CC 2017-03-14_09c Approval of Minutes ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, FEBRUARY 28, 2017
COUNCIL CHAMBERS, 215 E. 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 Caren Ray, Barbara Harmon, Kristen Barneich, Mayor
Pro Tem Tim Brown 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,
Administrative Services Director Debbie Malicoat, Community
Development Director Teresa McClish, Recreation Services Director John
Rogers, Public Works Director Geoff English, Acting Police Chief Beau
Pryor, and Planning Manager Matt Downing.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Gregory Baker, representing the Rotary Club of Pismo Beach/5 Cities, led the Flag Salute.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Regular City Council/Successor Agency Meeting of February 14, 2017
Successor Agency:
a) Conference With Real Property Negotiator pursuant to Government Code Section
54956.8:
Property: APN: 006-151-027; Located at Faeh Avenue and El Camino Real
Agency Negotiators: Debbie Malicoat, Finance Officer; Marty Indvik, Lee &
Associates
Negotiating Parties: ELA Foods, Inc.
Under Negotiation: Price and terms of payment for sale of property
City Attorney Whitham announced that the Successor Agency unanimously agreed to modify
the time for satisfying governmental approvals to 120 days from the date the entitlement
application is deemed complete.
Special City Council Meeting of February 17, 2017
a) Public Employment pursuant to Government Code Section 54957:
Title: City Manager
City Attorney Whitham announced that no reportable action was taken.
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5.b. Ordinances Read in Title Only.
Mayor Pro Tem Brown moved, Council Member Ray 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. Introduction and Oath of Office - Police Officers Matthew Bockhahn and
Derrick Porter.
Acting Chief of Police Pryor introduced new full-time Police Officers Matthew Bockhahn and
Derrick Porter, highlighted their educational and professional background, and invited their
spouses to pin their badges. City Clerk Wetmore then administered the Oaths of Office to
Officers Bockhahn and Porter.
6.b. Mayor’s Commendation Recognizing Mel and Jan Cottrell for their Donation
for the Purchase of a New Audio/Visual System at the Arroyo Grande Woman’s
Club and Community Center.
Mayor Hill presented a Mayor’s Commendation to Mel and Jan Cottrell in appreciation of their
generous donation for the purchase of a new audio/visual system at the Arroyo Grande
Woman’s Club and Community Center, which will benefit all for many years to come.
6.c. Recognition of Outgoing City Commission, Committee, and Board Members.
Mayor Hill recognized the following outgoing Commissioners, Committee and Board Members
and presented them with City plaques acknowledging their service to the community: Parks and
Recreation Commissioner Greg King (2009-2017), Traffic Commissioners Steven Ross (2005-
2017), Jim Carson (2005-2017), and Planning Commissioner John Keen (1989-2017). He also
recognized the following members who were not present: Parks and Recreation Commissioner
Linda Sandy (2014-2017), Architectural Review Committee Member Michael Peachey (2005-
2017), and Historical Resources Committee Members Norma Harloe (2007-2017) and Chuck
Fellows (2015-2017).
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public were Linda Osty, offered an
invocation; Patty Welsh, commended City for work done during the storm; Ann Wyatt, Program
Coordinator, HomeShare SLO, introduced a new program in the County to match home
providers with home seekers, and requested funding to help establish the program; Coleen
Kubel, spoke in support of Mayor Hill and expressed concern with the need for an investigation;
and Sharlotte Wilson, agreed with the previous speaker and spoke in support of Mayor Hill.
8. INTERIM CITY MANAGER REPORT:
Interim City Manager McFall expressed appreciation to City staff for their efforts during the
recent storm and introduced Public Works Director English who presented a status report
including photos taken of fallen trees and power lines throughout the City and highlighted
response and cleanup efforts that occurred during and after the storm.
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9. CONSENT AGENDA
Council Member Harmon requested that Item 9.g. be pulled.
Mayor Hill invited public comment on the remaining consent agenda items. No public comments
were received.
In response to a question from Mayor Pro Tem Brown regarding the status of groundwater
levels, Interim City Manager McFall responded that groundwater levels are definitely up but we
haven’t yet received the results of the physical measurements that must be taken.
Action: Council Member Barneich moved, and Council Member Harmon seconded the motion
to approve Consent Agenda Items 9.a. through 9.i., with the exception of Item 9.g., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Barneich, Harmon, Ray, Brown, Hill
NOES: None
ABSENT: None
9.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period February 1, 2017
through February 15, 2017.
