CC 2016-01-12_09f Approval of Minutes
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 24, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER:
Mayor Hill called the Special City Council Meeting to order at 5:31 p.m.
2. ROLL CALL:
Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tem Kristen Barneich,
and Mayor Jim Hill were present.
City Manager Dianne Thompson, City Attorney Heather Whitham, and Deputy Clerk Debbie
Weichinger were also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT:
None.
5. CITY COUNCIL CLOSED SESSION:
City Attorney Whitham announced that the Council would adjourn to closed session to consider
the following item:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8:
Property: 214 E. Branch Street, Arroyo Grande
Agency Negotiator: Teresa McClish, Community Development Director
Negotiating Party: Randy Steiger, Remax Del Oro
Under Negotiation: Price and terms of lease
Adjourned to Closed Session.
6. RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 6:26 p.m. City Attorney Whitham
announced the Council reviewed the lease terms and will be voting publicly on the item as part
of Item 9.j. at the Regular Meeting.
7. ADJOURNMENT
Mayor Hill adjourned the meeting at 6:28 p.m.
_____________________________
Jim Hill, Mayor
ATTEST:
_____________________________
Debbie Weichinger, Deputy Clerk
(Approved at CC Mtg __________)
Item 9.f. - Page 1
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 24, 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 6:28 p.m.
2. ROLL CALL
City Council: Council Members Jim Guthrie, Tim Brown, Barbara Harmon, Mayor Pro
Tem Kristen Barneich and Mayor Jim Hill were present.
Staff Present: City Manager Dianne Thompson, City Attorney Heather Whitham, Deputy
City Attorney David Hirsch, Deputy Clerk Debbie Weichinger, Director of
Administrative Services Debbie Malicoat, Public Works Director Geoff
English, Police Chief Steven Annibali, and Associate Planner Mathew
Downing.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Mayor Hill led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements:
November 10, 2015 Regular Meeting:
- Conference With Real Property Negotiator pursuant to Government Code Section
54956.8:
Property: 214 E. Branch Street, Arroyo Grande
Agency Negotiator: Teresa McClish, Community Development Director
Negotiating Party: Randy Steiger, Remax Del Oro
Under Negotiation: Price and terms of lease
City Attorney Whitham reported that the Council provided the City’s negotiator with parameters
for negotiating an extension of the lease.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Mayor Pro Tem 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.
6. SPECIAL PRESENTATIONS
6.a. Mayor’s Commendation Presented to Scott and Carole Wetmore - Water
Conservation Champions.
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Tuesday, November 24, 2015
Mayor Hill presented a Mayor’s Commendation to Scott and Carole Wetmore for their
commitment to water conservation by reducing their water usage by approximately 50% since
2012, saving about 54,000 gallons of water per year, and participating in the City’s Cash for
Grass and Plumbing Retrofit Programs.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who offered an
invocation; Aaron Henkel, read a letter submitting his resignation from the Traffic Commission;
Speaker (declined to state name), expressed concerns about correspondence relating to the
proposed Village Inn, and expressed concern that Mr. Henkel has resigned from a volunteer
position; Pat Dempsey, commented on an article in the Cal Coast News regarding public
records requests submitted to the City; Beatrice Spencer, also commented on the public records
requests the City received, expressed concern about a previous meeting regarding John Mack,
and commented on the petition that she circulated within Berry Gardens; and Brad Snook,
representing Surfrider Foundation, commented on the Diablo Canyon Desalination Plan and the
City’s decision to join in with the County to participate in the dialog.
8. CITY MANAGER REPORT:
City Manager Thompson provided a status report on recent projects and events including
the City’s new Geographic Information Systems (GIS) position and related tasks and
projects that are underway; water conservation activities, including Water School which will
be held on December 10th and December 12th; the 29th Annual Santa Cop Program, and
upcoming Christmas events in the Village.
9. CONSENT AGENDA
Council Member Brown requested Items 9.i. and 9.j. be pulled.
Mayor Hill invited public comment on the remaining Consent Agenda items. April McLaughlin
commented on the warrants and the limited description provided as it relates to public
transparency. No further comments were received.
In response to public comment, Council Member Brown stated that was a good suggestion and
suggested more detail be provided on the reports in the future.
Director of Administrative Services Malicoat stated the City is implementing new software called
OpenGov at the beginning of next year that will be available to the public providing more detail
on the City’s payments.
