CC 2016-02-23_09c Approval of 01-26-16 MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 26, 2016
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, Kristen Barneich, Mayor Pro
Tem Barbara Harmon and Mayor Jim Hill were present.
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, Community
Development Director Teresa McClish, Public Works Director Geoff
English, and Police Chief Steven Annibali.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Terry Fibich, 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.
Council Member Brown moved, Council Member Guthrie 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 Sprinkler King.
Mayor Hill announced that at the request of the recipient, the Commendation would be
rescheduled to a future meeting.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Sissy Pace, Arroyo Grande,
who offered an invocation; Patty Welsh, commented that public comment had been removed
from the end of the Agenda, commented on Council relations, and requested that public
comment be placed back on the agenda at the end of the meeting; Pat Dempsey, Arroyo
Grande, read a portion of the Executive Summary from the Knudsen Report regarding its
investigation of the South San Luis Obispo Sanitation District; April McLaughlin, commented
that the Knudsen Report is available online at www.sslocsd.org and read a portion of the report;
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Colleen Martin, Arroyo Grande, commented that the SSLOCSD meeting can be viewed at
www.slo-span.org and read a portion of the Knudsen report; Beatrice Spencer, Arroyo Grande,
showed a graph of the Wallace Group’s billing history and read a portion of the Knudsen Report;
Leann Akins, Arroyo Grande, commented on the minutes of the SSLOCSD meeting relating to
Mayor Hill’s motion to refer the findings of the Knudsen Report to law enforcement; Shirley
Gibson, Halcyon, shared Arroyo Grande History from 1927 regarding the purchase of school
property, the first sewer lines installed, and the Arroyo Horseshoe Club.
8. CITY MANAGER REPORT:
City Manager Thompson provided a status report on items recently considered by the Traffic
Commission, Planning Commission, and Historical Resources Committee; recent projects and
events including recent rainfall figures; Lopez Lake storage capacity; in-house capital
nitrification project that was recently completed on time and under budget; temporary closure of
the Swinging Bridge for repairs and maintenance needs; safety training provided by the Police
Department for City Hall staff; and the launch of OpenGov in April to increase the City’s
financial transparency.
9. CONSENT AGENDA
Council Member Brown requested Items 9.a., 9.g., and 9.h. be pulled. Mayor Pro Tem Harmon
requested Item 9.c. be pulled.
Mayor Hill invited public comment on the Consent Agenda. No public comments were received.
Action: Council Member Guthrie moved, and Council Member Barneich seconded the motion to
approve Consent Agenda Items 9.b., 9.d., 9.e., and 9.f., with the recommended courses of
action. The motion passed on the following roll-call vote:
AYES: Guthrie, Barneich, Brown, Harmon, Hill
NOES: None
ABSENT: None
9.b. Consideration of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as of December 31, 2015, as required by Government Code Section 53646(b).
9.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of January 12,
2016, as submitted.
9.e. Consideration to Approve an Agreement for Consultant Services with Ravatt
Albrecht & Associates, Inc. for the City Council Chambers Access Improvement
Project, PW 2015-14.
Action: 1) Approved an Agreement for Consultant Services with Ravatt Albrecht &
Associates in the amount of $30,000; 2) Authorized the City Manager to approve change
orders up to 10% of the contract amount in the amount of $3,000 for additional work
and/or unanticipated costs during the design and environmental review process; and 3)
Authorized the Mayor to execute the Agreement for Consultant Services.
9.f. Consideration to Approve the Purchase of a Replacement Backup Pump and
Motor for Lift Station No. 1.
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Action: Approved the purchase of a replacement backup submersible sewage
pump/motor for Sewer Lift Station No. 1 in the amount of $39,000 and appropriated
funding for the purchase.
ITEMS PULLED FROM THE CONSENT AGENDA
9.a. Consideration of Cash Disbursement Ratification.
Recommended Action: Ratify the listing of cash disbursements for the period January
1, 2016 through January 15, 2016.
In response to questions by Council Member Brown, staff clarified credit card payments,
provided an overview of the supplemental information distributed to the Council which provides
a more detailed description of purchases, and explained the increase in charges from the
Wallace Group.
Mayor Hill invited public comment. Speaking from the public was April McLaughlin, Arroyo
Grande, who thanked staff for providing more detail in the financial reports. No further
comments were received.
Action: Council Member Brown moved to ratify the listing of cash disbursements for the period
January 1, 2016 through January 15, 2016. Council Member Guthrie seconded, and the motion
passed on the following roll-call vote:
AYES: Brown, Guthrie, Barneich, Harmon, Hill
NOES: None
ABSENT: None
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, 3015.
In response to comments by Mayor Pro Tem Harmon, staff provided an overview of the policy
for approval of credit card purchases and noted that staff is working on updating the City’s
Purchasing Policy.
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Barneich moved to receive and file the Comprehensive Annual
Financial Report for the fiscal year ended June 30, 3015. Mayor Pro Tem Harmon seconded,
and the motion passed on the following roll-call vote:
AYES: Barneich, Harmon, Guthrie, Brown, Hill
NOES: None
ABSENT: None
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9.g. Monthly Water Supply and Demand Update.
