CC 2016-03-22_09e Approval of MinutesACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 8, 2016
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the Special City Council Meeting to order at 5:00 p.m.
2. ROLL CALL
Council Members Jim Guthrie, Tim Brown, Kristen Barneich, Mayor Pro Tern Barbara Harmon,
and Mayor Jim Hill were present.
City Manager Dianne Thompson, City Attorney Heather Whitham, and Director of Legislative
and Information Service's/City Clerk Kelly Wetmore were also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT
Mayor Hill invited public comment. Speaking from the public were Pat Dempsey, Arroyo Grande,
commented on the timing of the meeting as it relates to public notification, City Manager goals
not being set or met, and submitted a sample copy of the League of California Cities City
Manager performance evaluation form; Beatrice Spencer, expressed concern with the timing of
the meeting as it relates to notification and public comment, and requested more information on
the evaluation process; Patty Welsh, expressed concern that the special meeting is not being
televised, spoke regarding response times to emails and phone calls from the previous City
Manager and Interim City Manager, expressed concern about the expense to recruit the current
City Manager, terms of the agreement, lack of identified goals to date, and of the lateness of the
City Manager's six month review; and Roger Guthrie, expressed concern about the 24-hour
notice of the meeting. No further comments were received.
5. CITY COUNCIL CLOSED SESSION
City Attorney Whitham announced that the Council would adjourn to closed session to consider
the following item:
a. Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
Adjourned to closed session.
6. RECONVENE TO OPEN SESSION:
The Council reconvened at 6:04 p.m. in conjunction with the Regular City Council meeting.
Under Item 5 of the Regular Agenda, City Attorney Whitham announced that the City Council
would reconvene Friday, March 11, 2016 at 9:00 a.m. to continue discussion of the City
Manager performance evaluation.
Item 9.e. - Page 1
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March 8, 2016
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7. ADJOURNMENT
The special meeting was adjourned at 6:04 p.m.
Jim Hill, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____ _
Item 9.e. - Page 2
ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 8, 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 6:07 p.m.
2. ROLL CALL
City Council:
Staff Present:
Council Members Jim Guthrie, Tim Brown, Kristen Barneich, Mayor Pro
Tern Barbara Harmon and Mayor Jim Hill were present.
City Manager Dianne Thompson, City Attorney Heather Whitham,
Assistant City Attorney David Hirsch, Director of Legislative and
Information Services/City Clerk Kelly Wetmore, Director of Administrative
Services Debbie Malicoat, Community Development Director Teresa
McClish, Associate Planner Kelly Heffernen, Associate Planner Matt
Downing, Police Chief Steve Annibali, Public Works Director Geoff
English and FCFA Fire Chief Steve Lieberman.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Members of Boy Scout Troop 413 led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements
March 8, 2016 Special Meeting -5:00 p.m.
a. Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
City Attorney Whitham announced that the City Council would reconvene this Friday, March 11,
2016, at 9:00 a.m. to continue discussion of the City Manager performance evaluation.
5.b. Ordinances Read in Title Only.
Council Member Barneich 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. Presentation by Five Cities Fire Authority -Mid-Year Status Report
Chief Lieberman presented the Five Cities Fire Authority Mid-Year Status Report and
responded to questions from Council regarding the strategic planning process and facilitator,
and the auto aid agreement.
Item 9.e. - Page 3
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Tuesday, March 8, 2016
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Mayor Hill invited public comment. Speaking from the public was Patty Welsh, regarding the
CERT program and disaster preparedness, suggested that this training be provided for citizens
in the City, and announced that on March 12th there would be a disaster preparedness day at
the Madonna Inn. No further comments were received.
Chief Lieberman commented that CERT programs throughout the County with smaller agencies
are constrained; that there are two active programs in the County; that City of San Luis Obispo
Fire had recently cancelled a program due to lack of signups; and that the County Fire Chiefs
Association is trying to find a model to regionalize CERT training and to put all the resources
into managing a Countywide Corps of CERT volunteers.