Action: Mayor Pro Tem Barneich moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 9.a. through 9.h., with the exception of Items 9.i., and 9.j, with
the recommended courses of action. The motion passed on the following roll-call vote:
AYES: Barneich, Brown, Harmon, Guthrie, Hill
NOES: None
ABSENT: None
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Tuesday, November 24, 2015
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period November 1, 2015
through November 15, 2015.
9.b. Consideration of Compensation Adjustments for Part-Time Employees.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ADOPTING COMPENSATION ADJUSTMENTS
FOR PART-TIME EMPLOYEES”.
9.c. Consideration of a Resolution Approving a Side Letter of Agreement Modifying
the FY 2014/15 through FY 2016/17 Memorandum of Understanding with the
Service Employees International Union, Local 620.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE APPROVING A SIDE LETTER OF AGREEMENT
MODIFYING THE FY 2014/15 THROUGH FY 2016/17 MEMORANDUM OF
UNDERSTANDING WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 620”.
9.d. Consideration of a Resolution Adopting an Amendment to the Full Flex
Cafeteria Plan Section 125 to Update the Cafeteria Plan Rates for 2016.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ADOPTING AN AMENDMENT TO THE FULL FLEX
CAFETERIA PLAN SECTION 125 TO UPDATE THE CAFETERIA PLAN RATES FOR
2016”.
9.e. Consideration of Cancellation of December 22, 2015 City Council Meeting.
Action: Cancelled the regularly scheduled Council meeting of December 22, 2015
due to the holiday.
9.f. Consideration of Acceptance of the 2015 Sewer Lining Project, PW 2015-04.
Action: 1) Accepted the project improvements as constructed by Insituform
Technologies, Inc. in accordance with the plans and specifications for the 2015
Sewer Lining Project; 2) Directed staff to file a Notice of Completion; and 3)
Authorized release of the retention, thirty-five days after the Notice of Completion
has been recorded, if no liens have been filed.
9.g. Consideration of Acceptance of the Platino Lane and Oro Drive Intersection
Drainage Improvements Project, PW 2015-08.
Action: 1) Accepted the project improvements as constructed by JG Contracting
Corporation in accordance with the plans and specifications for the Platino Lane and
Oro Drive Intersection Drainage Improvement Project; 2) Appropriated $2,446 of
Sales Tax funds from 2015 Citywide Summer Concrete Repair project cost savings;
3) Directed staff to file a Notice of Completion; and 4) Authorized release of the
retention, thirty-five days after the Notice of Completion has been recorded, if no
liens have been filed.
9.h. Monthly Water Supply and Demand Update.
Action: Received and reviewed the monthly Water Supply and Demand Update
Report.
ITEMS PULLED FROM THE CONSENT AGENDA
9.i. Consideration of Acceptance of the Corporation Yard Administration Building
Project, PW 2013-12.
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Tuesday, November 24, 2015
Recommended Action: 1) Accept the project improvements as constructed by
Pickard & Butters Construction, Inc. in accordance with the plans and specifications
for the Corporation Yard Administration Building Project; 2) Direct staff to file a
Notice of Completion; and 3) Authorize release of the retention to North American
Specialty Surety.
In response to comments by Council Member Brown regarding the project coming in under
budget, Public Works Director English confirmed that the project did come in under budget.
Action: Council Member Brown moved to: 1) Accept the project improvements as
constructed by Pickard & Butters Construction, Inc. in accordance with the plans and
specifications for the Corporation Yard Administration Building Project; 2) Direct staff to file
a Notice of Completion; and 3) Authorize release of the retention to North American
Specialty Surety. Council Member Guthrie seconded, and the motion passed on the following
roll-call vote:
AYES: Brown, Guthrie, Harmon, Barneich, Hill
NOES: None
ABSENT: None
9.j. Consideration of Lease with ReMax Del Oro for the Existing City Hall Building
at 214 E. Branch Street.
Recommended Action: Approve a lease with ReMax Del Oro for the existing City
Hall building at 214 E. Branch Street.
City Manager Thompson introduced the item and Community Development Director McClish
presented the staff report.
Mayor Hill invited public comment. Hearing none, Mayor Hill closed the public comment period.
Council Members Brown and Guthrie explained their opposition to the terms of the lease and
that an outside survey should have been done to find the reasonable value.