Recommended Action: Receive and review the monthly Water Supply and Demand
Report.
In response to comments by Council Member Brown, staff commented on El Nino rain fall
projections, that they are lower than expected, and encouraged residents to continue to
conserve water.
Mayor Hill invited public comment. Speaking from the public was Patty Welsh, who requested
that businesses be included in the water conservation restrictions and asked if the City would be
going into a Stage 2 water emergency; LeAnn Akins, commented on other ways to conserve
water through the “Cash for Grass” program, and encouraged residents and businesses to not
only conserve water but to use only native plants, which will help preserve the bee population.
No further comments were received.
City Manager Thompson provided an update on the Cash for Grass program.
Action: Council Member Barneich moved to receive the monthly Water Supply and Demand
Report. Council Member Brown seconded, and the motion passed unanimously by voice vote.
9.h. Consideration of Development Code Amendment Case No. 15-003; Adoption of
Ordinance Adding Chapter 16.62 to Title 16 of the Arroyo Grande Municipal Code
Regarding Medical Marijuana; Location – Citywide; Applicant – City Of Arroyo
Grande.
Recommended Action: Adopt an Ordinance adding Chapter 16.62 to Title 16 of the
Arroyo Grande Municipal Code relating to medical marijuana dispensaries, cooperatives
and collectives, cultivation of medical marijuana, and deliveries of medical marijuana or
medical cannabis products.
Council Member Brown stated he requested this item be pulled for a separate roll call vote.
Mayor Hill commented that the State has mandated cities to adopt an Ordinance by March 1st
and stated the Ordinance can be modified in the future and requested staff to look into the
matter as necessary.
Mayor Hill invited public comment. Speaking from the public were Jack Stevens, in opposition
to the Ordinance prohibiting Medical Marijuana dispensaries, cooperatives and collectives,
cultivation of medical marijuana and deliveries of medical marijuana; Kate Kytle, in opposition to
the Ordinance; Cindy Gonzales, in opposition to the Ordinance; and Patty Welsh, in opposition
to the Ordinance.
Action: Council Member Guthrie moved to adopt an Ordinance entitled “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 16.62 TO
TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO MEDICAL
MARIJUANA DISPENSARIES, COOPERATIVES AND COLLECTIVES, CULTIVATION OF
MEDICAL MARIJUANA, AND DELIVERIES OF MEDICAL MARIJUANA OR MEDICAL
CANNABIS PRODUCTS. Council Member Barneich seconded the motion.
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The motion passed on the following roll-call vote:
AYES: Guthrie, Barneich, Harmon, Hill
NOES: 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 Corner of Fair
Oaks Avenue and Woodland Drive; Applicant – Triple P, LLC; Representative –
Studio Design Group.
Community Development Director McClish 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. Staff responded to questions from Council.
Brian Starr, SDG Architects, provided an overview of the project and responded to questions
from Council regarding entry, lighting, height of the building, parking, trees, trash enclosure, and
landscaping. Russ Garrison, Bethel Engineering, addressed lighting standards.
Mayor Hill opened the public hearing. Speaking from the public were Patty Welsh, stating she
clearly remembers 12 ft. light poles were discussed; Beatrice Spencer, spoke on behalf of
Leann Akins, reading a letter expressing concern with growth and parking, and was not satisfied
with the traffic study; Speaker (did not state name), expressed concern about traffic, noise,
access from garbage trucks, lighting, duration of construction, lack of parking, impacts to public
health and safety being that the project is 60 ft. from his front door and encouraged the Council
to downsize the project; Colleen Martin, Arroyo Grande, requested the mailbox serving the
Walnut Grove development be turned around to face the sidewalk instead of the street; Jeannie
Downer, requested the mailbox be turned around and thanked Mayor Pro Tem Harmon for the
help with the parking; and April McLaughlin, expressed concern that staff does not know
answers to the questions being brought to them. Hearing no further comments, Mayor Hill
closed the public hearing.
Council comments ensued regarding light standards and height of poles, building size, and
turning the mailbox around to face the sidewalk.
Action: Council Member Brown moved to adopt a Resolution entitled: “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING LOT MERGER 15-002 AND CONDITIONAL USE PERMIT
15-006; LOCATED AT THE NORTHWEST CORNER OF FAIR OAKS AVENUE AND
WOODLAND DRIVE; APPLIED FOR BY TRIPLE P, LLC”, with the following modifications: 1)
That Condition No. 131 regarding driveway alignment will be removed; 2)That a Condition be
added regarding the Reciprocal Driveway Easement between the project site and the hospital; 3)
That a Condition be added regarding shared parking for the residents; 4) That there be a very
specific height limit of 12 ft. on the exterior light poles and keeping the bollards in place to maintain
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the Woodland Drive street closure; and 5) That a Condition be added requiring the applicant to
work with the Walnut Grove Homeowners Association and the U.S. Post Office on the feasibility of
relocating or reorienting the mailbox to the sidewalk at the expense of the applicant. Council
Member Brown also noted that the project meets all five of the findings for approval of the
Conditional Use Permit. Council Member Barneich seconded, and the motion passed on the
following roll-call vote:
AYES: Brown, Barneich, Guthrie, Harmon, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 9:00 p.m. The Council reconvened at 9:05 p.m.