No formal action was taken on this item.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Sissy Pace, who offered an
invocation; Beth Robb, Executive Director of the Boys and Girls Club, regarding youth programs
offered at the Club and announced that March ih -121h is National Boys and Girls Club Week,
and March 19th is the Annual Gala to support summer programs; Devin Ward, expressed
concern regarding the crosswalk that was removed at the corner of S. Alpine Street and E.
Grand Avenue and the danger is presents to pedestrians, and requested that Item 11.a. be
moved up on the Agenda to be heard first.
Mayor Hill requested staff to follow up on the concern expressed about the crosswalk removal at
S. Alpine Street and E. Grand Avenue.
8. CITY MANAGER REPORT:
City Manager Thompson provided a status report on items recently considered by the Planning
Commission, Traffic Commission, and Architectural Review Committee; reported on the Bridge
Street Bridge community meeting; reported that the Storm Rewards Workshop was well
attended; reported on storm damage and rain totals in the City; and provided an update on the
Swinging Bridge repair project.
9. CONSENT AGENDA
Mayor Pro Tern Harmon requested that Item 9.d. be pulled.
Council Member Guthrie requested that Item 9.e. be pulled.
Action: Council Member Guthrie moved, and Council Member Barneich seconded the motion to
approve Consent Agenda Items 9.a. through 9.j., with the exception of Items 9.d. and 9.e., with
the recommended courses of action.
Prior to the vote, Mayor Hill invited public comment on the Consent Agenda. Speaking from the
public were Devin Ward, requested that Item 11.a. be moved up on the Agenda; Beatrice
Spencer, referred to Item 9.a. and commented on payments to Wallace Group regarding the
FOG program and possibly having the Sanitation District handle this program instead,
commented that the amount of money being paid to the Wallace Group is of concern, and
requested clarification regarding the description of an item on Page 7 of the Cash Disbursement
report. No further public comments were received.
Item 9.e. - Page 4
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Tuesday, March 8, 2016
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Mayor Hill referred to Item 9.i., spoke in support of the Plumbing Retrofit Program, and
commented that in terms of commercial retrofits, there are standard fixtures noted in the
proposal and he wondered if other types of commercial style fixtures might be offered in the
program.
The motion passed on the following roll-call vote:
AYES:
NOES:
Guthrie, Barneich, Brown, Harmon, Hill
None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period February 16, 2016
through February 29, 2016.
9.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meetings of February 9,
2016 and February 23, 2016, as submitted.
9.c. Consideration of Council Appointment to Downtown Parking Advisory Board.
Action: Approved the appointment of Julie Gonzalez to the Downtown Parking Advisory
Board.
9.f. Consideration of a Reimbursement Agreement for Waterline Installation; Location
-251 East Grand Avenue.
Action: 1) Approved a Reimbursement Agreement with PFG Arroyo Grande, Inc. for
the installation of a waterline and authorized the Mayor to execute the Agreement; and
2) Appropriated $45,000 from the Water Fund unallocated fund balance.
9.g. Consideration of a Resolution Accepting Public Utility, Creek, and Street Tree
Easements and Approving License Agreements at 139 West Branch Street.
Action: 1) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE ACCEPTING A PUBLIC UTILITY EASEMENT,
A PUBLIC CREEK EASEMENT AND A PUBLIC STREET TREE EASEMENT AND
APPROVING LICENSE AGREEMENTS; LOCATED AT 139 WEST BRANCH
STREET"; and 2) Approved and authorized the City Manager to execute License
Agreements for the use of City property at 139 West Branch Street.
9.h. Consideration of an Agreement with Rick Engineering Company for Pavement
Condition Evaluation and Pavement Management System Update.
Action: 1) Approved a Consultant Services Agreement with Rick Engineering Company
for pavement condition evaluation services and to update the City's Pavement
Management Plan in the amount of $41,050.00; 2) Authorized an additional $4,100 in
contingency funds; and 3) Authorized the Mayor to execute the Agreement.
9.i. Consideration of a Third Amendment to Contract with Waterboys Plumbing Inc.
for the Plumbing Retrofit Program.
Action: 1) Approved a Third Amendment to the contract with Waterboys Plumbing, Inc.
in the amount of $74,335; and 2) Authorized the Mayor to execute the Third Amendment
to the Contract.
