Agenda Packet 2010-05-05 SPCity Counci
l
Tony Ferrara, Mayor
Jim Guthrie, Mayor Pro Terri
Joe Costello, Council Member
Chuck Fellows,, Council Member
CALIFORNIA,
NOTICE OF SPECIAL MEETING
CITY COUNCIL
WEDNESDAY, MAY 5
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1, CALL TO ORDER: 7.00 P.M.
2. ROLL CAL L
I FLAG SALUTE: MAYO FERRA A
Steven Adams City Manager
Timothy J. Carmel City Attorney
Kelly W etmore City Clerk
PUBLIC COMMENT:
Members o the public wishing to address the City Council on any item described
in this Notice lmay do so when recognized by the Presiding Officer.
5. CONSIDERATION OF A PROCESS FOR FILLING CITY COUNCIL VACANC
Recommended Action: Consider options for the procedures to use to fill the
vacancy on the City Council created by the resignation of Council Member Arnold
and direct staff accordingly.
Agenda
6. ADJOURNMENT to the next Regular City Council Meeting at 7:00 p.m. on
Tuesday, May 11, 2010, in the City Council Chambers, 215 E. Branch Street.
CITY OF
AGENDA SUMMARY -- MAY 5 201
PAGE 2
All staff reports or other written documentation relating to each item of business on the
agenda are mailable for public inspection and reproduction at cost during regular
business hours in the City Clerk's office, 214 E. Branch Street, Arroyo Grande. if
requested, the agenda shall be made available in appropriate alternative formats to
persons with a disability, as required by the Americans with Disabilities Act. To male a
request for disability-related modification or accommodation, contact the Administrative
e
Services Department at 805-473-5414.
This agenda was prepared and posted pursuant to Govemment Code Section 54954.2.
Agenda reports can be accessed and downloaded from the City's website at
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MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
TIMOTHY J. CARMEL, CITY ATTORNEY
KELLY WETMORE, CITY CLERK
SUBJECT: CONSIDERATION OF A PROCESS FOR FILLING CITY COUNCIL
VACANCY
DATE: MAY 5, 2010
RECOMMENDATION:
It is recommended the City Council consider options for the procedures to use to fill the
vacancy on the City Council created by the resignation of Council Member Arnold and
direct staff accordingly.
FINANCIAL IMPACT:
There is no cost impact from filling the vacancy by appointment, other than nominal
costs associated with any advertising of the vacancy that the City Council determines
would be appropriate. Should the Council authorize an applicant forum for applicants,
the League of Women Voters has agreed to moderate for the cost of approximately two
hundred dollars ($200).
BACKGROUND:
At the April 27, 2010 meeting, Council Member Arnold announced his resignation from
the City Council. He has since submitted a letter of resignation as required by
Government Code Section 1750(e) that provides for his resignation effective as of May
5, 2010. At that same meeting, the Council indicated an intent to utilize the appointment
process to replace Council Member Arnold. This memorandum has been prepared to
provide information for the City Council so that it can establish a process for making an
appointment to fill the vacancy.
ANALYSIS OF ISSUES:
State law does not identify any specific procedure that must be followed in filling a
vacancy on a City Council. Therefore, the City Council has considerable discretion in
determining what procedure to utilize, with the only significant constraint being the thirty
(30) day statutory time frame within which to act, which means the Council must take
action prior to June 5, 2010.
CITY COUNCIL
CONSIDERATION OF PROCESS FOR FILLING CITY COUNCIL VACANCY
MAY 5, 2010
PAGE 2
There are a wide range of options available in selecting someone to fill the vacancy. On
one end of the spectrum, the appointment can be agendized and the Council can simply
take nominations and vote until a nominee obtains three (3) votes. At the other end of
the spectrum, notice of the vacancy can be published and posted, applications required,
workshops scheduled, interviews informally held by an ad hoc committee of two Council
Members or formally by the full Council at a duly noticed meeting, and ultimately
nominations made, and action taken to fill the vacancy.
At the outset, there is the question of how to publicize the vacancy. The City Council
could direct that notice of the vacancy be posted and perhaps advertised in a local
newspaper, and can also direct preparation of a news release indicating that applicants
for the vacancy are being sought. The next issue to consider is what to require as
submittals from interested persons. The City Council can choose to require interested
persons to fill out and submit one or more of the following: a formal application, letter of
interest, resume, other supporting documents and /or letters of recommendation. It can
list criteria that applicants need to address in their application or letter of interest, such
as history of community involvement, what they view as important issues facing the City
and how they would like to see them addressed or resolved, or similar matters and
concerns. A draft notice and application are attached for Council consideration.
