Minutes 2018-05-08ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY TO THE
DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY
TUESDAY, MAY 8, 2018
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Hill called the City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council/Board: Council/Board Members Barbara Harmon, Kristen Barneich and Tim
Brown, Mayor Pro Tem/Vice Chair Ray, and Mayor/Chair Hill were
present.
Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham, Director
of Legislative and Information Services/City Clerk Kelly Wetmore,
Executive Assistant/Deputy City Clerk Jessica Matson, Director of
Administrative Services Debbie Malicoat, Chief of Police Beau Pryor,
Director of Community Development Teresa McClish, and Planning
Manager Matt Downing
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Scott Astrosky, representing Rotary Club of Pismo Beach-Five Cities, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Mayor/Chair Hill moved, Council/Board 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.
City Attorney Whitham reported that today at 1:05 p.m., the City received a cease and
desist letter from a law firm representing Elite Care, in connection with their efforts to get a
State license from the California Bureau of Cannabis Control, and the letter demands a
response by the City by May 10th. She explained that under the Brown Act, there is a
procedure to add an item to the Agenda if the finding can be made that the issue came to
the City’s attention after posting of the Agenda and that it requires immediate action. She
stated that Government Code Section 54954.2(b) would allow the Council to add the item to
the Agenda if 2/3 of the Council vote to do so and recommended that the item be placed on
the Closed Session Agenda pursuant to Section 54956.9(d)2, which allows for a conference
with legal counsel regarding anticipated litigation.
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Tuesday, May 8, 2018
Action: Council Member Brown moved, and Council Member Barneich seconded to add
the item to the Closed Session Agenda. The motion passed on the following roll-call vote:
AYES: Brown, Barneich, Harmon, Ray, Hill
NOES: None
ABSENT: None
6. SPECIAL PRESENTATIONS
6.a. Honorary Proclamation Declaring May 6-12, 2018 as “Public Service
Recognition Week”.
Mayor Hill presented a Proclamation declaring May 6-12, 2018 as “Public Service
Recognition Week. Lisa Christensen, Human Resources Manager, accepted the
Proclamation on behalf of the City’s employees.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered
an invocation; Darryl Scheck, SEIU Local 620 representative, requested that prior to any
layoffs of represented employees, the Council look at alternatives and asked for
consideration of variations of the Voluntary Employee Retirement Program (VERP) by
potentially extending the deadline and benefits of the program; Robert Johnson, expressed
concerns regarding the East Cherry Avenue Specific Plan project and submitted a letter for
the record; Shirley Gibson, spoke regarding a negative comment made by the Mayor
regarding a past employee of the Sanitation District and suggested that Mayor Hill step
down from the Sanitation District Board; Patty Welsh, agreed with the comments made by
the previous speaker; Patricia Price, stated that she does not want the Mayor to step down
from the Sanitation District Board and expressed appreciation for the Mayor’s participation.
No further comments were received.
8. CITY MANAGER/DIRECTOR REPORT
City Manager Bergman spoke about public service and stated that public service also
includes people who come to the Council meetings and participate, as well as the Council
Members; commented on a recent arrest made by the Arroyo Grande Police Department,
and the quick response by the Fire Department to a vegetation fire by the Library; and
announced that staff is making an effort to free up parking at City Hall in order to increase
public parking for customers and visitors to City Hall and the Village. Council/Board Member
Harmon commented on a “Free Parking” sign located in the Village having potentially
dangerous edges and suggested that the height of the sign may need to be raised.
9. CONSENT AGENDA
Mayor/Chair Hill invited public comment on the consent agenda items. No public comments
were received.
Action: Council/Board Member Barneich moved, and Council/Board Member Harmon
seconded the motion to approve Consent Agenda Items 9.a. through 9.e., with the
recommended courses of action. The motion passed on the following roll-call vote:
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Tuesday, May 8, 2018
AYES: Barneich, Ray, Harmon, Brown, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 16, 2018
through April 30, 2018.
