Minutes 2019-10-08 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 8, 2019
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ray Russom called the City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
City Council: Council Members Keith Storton, Jimmy Paulding, Lan George, Mayor Pro
Tem Kristen Barneich, and Mayor Caren Ray Russom were present.
Staff Present: City Manager Jim Bergman, City Attorney Heather Whitham, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Director of
Public Works Bill Robeson, Police Chief Beau Pryor, and Recreation
Services Director Sheridan Bohiken.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Bill Mihlhauser, representing Kiwanis of Greater Pismo Beach, led the Flag Salute.
5.AGENDA REVIEW
Mayor Ray Russom requested the Council consider reordering the Agenda to consider Item 10.a.
(Temporary Use Permit Case No. 19-011; Authorizing "Halloween in the Village") prior to Item 8
to accommodate the number of people present for Item 10a. The Council concurred.
5.a. Closed Session Announcements.
City Council Meeting of September 24. 2019:
a) Conference with Legal Counsel- Existing Litigation pursuant to Government Code
Section 54956.9(d)(1): 5 Cases
- Name of Case: Santa Maria Valley Water Conservation District v. City of Santa
Maria, et al. and related actions, Santa Clara Superior Court, Case No. CV
770214.
- Name of Case: JC and Elsie Teixiera Family LP et al., Santa Barbara Superior
Court, Case Number 19CV02086
- Name of Case: Kieran L Adam, et al. Santa Barbara Superior Court, Case
Number 19CV02091
- Name of Case: JC and Elsie Teixiera Family Limited Partnership, San Luis
Obispo Superior Court, Case Number 19CV-0230
- Name of Case: Koch California LTD et al., San Luis Obispo Superior Court,
Case Number 19CV-0227
City Attorney Whitham announced that the City Council met in closed session at a Regular
Meeting on September 24, 2019 to discuss the above items, and that there was no reportable
action.
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Tuesday, October 8, 2019
5.b. Ordinances Read in Title Only.
Mayor Pro Tern Barneich moved, Council Member George 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. Honorary Proclamation Recognizing Dick Blankenburg.
Mayor Ray Russom presented an Honorary Proclamation to Dick Blankenburg recognizing his
60 years of dedication and service to the community.
6.b. Honorary Proclamation Declaring October 2019 as Domestic Violence Awareness
Month.
Mayor Ray Russom presented an Honorary Proclamation declaring October 2019 as "Domestic
Violence Awareness Month". Nancy DePue, Board Member for Stand Strong (formerly the
Women's Shelter Program of San Luis Obispo County), accepted the Proclamation.
6.c. Honorary Proclamation Declaring October 6-12, 2019 as Fire Prevention Week.
Mayor Ray Russom presented an Honorary Proclamation declaring October 6-12, 2019 as "Fire
Prevention Week". Five Cities Fire Authority Chief Steve Lieberman, joined by Captain Patrick
Ferguson, Engineer Mark Searby, and Firefighter John Penner, accepted the Proclamation.
6.d. Presentation by Community Development Department Summer Interns from Arroyo
Grande High School.
Arroyo Grande High School students Zach Venzor and Tarek Hariri provided an overview of their
summer intern project in the Community Development Department, which included using their
knowledge and skills in computer science and coding to build a map-based platform for
conceptual business and residential development in the City.
7. COMMUNITY COMMENTS AND SUGGESTIONS
Mayor Ray Russom invited public comment. Speaking from the public were Linda Osty, who
offered an invocation; Gaea Powell, Village Association (VA), regarding the status of the Village
Association's reorganization; Frank Schiro, announced the upcoming 4th Annual Beer Feast to
benefit Meals on Wheels and also expressed appreciation for the sponsorship of the City summer
interns; Linda Busek, announced an upcoming event at the Five Cities Repair Café located at the
Exploration Station in Grover Beach to repair various electronic equipment; Jamie Sanbonmatsu,
regarding the "We Are The Care Initiative" of San Luis Obispo County to address the local child
care crisis; Marcia Alter, announced the upcoming Tiny Footprint Expo which will feature Tiny
Home models; and Lisa Suddarth, commented that she received a ballot for a sound wall for the
freeway and expressed concern that homeowners may not have been properly represented due
to the notice being sent to people who rent.
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Tuesday, October 8, 2019
10. OLD BUSINESS
10.a. Consideration of Temporary Use Permit Case No. 19-011; Authorizing "Halloween
in the Village" on Thursday, October 31, 2019 and Directing Staff to Implement
Related Safety Measures Including No Parking Zones, Street Closures and Warning
Devices; Applicant—Krista Bandy, Hello Village.
City Manager Bergman presented the staff report, recommended that the Council adopt a
Resolution approving Temporary Use Permit 19-011 and appropriate $5,000 from the General
Fund Reserves for the event. Staff responded to questions from Council.