9.j. Consideration of an Award of Contract to Lee Wilson Electric Company for
Construction of the Oak Park Boulevard/West Branch Street/US 101 Traffic Signal
Upgrade Project, PW 2014-01.
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Tuesday, March 8, 2016
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Action: 1) Awarded the construction plans and specifications for the Oak Park/West
Branch Street/US 101 Traffic Signal Upgrade project; 2) Found that the subject project is
categorically exempt from CEQA pursuant to Sections 15301(b) and 15301(c); 3)
Directed the City Clerk to file a Notice of Exemption; 4) Awarded a contract for the Oak
Park/West Branch Street/US 101 Traffic Signal Upgrade project to Lee Wilson Electric
Company in the amount of $81, 175; and 5) Authorized the City Manager to approve
change orders for 10% of the contract amount, $8, 117 for unanticipated costs during the
construction phase of the project.
ITEM PULLED FROM THE CONSENT AGENDA
9.d. Consideration of a Resolution Approving Amendments to the Policy/Procedure for
Conducting City Council Business.
Recommended Action: Adopt a Resolution amending the Policy/Procedure for
Conducting City Council Business (Policy #2) contained in the City Council Operations
Manual.
Mayor Pro Tern Harmon commented that after further review of this item, the current policy has
worked in the past, and with an agenda review process now in place, there is no need to
change the policy now.
Council discussion ensued regarding proposed revisions to the policy including modifications to
remove Subsections B.4. and B.5 , and modification of Section 7.A. to state "Any request to
place a matter of business for original consideration on a future agenda requires the
concurrence of at least one other Council Member."
Action: Council Member Brown moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE
POLICY/PROCEDURE FOR CONDUCTING CITY COUNCIL BUSINESS CONTAINED IN THE
CITY COUNCIL OPERATIONS MANUAL", as modified to remove Subsections B.4. and B.5.
and that Section 7.A. include the words "for original consideration". Mayor Hill seconded the
motion.
Council Member Guthrie expressed concerns, commented that this is not a common issue
among City Councils, that the policy may need to be reconsidered in the future, but that he
could support the item tonight.
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, stating that the
minority Council opinion is as important as the majority Council opinion; and Gail Lightfoot,
regarding Roberts Rules on voting. No further comments were received.
The motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Brown, Hill, Guthrie
Barneich, Harmon
None
Item 9.e. - Page 6
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Tuesday, March 8, 2016
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9.e. Consideration of Temporary Use Permit No. 16-001; Authorization to Use City
Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival
and Stampede on May 28 and 29, 2016; Applicant -Arroyo Grande Village
Improvement Association.
Recommended Action: Adopt a Resolution authorizing the use of City property and
closure of City streets for the Annual Arroyo Grande Strawberry Festival and Stampede
on May 28 and 29, 2016.
Staff responded to questions from Council regarding the process that the Village Improvement
Association (VIA) would take to survey festival attendees about the event, and acknowledged
the need to correct the date of approval in General Condition of Approval #3 in the Resolution.
Action: Mayor Hill moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT
NO. 16-001; AUTHORIZING THE USE OF CITY PROPERTY AND CLOSURE OF CITY
STREETS FOR THE ANNUAL ARROYO GRANDE STRAWBERRY FESTIVAL AND
STAMPEDE ON MAY 28 AND 29, 2016; APPLIED FOR BY THE ARROYO GRANDE
VILLAGE IMPROVEMENT ASSOCIATION", as modified to correct the date in General
Condition No. 3 to March 8, 2016. Mayor Pro Tern Harmon seconded the motion.
Mayor Hill invited public comment. No public comments were received.
The motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Hill, Harmon, Guthrie, Brown, Barneich
None
None
Brief discussion ensued regarding the request to move Item 11.a. up on the agenda.
Trudy Jarratt, Arroyo Grande, expressed concern about possible violation of the Brown Act as it
relates to notification of public hearing items and timing if Item 11.a. was moved up on the
Agenda.
After further consideration, the Council agreed to proceed with the Agenda items as posted.