9.b. Consideration of Approval of Preliminary Official Statement for the Taxable
Tax Allocation Refunding Bonds, Series 2018 to Refund in Full the Arroyo
Grande Redevelopment Agency, Arroyo Grande Redevelopment Project Area,
2007 Tax Allocation Bonds.
[SUCCESSOR AGENCY]
Action: The Board of the Successor Agency: 1) Adopted a Resolution entitled: “A
RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED ARROYO
GRANDE REDEVELOPMENT AGENCY APPROVING THE FORM AND
AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT IN
CONNECTION WITH THE OFFERING AND SALE OF TAX ALLOCATION BONDS
TO REFUND CERTAIN OUTSTANDING OBLIGATIONS OF THE FORMER
ARROYO GRANDE REDEVELOPMENT AGENCY AND APPROVING RELATED
DOCUMENTS AND ACTIONS”; and 2) Authorized the Executive Director to amend
or revise minor, non-substantive changes and approve final documents and
agreements as needed to affect the bond refunding, provided they are in substantial
compliance with the draft documents and Board direction.
9.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of April 24, 2018,
as submitted.
9.d. Consideration to Approve Construction Plans and Specifications and
Environmental Exemption for the 2018 Concrete Repairs Project, PW 2018-03.
Action: 1) Approved the construction plans & specifications for the 2018 Concrete
Repairs Project, PW 2018-03; 2) Authorized the City Clerk to advertise for
construction bids; 3) Found that the project is categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to Guidelines Section
15301(c); and 4) Directed the City Clerk to file a Notice of Exemption.
9.e. Consideration to Declare Surplus Property.
Action: Adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE DECLARING A 2005 FORD F-250 TRUCK AS
SURPLUS AND AUTHORIZING ITS SALE OR DISPOSAL”.
10. PUBLIC HEARINGS
10.a. Consideration of 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.
Community Development Director McClish introduced the item and Planning Manager
Downing presented the staff report and recommended that the Council introduce an
Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code regarding
temporary noncommercial signs. Staff responded to questions from Council.
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Tuesday, May 8, 2018
Mayor Hill invited public comment. Speaking from the public was Patricia Price, requesting
clarification regarding one sign versus unlimited signs and expressed concern with having
the signs out for 120 days. No further public comments were received.
Action: Council Member Harmon moved to introduce 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”. Mayor Hill seconded, and the motion passed
on the following roll-call vote:
AYES: Harmon, Hill, Brown, Barneich, Ray
NOES: None
ABSENT: None
11. OLD BUSINESS
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 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)
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Tuesday, May 8, 2018
(e) COUNCIL MEMBER HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
14. COUNCIL COMMUNICATIONS
Council Member Barneich announced the next free Teens Helping Seniors Tech Clinic
would be held on March 19th from 10:00 to 11:30 a.m. at the Council Chambers and
encouraged seniors to call and reserve a space at the Clinic; and announced that the recent
We Heart AG workday was successful and thanked all who participated and volunteered
their time.
Council Member Harmon referred to and commented on a letter received by the League of
California Cities regarding Assembly Bill (AB) 1912, and expressed concern about the
impacts to cities and Joint Powers Authorities should the legislation pass. Following brief
discussion and pursuant to Council policy regarding legislative communications, City
Manager Bergman stated he would prepare a letter in opposition to AB 1912 on behalf of
the City.
Mayor Hill recognized the recent passing of long-time resident and activist Otis Page and
stated his thoughts and prayers are with his family.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Tami Peluso, Elite Care, provided an overview of unsuccessful meetings with staff since
January to operate Elite Care in the City, attempts to obtain their State license through the
State Bureau of Cannabis Control, and expressed hope they could come to an agreement
with the City in order to avoid litigation; and Cynthia Gonzalez, Elite Care, expressed
concerns with the way discussions with the City have been going with regard to their
business and referred to correspondence sent to the City from their attorney.
16. CLOSED SESSION
At 7:58 p.m., City Attorney Whitham announced the City Council/Successor Agency would
adjourn to closed session to consider the following items:
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
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Tuesday, May 8, 2018
Adjourned to closed session.
17. RECONVENE TO OPEN SESSION:
At 8:48 p.m., the meeting was reconvened to open session. City Attorney Whitham
announced that there was no reportable action.
18. ADJOURNMENT
Mayor/Chair Hill adjourned the meeting at 8:49 p.m.
/s/Jim Hill, Mayor/Chair
ATTEST:
/s/Jessica Matson, Deputy City Clerk/Secretary
(Approved at CC Mtg 05-22-2018)