Mayor Ray Russom invited public comment. Speaking from the public were Krista Bandy,
applicant and Village business owner, spoke about the positive aspects of Halloween in the
Village, asked the Council to reconsider the event, and responded to questions from Council;
Joslynn Flowers, read a letter on behalf of Ashley Daoust from Lightning Joe's Guitar Heaven, in
support of Halloween in the Village; Joslynn Flowers, spoke in support of Halloween in the
Village; Stephanie Burkhart; spoke on behalf of the 350 people in a Facebook group who support
Halloween in the Village; Jocelynn Brennan, representing South County Chambers of Commerce,
thanked the Council for its support and presented results of a survey taken regarding Halloween
in the Village which found that a majority of the businesses would like to participate in the event;
Mike Frederick, commended staff and the Council for getting the information out, acknowledged
City budget issues, supported efforts by members of the community who want to help, and offered
to donate financially toward the event; Camay Winston, Village business owner, commented that
her business loses money but the connection to community is a benefit and that she supported
the event; Marty Imes, stated the Halloween in the Village is a key event that draws families and
provides a sense of community; Susan Lintner, spoke in support of the event; Marcia Alter, spoke
in support of the event and offered to help financially; Lisa Suddarth, spoke in support the event
and urged the Council to reconsider; and Resident, spoke in support of the event. No further
public comments were received.
Action: Council Member Paulding moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT CASE NO. 19-011 AUTHORIZING "HALLOWEEN IN THE VILLAGE" ON
THURSDAY, OCTOBER 31, 2019 AND DIRECTING STAFF TO IMPLEMENT RELATED
SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES;
APPLIED FOR BYKRISTA BANDY, HELLO VILLAGE". Mayor Ray Russom seconded,and the
motion passed on following roll call vote:
AYES: Paulding, Ray Russom, Storton, George, Barneich
NOES: None
ABSENT: None
Mayor Ray Russom called for a break at 8:14 p.m. The Council reconvened at 8:20 p.m.
8. CONSENT AGENDA
Mayor Ray Russom asked the Council if they had any questions or would like to pull any items
for further discussion.
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Tuesday, October 8, 2019
Mayor Pro Tern Barneich referred to Item 8.a. (Cash Disbursements)and asked about the$4,600
expense for the bomb taskforce for FY 19-20. City Manager Bergman explained that the City
participates in a Countywide effort to have a bomb taskforce which is managed by the San Luis
Obispo County Sheriff and consists of members from all police agencies in the County.
Mayor Ray Russom referred to Item 8.d. (Award of Contract to Ferravanti Grading & Paving for
Construction of the 2019 Street Repairs Project) as it relates to the funding and the project
schedule during the holiday season. Following staff and Council discussion, Mayor Ray Russom
requested this item be pulled for separate consideration.
Council Member Paulding referred to Item 8.i.(Resolution Authorizing the City Manager to Submit
an Application for the SB2 Planning Grants Program) and requested that the grant application
include accessory dwelling units as a component for the funding, and asked about the timeframe
for the City's Housing Element Update. City Manager Bergman stated that staff would include
accessory dwelling units as a very important part of creating more affordable housing in the City,
and stated that the Housing Element Update is just starting, that selection of a consultant would
be forthcoming to the Council, and that the City is working closely with Grover Beach to coordinate
efforts.
Mayor Ray Russom also referred to Item 8.i. as it relates to Rezone to Permit By-Right(rezoning
for significant additional housing capacity without, or lesser, discretionary review) and stated that
extensive public outreach will need to be done on the front end and not just have it come forth as
part of the Housing Element Update.
Mayor Ray Russom invited public comment on the consent agenda items. No public comments
were received.
Mayor Ray Russom pulled Item 8.d. to be heard after Item 11.
Action: Mayor Ray Russom moved, and Mayor Pro Tem Barneich seconded the motion to
approve Consent Agenda Items 8.a. through 8.i., with the exception of Item 8.d., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Barneich, Paulding, Storton, George, Ray Russom
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period September 16, 2019
through September 30, 2019.
8.b. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of September 24,
2019, as submitted.
8.c. Consideration of Cancellation of the December 24, 2019 City Council Meeting.
Action: Cancelled the regularly scheduled Council meeting of December 24, 2019 due to
the holiday.
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Tuesday, October 8, 2019
8.e. Consideration of Acceptance of the Lift Station No. 1 Force Main Replacement
Project, PW 2017-07.
Action: 1) Accepted the project improvements as constructed by Lyles Utility
Construction, LLC in accordance with the plans and specifications for the Lift Station No.
1 Force Main Replacement project, PW 2017-07; 2) Directed staff to file a Notice of
Completion; and 3)Authorized release of retention,thirty-five (35)days after the Notice of
Completion has been recorded, if no liens have been filed.
8.f. Consideration of Acceptance of the 2019 Concrete Repairs Project, PW 2019-02.