Any combination of the foregoing can be required, with the goal of eliciting sufficient
information for the City Council to make an informed decision regarding the people who
apply. Also, since Government Code Section 36512 provides a 30 day time period in
which to act, consideration needs to be given to establishing a deadline for submittal of
applications or letters of interest, as well as the date at which the applicants will be
considered and an appointment made.
At the April 27 meeting, Mayor Pro Tem Guthrie suggested a public forum be included
as part of the Council Member replacement process. Staff contacted representatives
from the League of Women Voters, who indicated they would be willing to coordinate a
forum. Applicants for the position would answer questions submitted by the public on
cards at the meeting. Staff would formally notice the applicant forum as a special
meeting in order to avoid any Brown Act problems so that all Council Members could be
present to view the proceedings. The cost for the League of Women Voters to facilitate
the activity would be approximately $200. If Council would like this pursued, staff
suggests May 19 or 20 , which are both dates available for the League of Women
Voters.
Finally, there is the question of the actual selection process. The Brown Act does
contain an exception for ad hoc subcommittees consisting solely of less than a quorum
of Council Members. Therefore, such an ad hoc subcommittee could be formed to
review applications and make recommendations to the City Council. Also, the City
Council should consider whether it would like to give applicants for the vacancy an
CITY COUNCIL
CONSIDERATION OF PROCESS FOR FILLING CITY COUNCIL VACANCY
MAY 5, 2010
PAGE 3
opportunity to make a short presentation, or respond to questions as part of a public
interview process.
It is important to note that in considering candidates for appointment to the vacant
office, the City Council may not meet in closed session. While under the Brown Act the
City Council may meet in closed session to consider the appointment of a public
employee, an elected official is expressly excluded from the definition of an "employee"
(Government Code Section 54957). In addition, the voting process must be open,
since the Brown Act prohibits the use of secret ballots (Government Code Section
54953(c)). Based on the above, the Council should consider making an appointment at
the May 25, 2010 Regular City Council meeting, or at a subsequent Special City Council
meeting, if necessary.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Consider the various options for soliciting applicants, including how to publicize the
vacancy, as set forth above.
2. Consider the options in requiring applicants for the vacancy to submit a formal
application, letter of interest and /or documents in support of their candidacy for the
vacancy, as set forth above; and if applications are desired, direct staff to forward an
application to those persons who have already submitted a letter of interest.
3. Consider scheduling a date for a public forum.
4. Consider whether an ad hoc subcommittee should be formed to review applicants,
and also whether applicants should be subject to a public interview or allowed to
make a statement in support of their application.
5. Establish a time -table for publicizing the vacancy, accepting applications and making
the appointment.
6. Provide other appropriate direction to staff.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall and on the City's website on Tuesday, May
4, 2010, in accordance with State law for special meetings.
Attachments:
1. Draft Notice of Vacancy
2. Draft Application for City Council Member Vacancy Appointment
3. Suggested Timeline
• CITY of ATTACHMENT 1
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Mr nitic'F j
CITY OF ARROYO GRANDE
NOTICE OF INTENTION TO FILL A VACANCY
FOR MEMBER OF THE CITY COUNCIL BY APPOINTMENT
Notice is hereby given that the City of Arroyo Grande is accepting applications for
appointment as City Council Member to fill the vacancy created by the resignation of Ed
Arnold, effective May 5, 2010.
The term of this office will begin on the date of appointment and end in December, 2012.
Candidates must be at least 18 years of age, reside within the corporate limits of the City of
Arroyo Grande, and be registered to vote in the City of Arroyo Grande.
A. To be considered for appointment to the office of City Council Member,
applicants must attend the meeting on , May _, 2010, beginning
at 7:00 p.m., and be prepared to be interviewed by the Council. Council
intends to make a selection on , May _ , 2010, or within a few
days thereafter.
-OR-
B. At a (regutar)(special)(adjourned) meeting of the City Council on ,
2010, each approved applicant will be asked to a make a three minute
presentation to the City Council. The applicant may then be asked to
respond to questions the City Council may have regarding their
presentation or application. The order in,whith the applicants will make
their presentation will be determined by random draw of all the applicant's
names. This random draw will take place (at the meeting on
2010). The City may make a decision at the special meeting or may direct
staff to place the matter on a future agenda for action.
