CC 2014-06-10_08.e. Approval of CC Minutes 05-27-14ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 27, 2014
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council Meeting to order at 6:02 p.m.
2. ROLL CALL
City Council: Council Member Kristen Barneich, Council Member Tim Brown, Mayor
Pro Tem Jim Guthrie, and Mayor Ferrara were present. Council Member
Joe Costello was absent.
City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Public
Works Director Geoff English, Director of Administrative Services Debbie
Malicoat, Director of Community Development Teresa McClish, and
Associate Planner Matthew Downing.
3. FLAG SALUTE
Lenny Jones, representing Arroyo Grande Rotary Club, led the Flag Salute.
4. INVOCATION
Pastor Jerry Nelson, Arroyo Grande Seventh Day Adventist Church, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
City Attorney Carmel reported that on Tuesday, May 13, 2014, after meeting in Closed Session
regarding the following item, the Council reconvened into open session and announced that the
City Council had approved a Settlement Agreement between the Arroyo Grande Police Officers’
Association and the City of Arroyo Grande in settlement of the unfair practice charge filed with
the Public Employment Relations Board.
- Conference With Legal Counsel - Existing Litigation pursuant to Government Code
Section 54956.9(d):
Name of Case: Arroyo Grande Police Officer Association v. City of Arroyo Grande
Public Employment Relations Board Case No. LA-CE-822-M
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Mayor Pro Tem 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.
5.c. Mayor Ferrara explained that he and his alternate, Council Member Costello, could not
attend the June 4th San Luis Obispo Council of Governments (SLOCOG) meeting and asked
City Attorney Carmel if an item could be added to the Agenda to appoint a temporary alternate.
City Attorney Carmel responded that under the Brown Act, if there is a need to take immediate
action and that the need for action came to the attention of the City subsequent to the agenda
being posted, the item could be added to the agenda. He noted that due to Council Member
Costello’s absence tonight, a unanimous vote to add the item would be required.
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Action: Mayor Ferrara moved to add an item to the agenda to discuss and appoint a temporary
alternate for the SLOCOG meeting on June 4th. Council Member Brown seconded, and the
motion passed unanimously by voice vote. Mayor Ferrara indicated the matter would be heard
as a part of Agenda Item 13, Council Communications.
6. SPECIAL PRESENTATIONS
6.a. Presentation by San Luis Obispo Council of Governments (SLOCOG) – US 101
Corridor Study.
Jessica Berry, representing SLOCOG, provided a presentation on the US 101 Corridor Mobility
Master Plan.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
No public comments were received.
Council Member Costello arrived to the meeting at 6:18 p.m. and took his place at the dais.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. No public comments were
received.
Council Member Barneich requested Items 8.e. and 8.f. be pulled.
Mayor Ferrara referred to Item 8.i. and noted for the record that a supplemental memorandum
was distributed to Council prior to the meeting which included a modified letter to the County
Board of Supervisors.
Council Member Brown requested that Item 8.h. be pulled.
Action: Council Member Brown moved, and Council Member Barneich seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.e., 8.f., and 8.h.,
with the recommended courses of action. The motion passed on the following roll-call vote:
AYES: Brown, Barneich, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period May 1, 2014 through
May 15, 2014.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the City,
as of April 30, 2014, as required by Government Code Section 53646(b).
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council meeting of May 13, 2014, as
submitted.
8.d. Consideration of Council Appointment to the Architectural Review Committee.
Action: Approved the recommendation of Council Member Brown to appoint Bruce
Berlin to the Architectural Review Committee.
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8.g. Consideration of Temporary Use Permit Case No. 14-006 to Authorize the Use of
City Property and the Closure of City Streets for the 25th Annual Arroyo Valley Car
Club Sunset Cruise on July 25, 2014 and Car Show on July 26, 2014.
Action: Adopted Resolution No. 4587 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 14-006; AUTHORIZING THE USE OF CITY PROPERTY AND THE CLOSURE
OF CITY STREETS FOR THE 25TH ANNUAL ARROYO VALLEY CAR CLUB SUNSET
CRUISE ON JULY 25, 2014 AND CAR SHO ON JULY 26, 2014
8.i. Consideration of Letter to Support the Declaration of Lopez Surplus Water.
