CC 2016-09-27_09c Approval of MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 13, 2016
SOUTH COUNTY REGIONAL CENTER, 800 W. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the Regular City Council Meeting to order at 6:01 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: Interim City Manager Bob McFall, City Attorney Heather Whitham,
Director of Legislative and Information Services/City Clerk Kelly Wetmore,
Community Development Director Teresa McClish, Planning Manager
Matt Downing, Director of Administrative Services Debbie Malicoat, Public
Works Director Geoff English, and Police Commander Beau Pryor.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Anne McCracken, representing Arroyo Grande Valley Kiwanis Club, 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 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. Special Presentation by SLOCOG - Pledge to Make a Smart Commute Choice
During Rideshare Week, October 3 – 7, 2016.
Peter Williamson, Employer Outreach Coordinator, gave a presentation about Rideshare Week
and encouraged commuters to make smart commute choices by biking, walking, carpooling,
vanpooling, or taking a bus to work, and encouraged parents to walk their children to school on
October 5th.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were David Kahn, President of the
5 Cities Diversity Coalition, commented on an approved public art project to be placed outside
the entrance to Arroyo Grande High School, that fundraising efforts are still ongoing, and
requested the City Council consider contributing financially toward the project; Gabrielle
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Santiago, student designer of the public art sculpture, spoke of her experience working with the
5 Cities Diversity Coalition and the meaning of the sculpture; Joe Whitaker, member of the 5
Cities Diversity Coalition, provided an overview of the Diversity Coalition’s mission; Linda Osty,
offered an invocation; Patty Welsh, Arroyo Grande, referred to City Council’s previous action to
raise water rates by 11% with 1% going to the Cash for Grass Program and requested that the
1% be removed because the Cash for Grass Program is no longer in use and suggested that
the City set up a page on the City website where citizens can submit comments on the water
issues; Frank Schiro, Arroyo Grande resident and Village business owner, spoke about the
water issues and the discussion about a moratorium and stated that a moratorium for residential
development is not effective and encouraged other options for commercial uses including
energy saving appliances, waterless urinals, reinstatement of water conservation incentive
programs, and stated water neutral or water negative development should be considered to
reduce water use; Joe Furino, Arroyo Grande, referred to the small plastic bucket distributed by
South County Sanitary Service for food composting and expressed concerns with the quality of
container; and Shirley Gibson, referred to the Halcyon Road project and announced a
community information meeting to be held at Margaret Harloe School on Wednesday,
September 14th and Thursday, September 15th from 5:30 – 8:00 p.m., and also provided local
history on an article about a woman who rode her horse down the street in the Village.
8. ACTING CITY MANAGER REPORT:
Interim City Manager McFall stated he is happy to be back and appreciated the warm welcome
from everyone, thanked staff for their support, and said he is looking forward to accomplishing
goals established by the Council.
9. CONSENT AGENDA
Mayor Hill invited public comment on the consent agenda. No public comments were received.
Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 9.a. through 9.f., with the recommended courses of action. The
motion passed on the following roll-call vote:
AYES: Brown, Guthrie, Barneich, Harmon, Hill
NOES: None
ABSENT: None
9.a. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council/Successor
Agency Meetings of August 23, 2016, as submitted.
9.b. Conflict of Interest Code Biennial Review and Resolution Amending the City of
Arroyo Grande Conflict of Interest Code.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE APPROVING AN AMENDED CONFLICT OF
INTEREST CODE FOR DESIGNATED POSITIONS”.
9.c. Consideration of Approval of Lease Agreement for Public Parking Area.
Action: Approved and authorized the Mayor to execute a Lease Agreement between the
City and Blair B. Mankins and Mark H. Mankins, as Co-Trustees of the Mankins Family
Revocable Trust – Survivor’s Trust for the lease of certain parking areas on the north
side of East Branch Street for public off-street parking.
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9.d. Consideration of Award of Contract to R. Burke Corporation for the 2016 Street
Repairs Project, PW 2016-03.
Action: 1) Awarded a contract for the 2016 Street Repairs Project to R. Burke
Corporation in the amount of $673,798.00; 2) Authorized the Interim City Manager to
approve change orders for 10% of the contract amount, $67,379.80, for unanticipated
costs during the construction phase of the project; and 3) Directed the City Clerk to file a
Notice of Exemption.
9.e. Consideration of Award of Contract to American Asphalt South, Inc. for the 2016
Street Resurfacing Project, PW 2016-08.
Action: 1) Awarded a contract for the 2016 Street Resurfacing Project to American
Asphalt South, Inc. in the amount of $75,374.03; 2) Authorized the Interim City Manager
to approve change orders for 10% of the contract amount, $7,537.40 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 Consultant Services Agreements with GSI Water Solutions, Inc.
and Water Systems Consulting, Inc. to Conduct Water Sampling, Preparation of
the Northern Cities Management Area 2016 Annual Monitoring Report, and
Associated Technical Support Services for the Northern Cities Management Area
Work Program.
Action: 1) Approved and authorized the Mayor to execute an Agreement for Consultant
Services with GSI Water Solutions, Inc.; 2) Approved and authorized the Mayor to
execute an Agreement for Consultant Services with Water Systems Consulting, Inc.; and
3) Approved and authorized an appropriation of $10,000.00 from the Water Fund
Balance.