9.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing investment deposits of the City of Arroyo
Grande, as of October 31, 2016, November 30, 2016, December 31, 2016 and January
31, 2017, as required by Government Code Section 53646(b).
9.c. Consideration of Acceptance of the Comprehensive Annual Financial Report.
Action: Received and filed the Comprehensive Annual Financial Report (CAFR) for the
fiscal year ending June 30, 2016.
9.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of January 24, 2017,
the Special City Council and Regular City Council/Successor Agency Meetings of
February 14, 2017, and the Special City Council Meeting of February 17, 2017, as
submitted.
9.e. Monthly Water Supply and Demand Update.
Action: Received and reviewed the monthly Water Supply and Demand Report.
9.f. Consideration of an Agreement Amending and Restating the South County Area
Transit Joint Powers Agreement.
Action: Approved and authorized the Mayor to execute an Agreement amending and
restating the Joint Powers Agreement with the City of Grover Beach, the City of Pismo
Beach and the County of San Luis Obispo forming the South County Transit agency.
9.h. Consideration of a One Year Time Extension for Vesting Tentative Tract Map 01-
001 and Planned Unit Development 01-001 (Time Extension 16-002) One Year Time
Extension in Accordance with the Subdivision Map Act and Arroyo Grande
Municipal Code: Location – La Canada/Blossom Valley Road (Tract 1998);
Applicant – Castlerock Development.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE APPROVING A ONE-YEAR TIME EXTENSION FOR
VESTING TENTATIVE TRACT MAP NO. 01-001 AND PLANNED UNIT DEVELOPMENT
01-001 (TIME EXTENSION 16-002); APPLIED FOR BY CASTLEROCK DEVELOPMENT
CO.; LOCATED AT JAMES WAY AND LA CANADA”.
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9.i. Consideration of Revised Memorandum of Agreement with the County of San Luis
Obispo to Jointly Finance and Construct a Replacement Animal Services Shelter
to Include a Non-Appropriation Provision.
Action: Approved and authorized the Mayor to execute a Memorandum of Agreement
(“MOA”) in substantial conformance with the County of San Luis Obispo and the cities of
Atascadero, Grover Beach, Morro Bay, Pismo Beach, Paso Robles and San Luis Obispo
to jointly finance and construct the replacement of an animal services shelter.
ITEMS PULLED FROM THE CONSENT AGENDA
9.g. Consideration of Temporary Use Permit No. 16-026; Authorization to Use City
Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival
and Stampede on May 27 and 28, 2017; 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 27 and 28, 2017.
In response to questions from Council Member Harmon, staff explained that the earlier closure
proposed for Olohan Alley was to allow time for the merchants to arrive and set up for the
Festival before 5:00 p.m. and that the majority of impacted businesses along Olohan Alley (18
of 20) supported the earlier closure. Staff also noted that extra signage would be posted for
parking that is available at the Le Point Street parking lot.
Action: Council Member Harmon moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT NO. 16-026; AUTHORIZING THE USE OF CITY PROPERTY AND CLOSURE OF
CITY STREETS FOR THE ANNUAL ARROYO GRANDE STRAWBERRY FESTIVAL AND
STAMPEDE ON MAY 27 AND 28, 2017; APPLIED FOR BY THE ARROYO GRANDE
VILLAGE IMPROVEMENT ASSOCIATION”. Mayor Hill seconded, and the motion passed on
the following roll-call vote:
AYES: Harmon, Hill, Ray, Barneich, Brown
NOES: None
ABSENT: None
10. PUBLIC HEARINGS
None.
11. OLD BUSINESS
None.
12. NEW BUSINESS
12.a. Consideration of an Ordinance Adding New Rules for the Elm Street Off Leash
Dog Park.
Recreation Services Director Rogers introduced the staff report and recommended that the
Council introduce an Ordinance amending Section 12.20.080(B) of the Arroyo Grande
Municipal Code relating to dog park rules and prohibited activities for the Elm Street Off
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Leash Dog Park as proposed by the Elm Street Dog Park Association. Staff responded to
questions from Council.
Jan Scott, representing the Elm Street Dog Park Association, responded to questions
regarding the proposed new rules.
Mayor Hill opened the public hearing. Speaking from the public were Patty Welsh, expressed
concern regarding negative health impacts to dogs if they are neutered before a certain age,
and commented that there is already an existing dog park rule that aggressive dogs are not
allowed in the dog park; Jan Scott, spoke about the scent of unneutered dogs and how that
impacts the behavior of other dogs; Speaker (did not state name), spoke in support of the
proposed new rules; and Marilyn Spiegelman, President of the Elm Street Dog Park
Association, spoke in support of the proposed new rules and stated that there is no reason a
male dog should not be neutered unless it is a show dog or a breeder’s dog and that research
shows neutered males are not as aggressive.
