifying conditions of approval to allow for Saturday construction of
residences for Subarea 2 of the East Cherry Avenue Specific Plan and modifying the requirement
of traffic signal installation, street improvements on W. Branch Street, and payment of street
mitigation fees to the time of building permit issuance for homes other than model homes. She
also noted that supplemental information had been distributed to the Council regarding the
proposed addition of condition #4 to clarify that the construction of East Cherry Avenue roadway
frontage improvements will be completed by the developer of Subarea 2 with an agreement for
future reimbursement by Subarea 1. Staff responded to questions from Council.
Carol Florence, representative for the applicant, provided a status of the project to date;
commented that the developer is poised to break ground; requested that Council uphold staff and
Planning Commission recommendation for approval, with the addition of condition #4; and
explained the timeline for construction of the model homes as it relates to the timeline for installing
the traffic signal.
Josh Peterson, Wathen Castanos Homes, responded to questions from Council regarding
occupancy permits for the model homes which are obtained after all the homes are constructed;
explained that trade laborers are local and that they want to work on Saturday to complete more
work in a shorter amount of time; explained that two full-time construction managers would be
on-site Monday through Friday and half-time on Saturdays; clarified phasing of the project and
estimated time for completion.
Mayor Pro Tern Ray opened the public hearing. Speaking from the public were: Robert Johnson,
regarding construction hours on Saturdays as it relates to noise levels and impacts to the adjacent
neighbors; Patty Welsh, commented on Saturday construction hours and expressed concerns
regarding the noise and quality of life of the residents who have lived in the neighborhood for
many years; Linda Osty, stated that she understood the issues faced by the developer and
commented that the previous developer worked closely with the neighbors to mitigate impacts
and that she hoped this developer would continue to work with the neighbors; and Joann Bowen,
commented that she would like the traffic light to go in at Fair Oaks and Traffic Way sooner rather
than later. Hearing no further public comments, Mayor Pro Tern Ray closed the public hearing.
Minutes: City Council Meeting Page 5
Tuesday, May 22, 2018
Council discussion ensued in general support of the proposed amendments, including condition#4;
however, concerns were expressed regarding construction on Saturdays as it relates to noise and
resulting impacts to the adjacent residential neighborhood.
In response to Council comments regarding the addition of a look back provision, City Attorney
Whitham suggested the Council could include a condition as follows: "If the City receives a
substantial number of complaints from neighbors of the project, staff may in its discretion, schedule
a City Council meeting to reconsider the allowance of construction on Saturdays."
Motion: Council Member Brown moved to approve Tentative Tract Map 18-002, Amendment to
Vesting Tentative Tract Map 15-001 regarding construction hours and timing of traffic signal
installation, street improvement installation, and payment of street mitigation fees; Location —
Subarea 2 of the East Cherry Avenue Specific Plan, Applicant: Wathen Castanos, Representative:
Carol Florence, Oasis Associates, as modified to include the provision provided by legal counsel,
and in addition,that proposed condition#4 is included, and to allow construction on Saturdays from
10 a.m. to 5 p.m. Council Member Barneich seconded, and the motion tied on the following roll-call
vote, resulting in no action:
AYES: Brown, Barneich
NOES: Harmon, Ray
ABSENT: Hill
Further discussion ensued regarding the subjectivity of the condition regarding the look back
provision, how complaints would be measured, and what would trigger the matter to come back to
Council for review.
Motion: Council Member Harmon moved to adopt a Resolution entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP
18-002 MODIFYING CONDITIONS OF APPROVAL#18, #49,AND#157 OF RESOLUTION NO.
4771 REGARDING SATURDAY CONSTRUCTION AND MODIFYING CONDITIONS OF
APPROVAL #162-164 REGARDING TRAFFIC SIGNAL INSTALLATION, STREET
IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEE TIMING;
LOCATED AT SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC PLAN; APPLIED
FOR BY WATHEN CASTANOS", as modified to add Condition No. #4, as follows: "Prior to
issuance of occupancy permits, the applicant shall install, subject to approval of the City Engineer,
frontage improvements on East Cherry Avenue, including widening as depicted in Section E-E on
sheet 4 of the tentative map plan set and shall include two(2) 5-foot wide bike lanes. Road widening
transitions must be completed to the satisfaction of the City Engineer. In accordance with the
requirements of Government Code Section 66485 et seq. and AGMC 16.68.080, the applicant shall
enter into a reimbursement agreement for costs associated with design, permitting, inspections and
construction of said roadway frontage improvements that are supplemental to the requirements of
Tract 3081. Reimbursement funds will be collected by the City from future development projects that
benefit from the frontage improvements."Council Member Barneich seconded, and the motion tied
on the following roll-call vote, resulting in no action:
AYES: Harmon, Barneich
NOES: Brown, Ray
ABSENT: Hill
Minutes: City Council Meeting Page 6
Tuesday, May 22, 2018
Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP
18-002 MODIFYING CONDITIONS OF APPROVAL#18, #49,AND#157 OF RESOLUTION NO.
4771 REGARDING SATURDAY CONSTRUCTION AND MODIFYING CONDITIONS OF
APPROVAL #162-164 REGARDING TRAFFIC SIGNAL INSTALLATION, STREET
IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEE TIMING;
LOCATED AT SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC PLAN; APPLIED
FOR BY WATHEN CASTANOS",as modified to include the look back provision as provided by the
City Attorney, and adding Condition No. 4. Council Member Harmon seconded, and the motion
passed on the following roll-call vote:
AYES: Brown, Harmon, Barneich
NOES: Ray
ABSENT: Hill
Council Member Brown requested, and the Council concurred, to move Item 12.a. up on the
Agenda prior to the next public hearing item in order to accommodate the applicant and the Boy
Scouts in attendance to present the project.