Application Period: 8:00 a.m. on , May _, 2010, through
5:00 p.m. on , May _, 2010
Applications are available from: Office of the City Clerk
City of Arroyo Grande
214 E. Branch Street
Arroyo Grande, CA 93420; and
City's website: www.arroyogrande.org
Original, signed applications must be hand delivered to the Office of the City Clerk, 214 E.
Branch Street, Arroyo Grande (no postmarks or faxes accepted).
Application Deadline: 5:00 p.m. on , May _, 2010 (no extensions)
For more information, contact the City Clerk's Office at 805 - 473 -5400.
CITY OF
ATTACHMENT 2
a�......�.✓ CITY OF ARROYO GRANDE
,FO.7., + APPLICATION TO FILL COUNCIL VACANCY
Applicant must be a resident of the City of Arroyo Grande
Application Deadline: , May , 2010 — 5:00 p.m.
Return to City Clerk's Office, 214 E. Branch Street, Arroyo Grande, CA 93420
NAME: ARE YOU 18 YEARS OF AGE OR OLDER? Yes No
ARE YOU REGISTERED TO VOTE? Yes No
Last First MI
ADDRESS: DO YOU fIESIDGIViTHIN THE CITY LIMITS OF THE CITY
OF ARROYO GRANDE? Yes No
Number Street City Zip
TELEPHONE: ARE YOU PLANNING TO RUN -IN THE NOVEMBER 2010
ELECTION (please circle one)
Hm ( ) Wk ( )
YES NO UNDECIDED
Are you now serving on a City Commission/Committee?
If so, which?
Have you previously served on a City Board, Commission, or Committee?
If yes, which body and dates of service?
EDUCATION (include professional or vocational licenses or Certificates)
CURRENT EMPLOYER:
EMPLOYER ADDRESS: PHONE:
POSITION OR TITLE:
Explain your reason(s) for wanting to serve:
Page 1 of 2
QUALIFICATIONS OR EXPERIENCE: (Applicable to the purpose and subject matter of this appointment)
COMMUNITY INVOLVEMENT (List organization memberships and .committee assignments)
REFERENCES: List three persons, not relatives, who haze knowledge of your character, experience, community
involvement, and abilities (optional). PLEASE OBTAIN PERMISSION ROM INDIVIDUALS BEFORE LISTING THEM
AS A REFERENCE.
Name Address Phone Occupation
I hereby declare that the foregoing information is true and complete to the best of my knowledge and belief.
Applicant Signature - Date
Notice to Applicants:
1) Applicants appointed by the City Council are required to take an Oath of Office.
2) State law and the City's Conflict of Interest Code requires that Council Members file Statements of Economic
Interests (Form 700) upon assuming office, annually, and upon leaving office (e.g., sources of income, loans, gifts,
investments, interests in real property within the City).
3) This application is a matter of public record and portions thereof are subject to disclosure pursuant to the California
Public Records Act.
FOR USE BY CITY CLERK'S OFFICE: (Date Stamp)
Received by:
Page 2 of 2
Suggested Timeline for Filling City Council Vacancy
Sun Mon Tue Wed Thu Fri Sat
1
2 3 4 5 6 Post Notice ofVa- 7 8
7pm Special CC Mtg; cancy at City Hall, on
Appointment Process website, and issue Press
Release; Application
Period opens at Sam
9 10 11 12 13 14 15
16 17 18 19 20 21 22
5pm Deadline for Applicant Forum:
applications to fill Time and Location
Council vacancy TBA
23 24 25 26 27 28 29
7pm Regular CC Mtg
to make appointment
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JULY 10. 1911 if
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MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
SUBJECT: MAY 5, 2010 SPECIAL MEETING SUPPLEMENTAL INFORMATION
DATE: MAY 5, 2010
Attached are letters of interest for the City Council appointment that have been
received thus far. Staff has also checked on available locations in case the Council
selects to conduct a public forum with the applicants. The Woman's Club and City of
Arroyo Grande Community Center is available the evening of Thursday, May 20
The City Council Chambers could be used on Wednesday, May 19` or Thursday, May
20 The Regional Center is not available during those days. The advantage of the
Woman's Club Community Center is that it can hold a larger audience and be set up
in a more efficient manner. The advantage of the Council Chambers is that it would
enable the forum to be televised live.
attachments
Mayor Tony Ferrara April 26,2010
Arroyo Grande City Council
Gentlemen:
In the event that Councilman Ed Arnold resigns or is recalled, and the City Council decides to
appoint a replacement to serve out the remainder of his term, I would appreciate being
considered.