Action: Mayor Pro Tem Barneich moved to approve a lease with ReMax Del Oro for the
existing City Hall building at 214 E. Branch Street. Council Member Harmon seconded, and
the motion passed on the following roll-call vote:
AYES: Barneich, Harmon, Hill
NOES: Guthrie, Brown
ABSENT: None
10. PUBLIC HEARINGS
10.a. Consideration of Lot Merger No. 15-002; Conditional Use Permit No. 15-006;
and Mitigated Negative Declaration; Construction of an Approximately 45,000
Square-Foot, Three Story Medical Office Building; Location – Northwest
Item 9.f. - Page 5
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Tuesday, November 24, 2015
Corner of Fair Oaks Avenue and Woodland Drive; Applicant – Triple P, LLC;
Representative – Studio Design Group.
Community Development Director McClish introduced the item and Associate Planner
Downing presented the report and stated the Planning Commission recommended that the
City Council: 1) Adopt a Resolution adopting the Mitigated Negative Declaration and
approving the project; and 2) Direct staff to maintain the gate closure on Woodland Drive.
Council questions ensued regarding parking, ingress and egress, topography, storm water
retention, lighting at night, continuation of the pedestrian/bike pathway, opening the gate on
Woodland Drive, tree mitigation, employee showers, overlay zone, height of the building, and
driveway location.
Nate Stong, Omni-Means, commented on “keep clear” striping.
Brian Starr, SDG Architects, provided an overview and responded to questions from Council
regarding height of the building, retaining wall, driveway location, on and off site parking, night
lighting, pedestrian connection, trash and recycling, electric vehicle stations, double check
valve, and addressed employee shower issues.
Russ Garrison, Bethel Engineering, talked about the finished floor.
Ken Dalebout, Hospital Administrator, Arroyo Grande Community Hospital, addressed Council
questions and concerns.
Mayor Hill opened the public hearing. Speaking from the public were Terry Fibich, representing
the Community Board of Hospitals, in support of the project; Aaron Henkel, expressed concern
with the ingress and egress, the Migratory Bird Act, height of the building, traffic circulation,
sidewalks, and opposed opening the gate; Speaker (declined to state name), commented on the
height of the building, night lighting, and stated two dumpsters are not enough for the facility;
Jeanie Downer, Creekview Court, expressed concern with driveway access and parking;
Speaker (declined to state name), expressed concern with parking; Beatrice Spencer,
expressed concern with parking and traffic; Gloria Telecky, expressed concern with additional
traffic; Colleen Martin, expressed concern with trees, and height of the building; Dennis Harsh,
Woodland Drive, expressed concern with parking; Ken Dalebout, addressed the issue of
employees and spoke regarding the parking; Jerry Carrasco, expressed concern with height of
the building, parking, driveway access, noise and stated pedestrian connectivity should be kept;
Speaker (declined to state name), commented on parking issues and height of the building; Matt
Walker, expressed concern with the project, height of the building, and traffic issues. Hearing
no further comments, Mayor Hill closed the public hearing.
Council comments ensued regarding parking, setbacks, height of the building, the entrance on
Fair Oaks Avenue, traffic, the architecture, the trees helping and not wanting to see trees scaled
back, the gate being kept closed, parking problems need to be addressed, support for building
size, support for eliminating showers, circulation issues needing to be addressed before
opening the gate, not seeing a need for driveways to align up, the proposed driveway on Fair
Item 9.f. - Page 6
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Tuesday, November 24, 2015
Oaks does not work, support for the trees, would like to see the building lowered as much as
possible, and would like to see the final design before approving.
Action: Council Member Guthrie moved to continue the public hearing to a date certain of
January 12, 2015 to study the Fair Oaks entrance and impact on the traffic study and flush out
how interoperation with the hospital will impact parking. Mayor Pro Tem Barneich seconded,
and the motion passed on the following roll-call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 10:24 pm. The Council reconvened at 10:31 pm.
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Consideration of Development of an Ordinance Relating to Medical Marijuana.
Due to the late hour, Mayor Hill invited public comment from those who wished to comment on
the item before leaving. Speaking from the public were Lynn Titus, Arroyo Grande, expressing
concerns with neighbors who are growing medical marijuana and spoke in support of a ban on
the growing of medical marijuana; Danna Weidner, Stillwell Drive, summarized the feelings of
the Cherry Creek HOA and expressed concerns about a neighbor who is growing medical
marijuana.
Community Development Director McClish presented the staff report and recommended
that the Council provide direction regarding the development of a medical marijuana
ordinance.