Action: Approved and authorized the Mayor to sign a letter regarding the declaration of
Lopez surplus water to the Board of Supervisors with a copy to the Zone 3 Advisory
Board.
8.j. Consideration of Amendment No. 1 to Consultant Services Agreement with Liebert
Cassidy Whitmore.
Action: Approved and authorized the City Manager to execute Amendment No. 1 to the
Consultant Services Agreement with Liebert Cassidy Whitmore for labor negotiation
services.
8.k. Consideration of Amendment No. 1 to Consultant Services Agreement with
Quincy Engineering, Inc.
Action: 1) Authorized the Mayor to execute Amendment No. 1 to the agreement with
Quincy Engineering, Inc. for Phase I – Preliminary Engineering and Environmental
Clearance work on the Bridge Street Bridge project; and 2) Appropriated an additional
$50,000 of Local Highway Bridge Program (HBP) grant funds in the FY 2013-14 capital
improvement program budget for the Bridge Street Bridge project.
ITEMS PULLED FROM THE CONSENT AGENDA
8.e. Consideration of Letter of Support for Land Conservancy of San Luis Obispo
County Pismo Preserve Project.
Recommended Action: Approve and authorize the Mayor to sign a letter of support for
the acquisition of the Pismo Preserve by the Land Conservancy of San Luis Obispo
County.
Council Member Barneich referred to the Land Conservancy’s letter requesting funding for the
project and stated she would like the matter to be considered on a future agenda and would
bring it up for consideration during Council Communications (Item 13).
Action: Council Member Barneich moved to approve and authorize the Mayor to sign a letter of
support for the acquisition of the Pismo Preserve by the Land Conservancy of San Luis Obispo
County. Council Member Brown seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Brown, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
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8.f. Consideration of Capital Improvement Project 14-001: Approval of a Mitigated
Negative Declaration for the Leanna Drive Creek Crossing Waterline Project;
Location – Leanna Drive and Arroyo Grande Creek.
Recommended Action: Adopted a Resolution adopting the Mitigated Negative
Declaration, instructing the City Clerk to file a Notice of Determination (NOD) and
approving design improvements for the Leanna Drive Creek Crossing Waterline project.
In response to questions from Council Member Barneich, staff explained that the hours of
construction could be specified in the mitigation measures and the contract documents, and that
there would be an Inspector on-site at all times during construction work.
Action: Council Member Barneich moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED
NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF
DETERMINATION, AND APPROVING DESIGN IMPROVEMENTS FOR THE LEANNA DRIVE
CREEK CROSSING WATERLINE PROJECT; CAPITAL IMPROVEMENT PROJECT NO. 14-
001; LOCATED AT LEANNA DRIVE AND ARROYO GRANDE CREEK”; and further, that
major construction work would begin no earlier than 8:00 a.m. Council Member Brown
seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Brown, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
8.h Consideration of an Award of Contract to GLR Construction, Inc. for the Police
Station Upgrade Project.
Recommended Action: 1) Award a contract for construction remodel of the Police
Station building to GLR Construction, Inc. in the amount of $1,676,342; 2) Authorize the
City Manager to approve change orders up to 10% of the contract amount, $163,044, for
unanticipated costs during the construction phase of the project; and 3) Appropriate an
additional $69,000 from the General Fund unappropriated fund balance.
In response to questions by Council Member Brown, staff provided an overview of the bid
results and explained why the two apparent low bidders withdrew their bids.
Action: Council Member Brown moved to: 1) Award a contract for construction remodel of the
Police Station building to GLR Construction, Inc. in the amount of $1,676,342; 2) Authorize the
City Manager to approve change orders up to 10% of the contract amount, $163,044, for
unanticipated costs during the construction phase of the project; and 3) Appropriate an
additional $69,000 from the General Fund unappropriated fund balance. Council Member
Barneich seconded, and the motion passed on the following roll-call vote:
AYES: Brown, Barneich, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
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9. PUBLIC HEARINGS
9.a. Consideration of Development Code Amendment Case No. 14-002 regarding
Vacation Rentals and Homestays; Location: Citywide; Applicant – City of Arroyo
Grande.