10. PUBLIC HEARINGS
10.a. Consideration of User Fee Study and Resolution Updating Operating Fees Set
Forth in the Master Fee Schedule and Adding New Fees Related to Pickleball
Programs, Animal Impound Services, and Licensing of Medical Marijuana Delivery
Services
Interim City Manager McFall provided introductory comments. Chad Wohlford, Wohlford
Consulting, Inc., gave a presentation on the User Fee Study and responded to questions from
Council. Administrative Services Director Malicoat presented the staff report and recommended
the Council receive and file the Full Cost Analysis of User Fee Services Study for Arroyo
Grande and adopt a Resolution updating operating fees as set forth in the Master Fee
Schedule. Staff responded to additional questions from Council.
Mayor Hill opened the public hearing. Speaking from the public were Patty Welsh, Arroyo
Grande, who suggested the City do a Fee Study every 5 years, and asked if medical marijuana
fees can be paid prior to December 1st; LeAnn Akins, expressed concerns with subsidies being
high and recovery being low, asked why the Five Cities Fire Authority is not included in the fee
study, commented on the Minor Use Permit fee and asked what the basis is for lowering fees
for certain constituents, and commented on the Planning fees and asked if a set cost recovery
percentage should be set tonight; Cynthia Gonzalez, representing Compassion Care, requested
clarification about fees for medical marijuana delivery services. Hearing no further comments,
Mayor Hill closed the public hearing.
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Action: Mayor Hill moved to institute full cost recovery in the building and engineering fees as
recommended by staff; to institute staff recommendation for planning fees subject to a four year
move from 55% to 75% cost recovery; that each of the fees be adjusted for inflation during the
annual budget consideration as a budget line item to be addressed by Council; and that the
planning fees be unbundled and separately accounted as much as possible. Council Member
Guthrie seconded the motion, but expressed concern about the last portion of the motion
regarding the unbundling of the Planning fees. Following brief discussion, Mayor Hill withdrew
that part of his motion.
City Attorney Whitham clarified for the record that Section 2 of the Resolution would be modified
to reflect an annual adjustment of the fees based on the change in labor costs and to add a new
Section 3 to implement phased increases of 5% each year, for four years, until 75% cost
recovery is reached for the Planning fees.The motion passed on the following roll call vote:
AYES: Hill, Guthrie, Brown, Barneich, Harmon
NOES: None
ABSENT: None
Mayor Hill called for a break at 9:25 p.m. The Council reconvened at 9:35 p.m.
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Consideration of Appointment of Voting Delegates for the League of California
Cities Annual Conference and Direction Regarding the Annual Conference
Resolution.
Interim City Manager McFall presented the staff report and recommended that the Council
appoint Mayor Jim Hill as the voting delegate for the League of California Cities Annual
Conference and Interim City Manager Robert McFall as the alternate and provide direction
regarding a City position on the League of California Cities Resolution.
Mayor Hill invited public comment. No public comments were received.
Action: Council Member Guthrie moved to appoint Mayor Jim Hill as the voting delegate for the
League of California Cities Annual Conference and Interim City Manager Robert McFall as the
alternate. Council Member Brown seconded, and the motion passed on the following roll call
vote:
AYES: Guthrie, Brown, Barneich, Harmon, Hill
NOES: None
ABSENT: None
No action was taken regarding a City position on the League of California Cities Resolution.
Instead, the Council indicated the Mayor could use his discretion.
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13. COUNCIL COMMUNICATIONS
Mayor Hill stated he was delighted to see the new Pickleball Courts have opened.
Mayor Hill requested that staff bring back recommendations for commercial water savings
requirements.
Council Member Guthrie requested staff bring back on a future agenda review of potential
trigger points for a water moratorium, such as 5,000 or 10,000 acre feet at Lake Lopez and salt
water intrusion at set markers or significant changes in well depth, and include estimates as to
how much water is available and for how long, plus whatever additional water measures might
be available to extend the water supply as the drought continues, and include information on
what a Stage 2 drought situation looks like. Mayor Pro Tem Harmon supported Council Member
Guthrie’s request.
14. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Hill invited public comment. No public comments were received.
15. CLOSED SESSION
At 9:42 p.m., City Attorney Heather Whitham announced the City Council would adjourn to
closed session to consider the following items:
Mayor Hill recused himself from the conference with legal counsel – anticipated litigation for one
of the potential cases due to an employment conflict of interest.
a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section
54956.9: Two (2) potential cases
b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957:
Title: Interim City Manager
Adjourned to Closed Session.
16. RECONVENE TO OPEN SESSION
Mayor Hill reconvened the meeting to open session at 10:39 p.m. City Attorney Whitham made
the following announcements:
15.a) The City Council authorized the Mayor to execute a settlement agreement with
Charter Communication regarding the collection of Public, Education, and
Government (also known as PEG) fees.
The City Council (by a vote of 4-0 with Mayor Hill recusing himself due to an
employment conflict of interest) voted to jointly participate with the City of San
Luis Obispo and other participating cities in proceedings before the California
Public Utilities Commission regarding a joint proposal filed by PG&E and other
parties to close both units of the Diablo Canyon Nuclear Power Plant.
15.b) No reportable action.
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17. ADJOURNMENT
Mayor Hill adjourned the meeting at 10:42 p.m.
______________________________________
Jim Hill, Mayor
ATTEST:
______________________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg _____________)
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