Deputy City Attorney Hirsch and Police Chief Annibali responded to questions from Council
regarding enforcement, tenant/landloard issues and laws, and providing public education.
At this time, Mayor Hill noted that pursuant to Council policy, the Council must vote unanimously
to continue the meeting past 11:00 p.m.
Action: Mayor Hill moved to continue the meeting past 11:00 p.m., Council Member Brown
seconded, and the motion passed unanimously by voice vote.
Council questions ensued regarding the process of removing a grow at a residence; and
the difference between a collective and a cooperative.
Mayor Hill invited public comment. Speaking from the public were Speaker (declined to state
name), who showed pictures of a neighbor growing medical marijuana, and expressed concerns
with the use of water, fans, and lights, and spoke in support of an Ordinance banning the use of
Item 9.f. - Page 7
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medical marijuana; Beatrice Spencer, spoke in support of a ban; Leonard Lenger, Arroyo
Grande, requested that marijuana be regulated rather than prohibited; Mayor Pro Tem Barneich
read a letter submitted by Caren Ray which suggested a modified approach by banning
excessive noise, lights, etc.
Action: Council Member Harmon moved to direct staff to prepare an Ordinance that cultivation
delivery and all commercial medical marijuana use are prohibited in the City. Council Member
Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Harmon, Guthrie, Barneich, Hill
NOES: Brown
ABSENT: None
13. CITY COUNCIL REPORTS
This item was postponed to the next meeting due to the late hour.
14. COUNCIL COMMUNICATIONS
This item was postponed to the next meeting due to the late hour.
15. CLOSED SESSION
None.
16. ADJOURNMENT
Mayor Hill adjourned the meeting at 11:30 p.m.
_________________________________
Jim Hill, Mayor
ATTEST:
________________________________
Debbie Weichinger, Deputy Clerk
(Approved at CC Mtg ___________)
Item 9.f. - Page 8
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, DECEMBER 8, 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, Mayor Pro Tem Kristen
Barneich and Mayor Jim Hill were present. Council Member Barbara
Harmon was absent.
Staff Present: City Manager Dianne Thompson, City Attorney Heather Whitham,
Director of Legislative and Information Services/City Clerk Kelly Wetmore,
Director of Administrative Services Debbie Malicoat, Director of
Recreation Services John Rogers, Public Works Director Geoff English,
and Police Chief Steven Annibali.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Police Chief Steven Annibali led the Flag Salute.
Mayor Hill stated he would like to take the next item out of order, to consider Item 6, Special
Presentations.
6. SPECIAL PRESENTATIONS
6.a. Introduction and Oath of Office – Police Officers Reggie Bio and Matthew Ready.
Police Chief Annibali introduced new Police Officers Reggie Bio and Matthew Ready and
highlighted their educational and professional backgrounds. City Clerk Wetmore then
administered the Oath of Office of Officers Bio and Ready.
5. AGENDA REVIEW
None.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Mayor Pro Tem 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.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, who provided an
invocation and invited the public to the Rotary Club's movie night, Miracle on 34th Street, on
December 12th at the Fair Oaks Theatre; Martin Melts, Homeless Advocate, provided a copy of
Government Code Section 8698 et seq and expressed concern about upcoming bad weather as
Item 9.f. - Page 9
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Tuesday, December 8, 2015
it relates to the safety of the homeless population; Michael Mondello, commented on PG&E’s
installation of LED streetlights and expressed concern with excessive street lighting and light
pollution; Speaker (declined to state name), expressed concern with the brightness of LED
street lights; commented on communications with the City via email, expressed concern about
not receiving responses from certain Council Members, and unsuccessful efforts to schedule a
meeting with the City Manager; Otis Page, referred to a letter published in Cal Coast News
regarding appearances and suggested the Council apologize to John Mack and expressed
concerns about appearances of conspiracy with developers; Pat Ford, Food Bank volunteer,
commented on the homeless population and spoke about the need for shelter during the winter
months and the need to provide a sanctuary to house the homeless.
Mayor Hill commented that there is a group working toward providing a shelter in Arroyo Grande
this coming winter and they are currently looking for a suitable location.