10. PUBLIC HEARINGS
10.a. Consideration of Community Development Block Grant (CDBG) Projects for Year
2016; and Arroyo Grande Community Service Grant Program Allocations.
Community Development Director McClish introduced the item. Associate Planner Heffernen
presented the staff report and recommended that the Council: 1) Adopt a Resolution approving
projects to be funded with the City's allocation of CDBG funds for the Year 2016; and 2) Adopt a
Resolution approving projects to be funded with the City's Community Service Grant Program
funds. Staff responded to questions from Council.
Item 9.e. - Page 7
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Tuesday, March 8, 2016
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Mayor Hill opened the public hearing. Speaking from the public in support of the funding
requests and thanking the Council for current and past support was Jana Nichols, representing
the Five Cities Homeless Coalition; Anna Boyd-Bucy, representing Big Brothers Big Sisters;
Susan Graves, representing CASA; and Horace Morana, representing SCORE. Hearing no
further comments, Mayor Hill closed the public hearing.
Action: Council Member Guthrie moved to adopt Resolutions entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS FOR YEAR 2016", and "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING
COMMUNITY SERVICE GRANT PROGRAM PROJECTS FOR FISCAL YEAR 2015-16".
Council Member Barneich seconded, and the motion passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
Guthrie, Barneich, Brown, Harmon, Hill
None
None
10.b. Consideration of Staff Project 15-012; A Public Art Sculpture Entitled "Arboring
Our Roots of Diversity"; Location: 495 Fair Oaks Avenue; Applicant: Five Cities
Diversity Coalition.
Associate Planner Downing presented the staff report and recommended that the Council allow
public comment and provide input on the proposed sculpture. Staff responded to questions from
Council.
Mayor Hill opened the public hearing. Speaking from the public were David Kong, Chairman of
the Five Cities Diversity Coalition, provided additional background regarding the sculpture; Jim
Trask, clarified the location of the sculpture and provided additional information regarding the
conceptual creation of the public art sculpture, and then introduced Cassie Travis, Zoey Nucom,
and Gabriella Santiago as students involved in the project; Trudy Jarratt, commended the Five
Cities Diversity Coalition for bringing this project forward; the artist, Jim Trask and students
involved in the project; and Nan Fowler, President of the Clark Center, in support of the project.
Hearing no further comments, Mayor Hill closed the public hearing.
Council comments included support for the project and a suggestion for placing a plaque on or
near the sculpture regarding the history of the sculpture and the formation of the Five Cities
Diversity Coalition.
No formal action was taken on this item.
Mayor Hill called for a break at 8:10 p.m. The Council reconvened at 8:15 p.m.
11. OLD BUSINESS
11.a. Consideration of Development of a Revised Ordinance Relating to Medical
Marijuana.
Item 9.e. - Page 8
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Tuesday, March 8, 2016
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City Manager Thompson introduced the item. Community Development Director McClish
presented the staff report and recommended that the Council provide direction regarding the
development of a revised medical marijuana ordinance.
David Hirsch, Assistant City Attorney, provided an overview of options to permit limited
cultivation, proposed regulations, and mobile delivery services.
Police Chief Annibali reviewed concerns regarding unregulated mobile deliveries as it relates to
enforcement.
Staff responded to questions from Council.
Mayor Hill opened the public hearing. Speaking from the public were Devin Ward, in support of
medical marijuana and home deliveries; Jeff Roberts, addressed concerns about potency,
neighborhood nuisances, concerns about grows as it relates to time, and supported regulation;
Patty Welsh, in support of medical marijuana regulation; Mark Casey, in support of medical
marijuana regulation and mobile delivery to those who are terminally ill; Cynthia Gonzales,
commented that medical marijuana is a medicine and supported medical cannibus mobile
delivery; Joanie, co-founder of a mobile delivery service that operates in San Luis Obispo
County, in support of mobile deliveries; Tammy Paluso, in support of medical marijuana
regulation; Gail Lightfoot, in support of medical marijuana and allowing mobile deliveries; and
Rich Besco, in support of mobile delivery of medical marijuana, support for local regulations,
and including lab testing in the ordinance. No further comments were received.