Attached is my resume. Although my background is in law enforcement I want to assure you
that I will not attempt to run the police department if appointed. I have no agenda and will
represent the desires of the people.
Respectfully,
William B..Honeycu
384 Platino Lane, Arro Grande, CA.
473 -1673
Attachment:
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RESUME
William B. Honeycutt
DOB: May 5, 1940
POB: San Diego, California
Address: 384 Platino Lane, Arroyo Grande (7 years)
Previous Address: 722 Fairmont Avenue, Santa Maria (35 years)
Martial Status: Married to Linda J. Honeycutt, November 15, 1959
Children: William A. Honeycutt of Arroyo Grande and Deborah A. Koenig of
Arroyo Grande, six grand children and one great grand child.
Occupation: Sheriff's Commander (retired), County of Santa Barbara Sheriff's
Department.
Education: Associate of Science Degree in Administration of Justice, Allan Hancock
College.
Certifications: Limited Teaching Credential, California Community Colleges. Basic,
Intermediate, and Advanced Certification from Commission on Peace
Officers Standards & Training, State of California.
Job Experience: Commander of the Sheriff's Substation in Santa Maria for eight years.
Commander of the Main Jail in Santa Barbara for five years. Responsible
for approximately 200 sworn and civilian employees and an annual
budget of sixteen million dollars.
Past Affiliations: Vice President, California Association of Labor Relations Officers
(CALRO)
Board of Directors, Crisis Pregnancy Center, Santa Maria
Board of Deacons, First Baptist Church of Santa Maria
Board of Deacons, Grace Bible Church, Arroyo Grande
Personal References: Jim Thomas, retired Sheriff, Santa Barbara County
Rogelio Flores, Judge of the Superior Court, Santa Maria
Zel Canter, retired Judge of the Superior Court, Santa Maria
Commander David Hersman, Santa Barbara County Sheriff's
Department (retired)
Chief Deborah Linden, San Luis Obispo Police Department
Sergeant Kevin McBride, Arroyo Grande Police Department
May 3, 2010
City Council Members
215 East Branch Street
Arroyo Grande, CA. 93420
Dear Honorable Mayor Tony Ferrara, Mayor Pro Tem Jim Guthrie,
Council Members Joe Costello and Chuck Fellows,
I'm writing to request your consideration for my appointment
to the Arroyo Grande City Council.
I have been involved with city issues starting with the General Plan
Update in 2001. I believe I represent a large cross section of citizens who live
within the City of Arroyo Grande. My experience with the Planning Commission
and the public hearing process makes me ideally suited for serving the citizens of
Arroyo Grande. I have learned to balance the often competing interest of various
stakeholders involved in the process, while making sound decisions. I have a
strong work ethic and have a record of doing my "homework" on important issues
facing the city.
For these reasons, I respectfully request your consideration during the
appointment process.
Best Regards,
Tim Brown
RECEIVED
C, ��A MAY 03 2010
cz-Drot .
' C _ _ CITY OF ARROYO GRANDE
� COMMUNITY DEVELOPMENT
CEIV 13
DATE: 04/30/2010 ; . , J'tn.
IO HAY -3 P.•; 3:52
TO: The City of Arroyo Grande Council Members
Mayor Tony Ferrara
Mayor Pro Tem Jim Guthrie
Council Member Joe Costello
Council Member Chuck Fellows
FROM: Duke and Lori Sterling
122 Allen Street
Arroyo Grande, CA 93420
(805) 550-2404
RE: LETTER RECOMMENDNG TIM BROWN
FOR OPEN CITY COUNCIL POSITION
Lori and I enthusiastically recommend Tim Brown for your vacant City Council
position.
Mr. Brown is an asset to our community. Just 1 week after we relocated to the
City of Arroyo Grande, Mr. Brown recognized our heart for the village area and
made us aware of the Stilwell house. Since that time, he has been active in the
planning, moving, and even the renovations of our new home. Mr. Brown
understands the vision and policies of the City of Arroyo Grande and has been
very helpful with our new development. He has been instrumental
throughout the entire process of making the vintage Stilwell house our home.
We feel very fortunate to know Mr. Brown as our neighbor and friend. We
strongly believe that the city of Arroyo Grande would be just as fortunate to have
Mr. Brown representing this great city.
If you should have any questions regarding this letter of recommendation, we
invite you to contact us directly anytime.
armest regards,
&ai-
Dul 7 erling Lori Sterling
KeIIy Wetmore
From: dondirkse @sbcglobal.net
Sent: Tuesday, May 04, 2010 3:33 PM
To: KeIIy Wetmore
Subject: Website Message
Council: Please consider Planning Commissioner Tim Brown for the Council vacancy.