Pat Dempsey, commented on the ramps at the Brisco interchange stating that traffic is moving
smoothly, he sees no reason to reopen the ramps, favored moving forward with the plan that
closes the ramps, and expressed concern that it takes three votes to put an item on the agenda;
Alexi Conhu, representing Civic Spark, a program hosted by SLO County Air Pollution Control
District, stated Civic Spark will be working with the County to implement its Climate Action Plan;
Ron Holt, expressed concern with public resources being wasted in trying to regulate medical
marijuana usage and growth; Shannon Dempsey, commented on the traffic flow through the
Brisco interchange and favored keeping the ramps closed permanently; John Mack, commented
on the traffic flow through the Brisco interchange and favored keeping the ramps closed, and
stated he has been waiting on a request to meet with the City Manager; Beatrice Spencer,
expressed concern that the taxpayers have paid over 3 million dollars to study options for the
Brisco Interchange, stated that the traffic is flowing smoothly since the ramps have been closed,
and stated that the closure should be extended past January until a permanent solution is
found; and Shirley Gibson, Halcyon, commented that she attends many Council and other
government meetings and expressed concern with the public’s negative behavior at the
meetings and stated she would like to see this issue addressed in order to retain a small town
congenial community. No further public comments were received.
8. CITY MANAGER REPORT:
City Manager Thompson provided a status report on items recently considered by the Traffic
Commission, Planning Commission, and Architectural Review Committee; the PG&E retrofit
project; provided an update on Dog Park maintenance and operations; reported on thefts from
cars in the Village; reported on a tour of the Hothouse in San Luis Obispo and that the City will
be hosting a workshop early next year; and commented on the Elegant Evening in the Village
event.
Mayor Hill referred to the recent notice regarding Tract Map approval and requested a copy of
the Tract Map be provided to the Council in the future along with the notice.
9. CONSENT AGENDA
Mayor Hill commented on Items 9.a. and 9.c. regarding Point C expenditures and the related
contract extension through December 31, 2016 and requested staff check for accuracy on the
expenditures.
Item 9.f. - Page 10
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Mayor Hill invited public comment on the Consent Agenda. No comments were received.
Action: Mayor Pro Tem Barneich moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 9.a. through 9.g., with the recommended courses of action.
The motion passed on the following roll-call vote:
AYES: Barneich, Guthrie, Brown, Hill
NOES: None
ABSENT: Harmon
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period November 16, 2015
through November 30, 2015.
9.b. Consideration of a Resolution Amending the Title and Job Description of the
Capital Projects Engineer Position.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AMENDING THE TITLE AND JOB DESCRIPTION
OF THE CAPITAL PROJECTS ENGINEER POSITION”.
9.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular Meetings of October 27, 2015, and
November 10, 2015 as submitted.
9.d. Consideration of Acceptance of the 2015 Street Surface Repairs and Brisco Road
Asphalt Overlay: El Camino Real to West Branch Street Project, PW 2015-06.
Action: 1) Approved additional expenses in the amount of $29,685 for additional work
on the 2015 Street Repair project; 2) Accepted the project improvements as constructed
by R. Burke Corporation in accordance with the plans and specifications for the 2015
Street Surface Repairs and Brisco Road Asphalt Overlay project; 3) Directed staff to file
a Notice of Completion; and 4) Authorized release of the retention, thirty-five (35) days
after the Notice of Completion has been recorded, if no liens have been filed.
9.e. Consideration of an Award of Contract to Main Line Engineering for Construction
of the Sewer Lift Station No. 1 Pipe Repair Project, PW 2015-12.
Action: 1) Awarded a contract for the Sewer Lift Station No. 1 Pipe Repair project to
Main Line Engineering in the amount of $47,500; 2) Authorized the City Manager to
approve change orders for 10% of the contract amount, $4,750 for unanticipated costs
during the construction phase of the project; and 3) Directed the City Clerk to file a
Notice of Exemption.
9.f. Consideration of Approval for a Tw o-Year Agreement with Two One-Year
Extensions with Venco Power Sweeping, Inc. to Provide Street Sweeping
Services.
Action: Approved a two-year agreement with the option to extend the agreement for an
additional two years, with Venco Power Sweeping, Inc. with the reduction of arterial and
collector sweeping to twice monthly and authorize the Mayor to execute the agreement.
9.g. Consideration of Agreement to Exercise Option to Extend Lease for Gina’s
Restaurant Outdoor Dining Area.
Action: Approved and authorized the Mayor to execute the Agreement to exercise
option to extend lease for Gina’s Restaurant outdoor dining area.