Associate Planner Downing presented the staff report and recommended the Council introduce
an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code regulating
vacation rentals and homestays. Staff responded to questions from Council.
Mayor Ferrara opened the public hearing.
The following members of the public spoke:
- Jennifer Swift, James Way, in opposition of the proposed ordinance;
- Robin Rinzler, in support of the proposed ordinance;
- Shirley Volpatti, Hillcrest Drive, in support of the proposed ordinance;
- Diane Puhek, in support of the proposed ordinance;
- Audrey Howard, Robin Circle, in opposition of the proposed ordinance;
- Peggy Thayer, SLO resident, in support of the proposed ordinance;
- Doug Gaver, Allen Street, in support of the proposed ordinance;
- Aaron Thompson, Crown Hill, in support of the proposed ordinance;
- Jenny Shaheen, Heritage Lane, in opposition of the proposed ordinance;
- Pete Evans, SLO resident, in support of the proposed ordinance;
- Kathy Johnson, Robin Circle, in opposition of the proposed ordinance;
- Paul Rinzler, Gaynfair, in support of the proposed ordinance;
- Marian Colver, SLO resident, in support of the proposed ordinance;
- John Diaz, Arroyo Grande, in opposition of the proposed ordinance;
- Claire Volner, Arroyo Grande, in support of the proposed ordinance;
- Joe Klamon, in support of the proposed ordinance;
- Andrew Woodard, in support of the proposed ordinance;
- Betty De Paul, Robin Circle in opposition of the proposed ordinance;
- Eve Newhouse, SLO resident, in support of the proposed ordinance;
- Michael Howard, Robin Circle, in opposition to homestays;
- Gay Groomes, Arroyo Grande, in support of the proposed ordinance;
- Walt Bethel, Cardinal Court, in support of the proposed ordinance;
- Catherine Doyle, SLO resident, in support of the proposed ordinance.
Upon hearing no further comments, Mayor Ferrara closed the public hearing.
Mayor Ferrara called for a break at 7:55 p.m. The Council reconvened at 8:10 p.m.
Council questions and discussion ensued regarding application fees, concentration limits, traffic,
parking, and whether or not the ordinance should include a look back provision after one year.
Action: Council Member Brown moved to introduce an Ordinance, entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 16 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING VACATION RENTALS AND
HOMESTAYS”; as modified to include a condition that there would be a 300 linear foot distance
restriction for location of vacation rentals and homestays, and with the provision that there
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would be a minimum of a one year look back unless conditions warrant an earlier review due to
complaints received. Further, to request that educational discussions be provided to vacation
rental and homestay hosts regarding neighborhood sensitivity to parking issues. Council
Member Costello seconded.
Brief discussion ensued clarifying that the 300 linear foot distance restriction is applied in either
direction on the same street; and that staff would provide a monthly report to Council on any
complaints/code enforcement action taken with regard to violations of the vacation rental and
homestay ordinance.
In response to Council discussion, City Attorney Carmel clarified the modifications to the
Ordinance and read them for the record, as follows:
- Adding Condition No. 12 for vacation rentals to read: “Establishment of a Vacation
Rental within 300 feet of an existing Vacation Rental on the same street shall not be
permitted.”
- Changing the existing No. 12 to No. 13.
- Adding Condition No. 10 for homestays to read: “Establishment of a Homestay within
300 feet of an existing Homestay on the same street shall not be permitted.”
- Changing the existing No. 10 to No. 11.
Council Members Brown and Costello confirmed the changes to the ordinance as part of the
motion, and the motion passed on the following roll-call vote:
AYES: Brown, Costello, Barneich, Guthrie, Ferrara
NOES: None
ABSENT: None
Council Member Costello left the meeting at 9:00 p.m.
9.b. Consideration of Request from South County Sanitary Service for Integrated Solid
Waste Collection Rate Increase.
Recommended Action: Adopt a Resolution establishing integrated solid waste
collection service rates.