-Don Dirkse & Anna Unkovich
637 Asilo
No virus found in this incoming message.
Checked by AVG - www.avg.com
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1
Dear Mayor Ferrara, May 4, 2010
We would like you to consider Tim Brown to be appointed to the open council seat. We have known
Tim & Sandy for over ten years. He has been a good friend as well as was a major part of me getting all
of my benefits that I had corning from a major fall I had back in 1998, on a construction site. His honesty
& integrity has been evident while he has been on the planning commission. We think Tim would be an
asset to the city council & for the citizens of Arroyo Grande. I have lived in Arroyo Grande all my life &
my wife & I have been involved with a lot of community services over the years. We have been involved
with many city entities over the years. This is why we feel Tim would represent our city & be there for
the good of our citizens. Please consider this request.
Sincerely, L 7 / 'r
ca_caki ` Lk'4
Rick & Vicki Phillips
Qr
505E Cherry Ave
Arroyo Grande, Ca 93420
i ECEIVEJ
From: Shannon Kessler
174 Tally Ho Road Arroyo Grande, Ca 93420 I 0 HAY -3 Fi i 3: 45 May 3, 2010
Skessler99 @sbcglobal.net
www.shannonkessler.org
Face book /Central Coast, Shannon Kessler
To: Arroyo Grande City Council
Dear Sirs,
I have had an interest in public service and the political process ever since my youth. My parents
were always actively involved in our small town's activities. And though at first I was merely along for
the ride, I discovered the joy of connecting with others and participating in what really makes a town
your hometown. The best part of Arroyo Grande is not the location or weather, although both are ideal,
it is the people. The citizens of this community have a unique combination of drive and friendliness
which combined makes it my chosen hometown and the place in which my husband and I are honored
to raise our children. These are the reasons I choose to serve on the Parks and Recreation Commission
and why I would like to be considered for City Council. Please see below for a list of my experience and
qualifications for this position.
Personal Information
Happily married 22 years to James Kessler of Kessler Construction, Arroyo Grande
Mother to Nolan age 11 and Evangeline age 8, both attend Ocean View Elementary and participate in
local sports
Long time congregant and member of the worship team at Harvest in the Village church, and volunteer
with this church in local events; Strawberry Festival, Harvest Festival
Member of a family with roots dating to the 1800's on the Central Coast
My parents reside in Arroyo Grande
Owner of three Arroyo Grande properties
Member of a local AG parks and Rec. league team
Frequent user of area parks and trails
Passionately interested in area and national politics
Published author; works include a travel article on Arroyo Grande with mention of its amenities and
history
Attended both Cuesta College and Alan Hancock College, majoring in Political Science
e.
atrerusta4i..
Volunteer Service Experience
Currently serving as a Parks and Recreation Commissioner, nominated by Mr. Joe Costello
President of the Pismo Coast Association of Realtors Charitable Foundation for 2009 and a member of
that organizations board for 3 years
2009 Chair of the PCAOR Charitable Foundation annual Golf Tournament Fundraiser which garnered
over $10,000 for local charities
Classroom volunteer at my children's school
President elect, OV PTA 2010/2011
Chair of the Publicity committee for Ocean View PTA and volunteer for OV Fall Festival
Founded a local chapter of the student, teacher support group Moms in Touch International and Area
Coordinator (SLO County) for this Multi National Organization
Work Experience: Real Estate Sales Associate Lic. 01405952
South County Realty j Prudential California 102 Bridge St. Arroyo Grande
2005— Present
In this position I assist clients in the location and purchase of real property. Both new, resale and
commercial. My familiarity with market conditions, land, houses and financial systems is beneficial to
my customers.
Prudential California Realty 1 130 W. Branch St. Ar royo Grande
2003 - 2005
As a new agent with Prudential I was fortunate to have all- embracing training and support as I entered
the booming real estate market of the time. Recognized nationally as a top earning agent in my fist year.
Arroyo Grande Community Hospital 1 345 S. Halcyon 489 -2621
1996 -- 1998 Laboratory Aide
References
Pastor Steve Henry, Harvest in the Village Church, Arroyo Grande 805.489.2037
Byron Grant, South County Realty, 102 Bridge St. Arroyo Grande, CA 805.481.4297
Dick Rowley, 187 Tally Ho Rd. Arroyo Grande, CA 805.489.1502