Item 9.f. - Page 11
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10. PUBLIC HEARINGS
10.a. Consideration of Preliminary Approval of Community Development Block Grant
(CDBG) Projects for Year 2016.
Associate Planner Heffernon presented the staff report and recommended that the Council
provide preliminary approval of proposed projects to be funded with the City’s allocation of
CDBG funds for the Year 2016. Staff responded to questions from Council.
Mayor Hill opened the public hearing. Hearing no public comment, Mayor Hill closed the public
hearing.
Action: Mayor Pro Tem Barneich moved to provide preliminary approval of proposed projects to
be funded with the City’s allocation of CDBG funds for the Year 2016. Council Member Brown
seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Brown, Guthrie, Hill
NOES: None
ABSENT: Harmon
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Consideration of an Ordinance Amending Chapter 16.84 of the Arroyo Grande
Municipal Code Regarding Water Efficient Landscape Requirements and Adopting
by Reference the Model Water Efficient Landscape Ordinance of the State of
California and Mandatory Plumbing for Greywater Reuse for New Residential and
Mixed-Use Development; Development Code Amendment Case No. 15-002;
Location – Citywide; Applicant – City of Arroyo Grande.
Community Development Director McClish introduced the item and Associate Planner
Heffernon presented the staff report and recommended that the City Council: 1) Introduce an
Ordinance amending Chapter 16.84 of the Arroyo Grande Municipal Code adopting by
reference the Model Water Efficient Landscape Ordinance of the State of California as
contained in the California Code of Regulations, Title 23, Waters, Division 2.7, Model Water
Efficient Landscape Ordinance, Sections 490 et.seq., including mandatory plumbing for
greywater reuse capabilities for new residential and mixed-use development; and 2) Schedule
January 12, 2016 as the date for a public hearing to adopt the Ordinance pursuant to
Government Code Section 50022.3. Staff responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public was Pat Dempsey, who asked why
other cities were not adopting this ordinance and suggested the cities in the County could work
together on developing an ordinance. No further public comments were received.
Council comments ensued in support of adopting by reference the State’s Model Water Efficient
Landscape Ordinance; however, concerns were expressed regarding the provisions to mandate
Item 9.f. - Page 12
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Tuesday, December 8, 2015
plumbing for greywater reuse for new residential and mixed-use development, as well as the
additional reporting requirements.
Action: Mayor Hill moved to introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE
ARROYO GRANDE MUNICIPAL CODE ADOPTING BY REFERENCE THE MODEL WATER
EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS CONTAINED
IN THE CALIFORNIA CODE OF REGULATIONS TITLE 23 WATERS, DIVISION 2,
DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ., INCLUDING MANDATORY
PLUMBING FOR GREYWATER REUSE CAPABILITIES FOR NEW RESIDENTIAL AND
MIXED-USE DEVELOPMENT” excepting therefrom the reporting requirements, in addition to
the initial report of adoption that is required to be sent to the State.
The motion failed due to lack of a second.
Action: Mayor Pro Tem Barneich moved to introduce an Ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84
OF THE ARROYO GRANDE MUNICIPAL CODE ADOPTING BY REFERENCE THE MODEL
WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS
CONTAINED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 23 WATERS, DIVISION
2, DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ., INCLUDING MANDATORY
PLUMBING FOR GREYWATER REUSE CAPABILITIES FOR NEW RESIDENTIAL AND
MIXED-USE DEVELOPMENT”.
The motion failed due to the lack of a second.
In response to a request by Council Member Guthrie for clarification regarding elimination of
Section 16.84.020 regarding greywater applications from the proposed Ordinance, City Attorney
Whitham referred to the proposed Ordinance and stated that Section 16.84.020 (Greywater
Applications) would be completely eliminated; in the Ordinance title the words “including
mandatory plumbing for greywater reuse capabilities for new residential and mixed-use
development” would be deleted; in the Whereas recitals, 1, 2 3, and 4 would be kept, and 5, 6,
and 7 would be deleted relating to greywater; and in the last Whereas recital, the last sentence
would be modified to delete the words “including mandatory plumbing provisions for greywater
reuse capabilities for new residential and mixed-use development”.