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Consideration of an Ordinance Regulating Expanded Polystyrene Food
Containers and Products; Location - Citywide; Applicant – City of Arroyo Grande.
Community Development Director McClish presented the staff report and recommended the
Council introduce an Ordinance adding Chapter 8.34 to the Arroyo Grande Municipal Code
prohibiting the use of expanded polystyrene food or drink containers and the retail sale of non-
encased expanded polystyrene products. Staff responded to questions from Council.
Mayor Hill invited public comment. Speaking from the public were Robert Robert, Grover
Beach, in support of the proposed Ordinance to ban the use of polystyrene products; Cory
Jones, San Luis Obispo, Cal Poly student, in support of the proposed Ordinance; Brad Snook,
Surfrider Foundation, in support of the proposed Ordinance; Judith Bernstein, Arroyo Grande,
SLO Foam Free member, in support of the proposed Ordinance; Anita Shower, Grover Beach,
President, Eco Club Five Cities, in support of the proposed Ordinance; Doug Tait, Arroyo
Grande, on behalf of Morro Coast Audubon Society, spoke in support of the proposed
Ordinance.
Council comments ensued regarding the use of polystyrene products at schools and whether
schools would have to comply with the Ordinance; percentage of polystyrene products being
used in the City; outreach made to restaurants; concern about penalizing businesses; and the
cost for businesses to transition to the use of alternative food containers and products.
Action: Council Member Barneich moved to introduce an Ordinance entitled: “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING
CHAPTER 8.34 TO TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE REGULATING
EXPANDED POLYSTYRENE FOOD CONTAINERS AND PRODUCTS”. Council Member
Brown seconded, and the motion passed unanimously on the following roll call vote:
AYES: Barneich, Brown, Guthrie, Hill
NOES: Harmon
ABSENT: None
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12.b. Review and Provide Direction Regarding Amendments to the Policy/Procedure
For Conducting City Council Business.
City Manager Thompson presented the staff report and recommended that the Council review
the current Policy/Procedure for Conducting City Council Business and determine if the Council
wishes to request amendments to the policy for consideration at a future meeting.
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, commented that
the Mayor should have the power to add items to the agenda; Brad Snook, Arroyo Grande,
appreciates the hard questions that Council asks to get the answers needed; Pat Dempsey,
Arroyo Grande, suggested adding language that the Mayor can add one agenda item to a future
meeting and that one agenda item can be added by a Council Member by a vote of two Council
Members and that the same item cannot be reintroduced for a certain period of time; Colleen
Martin, Arroyo Grande, commented that she feels the Mayor and Mayor Pro Tem should
prepare the agenda with the City Manager; and April McLaughlin, commented that the Mayor
and Mayor Pro Tem should prepare the agenda.
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: Council Member Guthrie moved to continue the meeting until 11:30 p.m. Council
Member Barneich seconded, and the motion passed unanimously by voice vote.
Action: Council Member Brown moved to amend Policy 2, Subsection 7.A. to allow a Council
Member to request an item of business be placed on a future agenda with the concurrence of at
least one other Council Member. Mayor Hill seconded, and the motion passed on the following
roll call vote:
AYES: Brown, Hill, Guthrie, Barneich, Harmon
NOES: None
ABSENT: None
Action: Council Member Brown moved to amend Policy 2, Subsection 1.C. to make it
consistent with State law, to read as follows: “A special meeting may be called at any time by
the presiding officer or by a majority of the City Council.” Council Member Guthrie seconded,
and the motion passed unanimously by voice vote.
Action: Council Member Brown moved to defer the discussion regarding the role and
responsibilities of the Mayor until more research can be done. Council Member Guthrie
seconded, and the motion passed unanimously by voice vote.
Action: Council Member Guthrie moved to direct staff to research some guidelines or criteria
regarding the scope of agenda topics, particularly for issues that may be outside of the City’s
jurisdiction. Council Member Brown seconded, and the motion passed unanimously by voice
vote.
Council Member Guthrie also suggested that a time certain be established for items on the
Agenda.
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13. CITY COUNCIL REPORTS
Action: Council Member Guthrie moved to postpone City Council Reports to the next meeting,
Mayor Pro Tem Harmon seconded, and the motion passed unanimously by voice vote.
14. COUNCIL COMMUNICATIONS
None.
15. CLOSED SESSION
This item was postponed to the next meeting due to the late hour.
16. ADJOURNMENT
Prior to adjournment, Mayor Hill invited public comment. Speaking from the public was Beatrice
Spencer, who read the last paragraph of the Knudsen Report. No further public comment was
received.
Mayor Hill adjourned the meeting at 11:25 p.m.
______________________________________
Jim Hill, Mayor
ATTEST:
______________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
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