Council comments ensued regarding the options presented in the staff report. City Manager
Thompson commented that there would be significant costs in preparing an ordinance as it
relates to regulating mobile deliveries, as well as for implementation.
Action: Council Member Brown moved to approve Option No. 2 (permit limited cultivation of
medical marijuana), with an ordinance to include limited delivery as it relates to number of people,
regulations to include background checks, testing, and other regulations as necessary to be safe.
Council Member Guthrie asked if the motion could include directing staff to investigate methods by
which mobile delivery might be revenue generating.
Council Member Brown agreed and amended his motion to include directing staff to investigate
methods by which mobile delivery might be revenue generating.
Council Member Guthrie seconded the amended motion.
Brief Council discussion ensued regarding regulations and including a look back clause.
Council Member Brown further amended his motion to include a look back clause in the ordinance.
Council Member Guthrie restated his second, and the motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Brown, Guthrie, Barneich, Harmon, Hill
None
None
Item 9.e. - Page 9
Minutes: City Council Regular Meeting
Tuesday, March 8, 2016
12. NEW BUSINESS
None.
13. COUNCIL COMMUNICATIONS
PageB
Council Member Barneich displayed a photo that she received from a citizen regarding of the
off-ramp at Grand Avenue with the cars backing up on the freeway and suggested the timing on
the signal be changed.
Council Member Guthrie reported on SLOCOG's Board action to approve funding for the Brisco
Interchange project and that the funding would be split between two STIP cycles. ,,
Mayor Hill noted some items he would like to see on a future agenda to include reviewing
business regulations as it relates to streamlining processes, specifically regarding the sign
ordinance; parking standards and requirements for developments; policy development for
roundabouts in the City; and consideration of changing daytime public meeting time, such as
the Architectural Review Committee, so that it is more convenient for the public to attend.
City Manager Thompson suggested that these items could be brought back to the Council to
discuss through the Strategic Planning Process.
Mayor Hill invited public comment. Speaking from the public was Beatrice Spencer, expressed
appreciation for the Council's direction on the medical marijuana issue; that she is glad that
parking requirements are being reviewed; supported consideration of changing daytime public
meeting times so that it is easier for the public to attend; and stated that there is a lot of work to
do for the City to become business friendly. No further comments were received.
14. CLOSED SESSION
None.
15. ADJOURNMENT
Mayor Hill adjourned the meeting at 10:12 p.m.
Jim Hill, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg-----·
Item 9.e. - Page 10
ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
FRIDAY, MARCH 11, 2016
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the Special City Council Meeting to order at 9:00 a.m.
2. ROLLCALL
Council Members Jim Guthrie, Tim Brown, Kristen Barneich, Mayor Pro Tern Barbara Harmon,
and Mayor Jim Hill were present.
City Manager Dianne Thompson, City Attorney Heather Whitham, and Director of Legislative
and Information Services/City Clerk Kelly Wetmore were also present.
3. FLAG SALUTE
Mayor Hill led the flag salute.
4. PUBLIC COMMENT
Mayor Hill invited public comment. Speaking from the public were Patty Welsh, regarding
whether or not the City Attorney would be present in the closed session; and Beatrice Spencer,
commented that evaluations are a routine business matter, expressed concern with the amount
of time being spent on this matter, stated it was as simple as meeting the criteria in the
employment contract, commented that past Councils were reluctant to make tough decisions;
expressed concern about warning flags, and urged the Council to make decisions. No further
comments were received.
5. BUSINESS ITEM
City Attorney Whitham announced that the Council would adjourn to closed session to consider
the following item:
a. Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
Adjourned to closed session.
6. RECONVENE TO OPEN SESSION:
Mayor Hill reconvened the meeting to open session at 1O:10 a.m. City Manager Thompson
announced that the City Council has agreed upon a facilitator for the City Manager performance
evaluation process.
7. ADJOURNMENT
Mayor Hill adjourned the meeting at 1O:11 a. m.
Item 9.e. - Page 11
Minutes of City Council Special Meeting
March 11, 2016
Page2
Jim Hill, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____ _
Item 9.e. - Page 12