Action: Council Member Guthrie moved to introduce an Ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84
OF THE ARROYO GRANDE MUNICIPAL CODE ADOPTING BY REFERENCE THE MODEL
WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS
CONTAINED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 23 WATERS, DIVISION
2, DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT
Item 9.f. - Page 13
Minutes: City Council Regular Meeting Page 6
Tuesday, December 8, 2015
LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ.,” eliminating the Whereas recitals as
indicated by the City Attorney and eliminating specifically Section 16.84.020 (Greywater
Applications); and to schedule January 12, 2016 as the date for a public hearing to adopt the
Ordinance pursuant to Government Code Section 50022.3. Council Member Brown seconded
the motion. Following final comments, the motion passed on the following roll-call vote:
AYES: Guthrie, Brown, Barneich
NOES: Hill
ABSENT: Harmon
Council Member Guthrie requested that staff specify the minimum reporting requirements in the
next staff report coming back on January 12th.
12.b. Consideration of Selection of Mayor Pro Tem.
City Manager Thompson presented the staff report and recommended that the Council appoint
Council Member Harmon as the Mayor Pro Tem for the next one-year period, pursuant to
Council policy.
Mayor Hill invited public comment. No public comments were received.
Action: Mayor Hill moved to appoint Council Member Harmon as Mayor Pro Tem for the next
one-year period. Council Member Brown seconded, and the motion passed on the following
roll-call vote:
AYES: Hill, Brown, Guthrie, Barneich
NOES: None
ABSENT: Harmon
13. 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)
(b) MAYOR PRO TEM BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
Item 9.f. - Page 14
Minutes: City Council Regular Meeting Page 7
Tuesday, December 8, 2015
(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)
14. COUNCIL COMMUNICATIONS
Council Member Brown expressed concern about previous public comment received about
needing three votes to get something on the agenda, commented that the Council should revisit
the issue; the Council is elected at large and minority opinions are as important as majority
opinions; that there has been a change in the last year in how staff determines what goes on the
agenda; that the Mayor should be able to request an item be placed on the agenda; and
requested that the Council have this policy item put on a future agenda for discussion. He also
commented on the previous gentlemen’s agreement for placing items on the agenda.
Council Member Guthrie commented that he agreed that clarification is needed and stated that
he would like to expand that discussion to include a policy on when it is appropriate for the
Council to consider items that relate to issues outside of the City’s jurisdiction and he would like
clarification on the rights and responsibilities of the Mayor. He further commented on the
previous gentlemen’s agreement and how the current policy was established.
Mayor Pro Tem Barneich commented on the previous gentlemen’s agreement and spoke in
support of the current policy for Council Members requesting approval under Council
Communications to add an item to the agenda.
City Attorney Whitham asked if there was consensus of the Council to direct staff to bring an
item back on a future agenda to discuss Council policies and potential modifications to those
policies. The Council unanimously concurred.
Mayor Hill expressed concern about the response he got from the City Manager and staff
regarding placing an item on this agenda for something as critically important to the City as the
Brisco/Halycon discussion.
Council Member Brown moved to put the Brisco/Halcyon closure on the next January agenda
for discussion. City Manager Thompson stated that this item is already scheduled to be on the
January 12th agenda.
Mayor Hill moved that he would also like the City Council to review parking standards for new
development. He expressed concerns about approving any more projects in the City before
reviewing the City’s existing parking standards. He referred to a number of developments
throughout the City that have inadequate parking and stated they were a planning disaster.
Council Member Brown seconded the motion. Council Member Guthrie and Mayor Pro Tem
Barneich opposed, and the motion failed.
Item 9.f. - Page 15
Minutes: City Council Regular Meeting Page 8
Tuesday, December 8, 2015
Following further discussion and clarification between Council and legal counsel, Council
Member Guthrie moved to direct staff to expedite the parking process through the Planning
Commission for recommendation to the Council. Council Member Brown seconded, and the
Council concurred unanimously.
Mayor Hill commented on the perception of some members in the community of favoritism in the
City’s process for reviewing developments and referred to a letter from a developer that was
distributed by the Chamber of Commerce that indicated that a member of City staff that is in
charge with regulation of development in the City was perhaps a partner proponent of the
development, which concerned him.
Mayor Pro Tem Barneich commented that if there were any questions regarding the project to
contact the City staff member and it was not a statement in support of the project.
15. CLOSED SESSION:
None.
16. ADJOURNMENT
Mayor Hill adjourned the meeting at 8:29 p.m.
_________________________________
Jim Hill, Mayor
ATTEST:
________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ___________)
Item 9.f. - Page 16
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
THURSDAY, DECEMBER 17, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the Special City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
Council Members Jim Guthrie, Tim Brown, Kristen Barneich, Mayor Pro Tem Barbara Harmon,
and Mayor Jim Hill were present.