Administrative Services Director Malicoat introduced Bill Statler, who presented the results of
the rate study and recommended solid waste collection rate increase.
Mr. Statler and Tom Martin, representing South County Sanitary Service, responded to
questions from Council.
Mayor Ferrara opened the public hearing. Upon hearing no comments, Mayor Ferrara closed
the public hearing.
Action: Mayor Pro Tem Guthrie moved to approve “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE ESTABLISHING INTEGRATED SOLID WASTE
COLLECTION SERVICE RATES”. Council Member Barneich seconded, and the motion
passed on the following roll-call vote:
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AYES: Guthrie, Barneich, Brown, Ferrara
NOES: None
ABSENT: Costello
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Repeal of Chapter 9.29 of the Arroyo Grande Municipal Code
Relating to Proximity Restrictions to Children's Facilities for Registered Sex
Offenders.
City Attorney Carmel presented the staff report and recommended the Council introduce an
Ordinance repealing Chapter 9.29 of the Arroyo Grande Municipal Code relating to proximity
restrictions to children’s facilities for registered sex offenders.
Action: Council Member Barneich moved to introduce an Ordinance entitled: “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING
CHAPTER 9.29 OF THE ARROYO GRANDE MUNICPAL CODE RELATING TO PROXIMITY
RESTRICTIONS TO CHILDREN’S FACILITIES FOR REGISTERED SEX OFFENDERS”.
Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
12. CITY COUNCIL REPORTS:
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City’s
appointed representative.
(a) Mayor Ferrara:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Other
(b) Mayor Pro Tem Guthrie:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) California Joint Powers Insurance Authority (CJPIA)
(4) South San Luis Obispo County Sanitation District (Alternate)
(c) Council Member Costello: (ABSENT)
(1) Air Pollution Control District (APCD)
(2) Five Cities Fire Authority (FCFA)
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(d) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
(e) Council Member Barneich:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Coordinating Council (HSOC)
(3) Tourism Committee
13. COUNCIL COMMUNICATIONS
a. Council Member Barneich requested the Council direct staff to place the Land
Conservancy’s funding request letter on the June 10th City Council Agenda for
discussion and consideration.
Action: Council Member Barneich moved to direct staff to place the Land
Conservancy’s funding request on the June 10th City Council Agenda. Mayor Pro Tem
Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Barneich, Guthrie, Brown, Ferrara
NOES: None
ABSENT: Costello
b. Council Member Brown announced that former Council Member Chuck Fellows won 1st
place in his division during the Strawberry Stampede.
c. Mayor Ferrara announced that the Chamber of Commerce will be promoting the Visit
California video and Council will be participating in the video on June 10th at 5:00 p.m.
d. Mayor Ferrara stated he and Council Member Costello, who are the primary and
alternate representatives to SLOCOG, will be out of town for the Jun 4th meeting and he
would like the Council to appoint a temporary alternate to attend the meeting.
Action: Mayor Ferrara moved to appoint Council Member Brown as temporary alternate
for the June 4th SLOCOG meeting. Mayor Pro Tem Guthrie seconded, and the motion
passed unanimously by voice vote, with Council Member Costello absent.
14. STAFF COMMUNICATIONS
City Manager Adams stated that staff would also be participating in the Visit California
promotion video.
15. COMMUNITY COMMENTS AND SUGGESTIONS
None.
16. ADJOURN TO CLOSED SESSION:
Mayor Ferrara invited public comment on the closed session items. No public comments were
received. At 10:05 p.m., Mayor Ferrara adjourned the open session and the Council proceeded
to closed session.
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17. CLOSED SESSION:
a. Conference With Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Designated Representative: Steven Adams, City Manager
Unrepresented Employees: Part-time Employees
b. Conference With Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Designated Representative: Steven Adams, City Manager
Represented Employees: Arroyo Grande Police Officers' Association
c. Conference With Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Designated Representative: Steven Adams, City Manager
Represented Employees: Service Employees International Union, Local 620
18. RECONVENE TO OPEN SESSION
19. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:27 p.m.
_______________________________
Tony Ferrara, Mayor
ATTEST:
_______________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ____________)
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