Mayor Pro Tem Ray called for a break at 7:54 p.m. The Council reconvened at 8:00 p.m.
12. NEW BUSINESS
12.a. Consideration of 9/11 First Responders Memorial at Fire Station 1 Located at 140
Traffic Way.
Community Development Director McClish presented the staff report and recommended the
Council approve the installation of the proposed 9/11 First Responders Memorial at Fire Station
1. Director McClish introduced Zachary Hall from Boy Scout Troop 450 who presented his Eagle
Scout project to the Council and responded to questions from Council.
Mayor Pro Tem Ray invited public comment. Speaking from the public was Keith Storton, who
noted he was a former Scout Master, commended Zachary Hall, and spoke in support of the
proposed Eagle Scout project. No further public comments were received.
Motion: Mayor Pro Tem Ray moved to approve installation of the proposed 9/11 First Responders
Memorial at Fire Station 1, with the only change to provide for a presentation of the project back
to the Public Art Committee. The motion died for lack of a second.
Action: Council Member Brown moved to approve the installation of the proposed 9/11 First
Responders Memorial at Fire Station 1, as presented. Council Member Barneich seconded, and
the motion passed on the following roll-call vote:
AYES: Brown, Barneich, Harmon, Ray
NOES: None
ABSENT: Hill
Minutes: City Council Meeting Page 7
Tuesday, May 22, 2018
10. PUBLIC HEARINGS
10.b. Consideration of Annual Public Hearing for the Arroyo Grande Tourism Business
Improvement District(AGTBID).
City Manager Bergman presented the staff report and recommended that the Council: 1) Hold a
public hearing to receive testimony regarding the City Council's intention to continue the AGTBID
and levy an annual assessment for fiscal year 2018-19; 2) Determine whether a legally sufficient
number of protests have been made; 3) If a legally sufficient protest is not made, adopt a
Resolution confirming the Advisory Board's annual report and levying an annual assessment for
the AGTBID for the 2018-19 fiscal year; and 4) Adopt a Resolution approving the FY 2018-19
budget for the AGTBID. Staff confirmed that no written protests were received.
Mayor Pro Tern Ray opened the public hearing. Speaking from the public was Anny Ashbrook,
who stated she has an AirBnB, that the County has an agreement with AirBnB to collect the taxes
from the renter and the City does not, and expressed concern that she has to collect the taxes
herself and she is uncomfortable doing so, therefore, she pays for the taxes from her own pocket.
Hearing no further public comments, Mayor Pro Tern Ray closed the public hearing.
In response to questions regarding the agreement with the Chamber of Commerce to manage
the AGTBID, Jocelyn Brennan, Executive Director, Arroyo Grande & Grover Beach Chamber of
Commerce, explained the reasons for the requested increase in order to manage and administer
the activities of the AGTBID and meetings of the Advisory Board.
Action: Council Member Barneich moved to adopt a Resolution entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE LEVYING AN ANNUAL ASSESSMENT
FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE 2018-
19 FISCAL YEAR". Mayor Pro Tern Ray seconded, and the motion passed on the following roll call
vote:
AYES: Barneich, Ray, Harmon, Brown
NOES: None
ABSENT: Hill
Action: Council Member Barneich moved to adopt a Resolution entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE FISCAL YEAR 2018-19
BUDGET FOR THE ARROYO GRANDE TOURISM BUSINESS IMPROVEMENT DISTRICT".
Council Member Harmon seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Harmon, Brown, Ray
NOES: None
ABSENT: Hill
11. OLD BUSINESS
11.a. Consideration of Capital Improvement Projects and Local Sales Tax Fund
Expenditures for the FY 2018-20 Biennial Budget.
Minutes: City Council Meeting Page 8
Tuesday, May 22, 2018
City Manager Bergman presented the staff report and recommended that the Council provide
direction on priorities for the CIP as well as expenditures funded by the Local Sales Tax Fund for
the FY 2018-20 Biennial Budget. Staff responded to questions from the Council.
Mayor Pro Tem Ray invited public comment. No public comments were received.
Council discussion ensued regarding the various capital improvement projects and the proposed
local sales tax expenditures for FY 2018-20. Council expressed concerns about utilizing local
sales tax funds for staffing and stated those costs should be paid from the General Fund;
expressed concerns about the proposed funding for a Master Plan for the Soto Sports Complex
until more information is provided and that those funds should be allocated to improvement
projects that are already identified; and support for funding the Inspector position as fees will
offset funding for the position.
There was no action taken on this item.
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 RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Economic Vitality Corporation (EVC)
(3) Tourism Marketing Committee
(4) 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)
(e) COUNCIL MEMBER HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
Minutes: City Council Meeting Page 9
Tuesday, May 22, 2018
14. COUNCIL COMMUNICATIONS .
Mayor Pro Tern Ray announced the Special City Council budget meeting to be held on Tuesday,
May 29, 2018 and encouraged members of the public to attend.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Patricia Price, referred to the last South San Luis Obispo County Sanitation District meeting and
requested that the Council authorize Mayor Hill to send a letter to the District Attorney notifying
him that the recent Brown Act violation by the Sanitation District has been cured and corrected.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Pro Tern Ray adjourned the meeting at 10:21 p.m.
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