City Manager Dianne Thompson, City Attorney Heather Whitham, Director of Legislative and
Information Services/City Clerk Kelly Wetmore, City Engineer Matt Horn, and Chief of Police
Steven Annibali were also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT
Mayor Hill stated that public comment would be invited following presentation of the staff report.
5. BUSINESS ITEM
5.a. Consideration of Modification of the Test Closure Termination Date for the Brisco
Road at US 101 Northbound On and Off-Ramps and Update on the Brisco
Interchange Project.
City Manager Thompson introduced the item and provided an update on the San Luis Obispo
Council of Governments (SLOCOG) meeting held on December 16, 2015. City Engineer Horn
presented the staff report and recommended that the Council: 1) Provide direction to staff on
whether or not to request an extension from Caltrans of temporary closure duration until July 11,
2016; and; 2) Direct staff to return to City Council on February 23, 2016, with Test Closure data
analysis.
Staff responded to questions from Council regarding discussions from Police and Fire regarding
the closure; how the six month closure was determined; noticing for the special meeting;
estimated costs for continued closure of the ramps; SLOCOG funding; clarification regarding the
No Build alternative; clarification that National Environmental Policy Act (NEPA) documentation
has not yet been prepared; and that the California Environmental Quality Act (CEQA) document
would have to be revised if an alternative is removed.
Council Member Guthrie reported on the SLOCOG meeting and that there was unanimous
approval to retain funding for the Brisco Interchange project.
Mayor Hill invited public comment. Speaking from the public were Alicia Lara, representing the
Royal Oaks Stakeholders group, suggested a notification link for those interested in updates to
the Brisco Interchange project, expressed appreciation for the added information on the project
Item 9.f. - Page 17
Minutes of City Council Special Meeting
December 17, 2015
Page 2
regarding the cost of eliminating an alternative, and requested extension of the ramp closure;
Mike Furman, Arroyo Grande, favored keeping the ramps closed; Tyler Brown, Arroyo Grande,
favored keeping the ramps closed; Yves Blais, Baja Fresh Owner, supported temporary closure
of the ramps for the study but expressed concern with an extended closure due to negative
impacts to his business; Nathaly Blais, Baja Fresh Owner, expressed concern about losing
business due to the closure of the ramps and the cost of continued study of the closure; Speaker
(declined to state name) expressed appreciation for the special meeting and supported the ramp
closure; Rudy Xavier, Arroyo Grande, stated the City has received a lot of information but it does
not represent a unanimous view and that there could be other reasons to re-open the ramps,
such as public safety response time; and expressed concerns regarding negative impacts to
businesses; Terry Berkley, Arroyo Grande, supported the ramp closure; Wendell Schultz, Arroyo
Grande, expressed concerns about the Oak Park intersection at Branch and Grand Avenue,
supported Alternative 1 and reopening the ramps; Pat Dempsey, Arroyo Grande, supported the
ramp closure and stated that he distributed a neighborhood flyer; Chuck Kass, Royal Oaks,
questioned the priorities and benefits and what the City can afford, opposed the $14 million
project and supported extending the ramp closure and finishing the study. Hearing no further
comments, Mayor Hill closed the public comment period.
Council comments ensued regarding the temporary ramp closure and moving forward with the
request to Caltrans to extend the closure for six months including acknowledgement of the
volume of public comments received in favor of keeping the ramps closed; providing instant
notification regarding project updates; concern about full project funding sources; that
businesses need to be notified more robustly; acknowledgement that Brisco Road appears to be
functioning better with the ramps closed; acknowledgement that there are other considerations
such as public safety response times; and a suggestion to include notice of the February 23rd
meeting on the project sign located at the Brisco intersection.
Action: Council Member Guthrie moved to send the rider through to Caltrans requesting a six
month extension of the closure of Brisco and to direct staff to return to the City Council on
February 23, 2016, with Test Closure data analysis. Council Member Brown seconded, and the
motion passed on the following roll-call vote:
AYES: Guthrie, Brown, Barneich, Harmon, Hill
NOES: None
ABSENT: None
6. ADJOURNMENT
Mayor Hill adjourned the meeting at 7:30 p.m.
______________________________
Jim Hill, Mayor
ATTEST:
_______________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
Item 9.f. - Page 18