Action: Mayor Hill moved to introduce the Ordinance as proposed, and Mayor Pro Tem Brown
seconded. City Attorney Whitham read the full title of the Ordinance as follows: “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING
SECTION 12.20.080(B) OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO DOG
PARK RULES AND PROHIBITED ACTIVITIES”. The motion passed on the following roll-call
vote:
AYES: Hill, Brown, Ray, Harmon, Barneich
NOES: None
ABSENT: None
Mayor Hill called for a break at 7:45 p.m. The Council reconvened at 7:55 p.m.
12.b. Consideration of Fiscal Year 2016-17 Mid-Year Budget Report.
Administrative Services Director Malicoat introduced the staff report and recommended that
the Council: 1) Approve detailed budget adjustments and requests for additional
appropriations listed in the Mid-Year Budget Report; 2) Approve Schedule A; and further, to
appropriate an additional $10,000 for the Fire Diesel Exhaust Removal Project. Staff
responded to questions from Council.
Mayor Hill opened the public hearing. Speaking from the public were: Mike Byrd, 5 Cities
Homeless Coalition, provided an overview of statistics as it relates to the increase in number of
people served at the Homeless Warming Shelter this winter, noted that the County has
allocated additional funds for the Warming Shelter, and requested the City approve $5,000 in
funding to assist in covering their operating costs through the end of March; and Patty Welsh,
asked questions regarding the payout of benefits, overtime costs, costs related to public records
act requests, and commented on the deterioration of the Elm Street recreation building.
Action: Council Member Harmon moved to: 1) Approve detailed budget adjustments and
requests for additional appropriations listed in the Mid-Year Budget Report; 2) Approve
Schedule A, with the following additional appropriations of $10,000 Diesel Exhaust Removal
Project, $25,000 for winter storm damage cleanup, and an additional $2,500 for the
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warming shelter. Council Member Ray seconded, and the motion passed on the following roll-
call vote:
AYES: Harmon, Ray, Barneich, Brown, Hill
NOES: None
ABSENT: None
13. CITY 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) Other: League of California Cities
(b) MAYOR PRO TEM BROWN:
(1) San Luis Obispo Council of Governments/Regional Transit Authority
(SLOCOG/RTA)
(2) Integrated Waste Management Authority Board (IWMA)
(3) South County Transit (SCT)
(4) Brisco/Halcyon Interchange Subcommittee
(5) Other: Zone 3 Water Advisory Board (Alternate)
(c) COUNCIL MEMBER BARNEICH:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Oversight Council (HSOC)
(3) Other
(d) COUNCIL MEMBER HARMON:
(1) County Water Resources Advisory Committee (WRAC)
(2) Air Pollution Control District (APCD)
(3) Five Cities Fire Authority (FCFA)
(4) Other
(e) COUNCIL MEMBER RAY:
(1) California Joint Powers Insurance Authority (CJPIA)
(2) Economic Vitality Corporation (EVC)
(3) Tourism Committee
(4) Other
14. COUNCIL COMMUNICATIONS
Council Member Harmon stated that given all the other opportunities for public comment during
the meeting that maybe the last public comment period could be removed from the Agenda.
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Council Member Ray moved to eliminate Item 15 from the City Council Agenda and to bring
back on a future agenda an item for discussion regarding agenda management. Council
Member Barneich concurred. Following further discussion, Council Member Ray withdrew her
motion.
15. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Hill invited public comment. Speaking from the public was Patricia Price, who stated she
likes the opportunity to provide public comments at the end of the meeting.
16. CLOSED SESSION
At 9:58 p.m., City Attorney Heather Whitham announced the City Council would adjourn to
closed session to consider the following item:
a) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to
Government Code Section 54956.9(d)(1):
Name of Case: Appeal of CalPERS determination dated January 26, 2017,
(CalPERS ID: 4633639204)
Adjourned to closed session.
16. RECONVENE TO OPEN SESSION:
At 11:14 p.m., the Council reconvened to open session. City Attorney Whitham announced that
there was no reportable action.
ADJOURNMENT
Mayor Hill adjourned the meeting at 11:15 p.m.
____________________________
Jim Hill, Mayor
ATTEST:
____________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg __________)
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