Action: 1) Accepted the project improvements as constructed by CalPortland
Construction in accordance with the plans and specifications for the 2019 Concrete
Repairs Project, PW 2019-02; 2) Directed staff to file a Notice of Completion; and
3)Authorized release of retention, thirty-five (35) days after the Notice of Completion has
been recorded, if no liens have been filed.
8.g. Consideration of Time Extension 19-007; One Year Time Extension in Accordance
with the Arroyo Grande Municipal Code; Location — 1271 and 1281 James Way;
Applicant—Russ Sheppel; Representative—James Coleman;Steadfast Companies.
Action:Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR TIME EXTENSION FOR
AMENDED CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, AND LOT LINE
ADJUSTMENT 16-001 (TIME EXTENSION 19-007);APPLIED FOR BY RUSS SHEPPEL;
LOCATED AT 1271 & 1281 JAMES WAY".
8.h. Consideration of a Contract Services Agreement with Quincy Engineering, Inc. to
Include Engineering Design and Environmental Services for the Traffic Way Bridge
Replacement Project.
Action: Approved and authorized the Mayor to execute a Contract Services Agreement
with Quincy Engineering, Inc. in the amount of $1,237,398 for engineering design and
environmental services on the Traffic Way Bridge Replacement Project.
8.1 Consideration of a Resolution Authorizing the City Manager to Submit an
Application for the SB2 Planning Grants Program (Staff Project 19-005).
Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE AUTHORIZING SUBMITTAL OF AN APPLICATION
FOR SB2 PLANNING GRANT PROGRAM FUNDS AND EXECUTION OF ANY
NECESSARY AGREEMENTS FOR THE USE OF GRANT FUNDS".
9. PUBLIC HEARINGS
None.
10. OLD BUSINESS
10.b. Consideration to Approve Construction Plans and Specifications, Authorize the
Solicitation of Bids, and Approve an Eighth Amendment to Agreement for
Consultant Services with Quincy Engineering, Inc. for the Bridge Street Bridge
Rehabilitation Project, PW 2020-01.
Recommended Action: 1)Approve the construction plans&specifications for the Bridge
Street Bridge Rehabilitation Project, PW 2020-01; 2)Authorize the City Clerk to advertise
for construction bids; 3) Approve and authorize the Mayor to execute an Eighth
Amendment to the Agreement for Consultant Services("Eighth Amendment")with Quincy
Engineering, Inc. for design support services during construction of the subject project.
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Tuesday, October 8, 2019
City Manager Bergman provided introductory comments and introduced Mark Reno from Quincy
Engineering who gave a presentation of the Bridge Street Bridge Rehabilitation project, including
an environmental overview; an overview of all the public workshops and meetings that were
conducted; provided a project update with completed tasks, what tasks are currently underway,
and next steps; reviewed planned construction activities as it relates to the work zone, traffic
detours, and road closure; and reviewed the project schedule planned to begin in March 2020
and be complete in December 2020. Mr. Reno and staff responded to questions from Council.
Mayor Ray Russom invited public comment. No public comments were received.
Action: Mayor Ray Russom moved to: 1)Approve the construction plans & specifications for the
Bridge Street Bridge Rehabilitation Project, PW 2020-01; 2) Authorize the City Clerk to advertise
for construction bids; 3) Approve and authorize the Mayor to execute an Eighth Amendment to
the Agreement for Consultant Services ("Eighth Amendment") with Quincy Engineering, Inc. for
design support services during construction of the subject project. Council Member George
seconded, and the motion passed on following roll call vote:
AYES: Ray Russom, George, Paulding, Storton, Barneich
NOES: None
ABSENT: None
11. NEW BUSINESS
None.
ITEMS PULLED FROM THE CONSENT AGENDA
8.d. Consideration of an Award of Contract to Ferravanti Grading & Paving for
Construction of the 2019 Street Repairs Project, PW 2019-01.
Recommended Action: 1) Award a contract for the 2019 Street Repairs Project to
Ferravanti Grading & Paving in the amount of $936,275.90; and 2) Authorize the City
Manager to approve change orders for 10% of the contract amount, $93,627.59, for
unanticipated costs during the construction phase of the project.
Director Robeson explained how the project is funded, explained that funds not spent from prior
capital improvement projects are carried over to the next fiscal year to fund future projects, and
explained the timing for work on the W. Branch Street segment to avoid the shopping center
during the holiday season.
Action: Mayor Ray Russom moved to: 1)Award a contract for the 2019 Street Repairs Project to
Ferravanti Grading & Paving in the amount of$936,275.90; and 2)Authorize the City Manager to
approve change orders for 10%of the contract amount, $93,627.59,for unanticipated costs during
the construction phase of the project. Council Member Storton seconded, and the motion passed
on following roll call vote:
AYES: Ray Russom, Storton, Paulding, George, Barneich
NOES: None
ABSENT: None
Minutes: City Council Meeting Page 7
Tuesday, October 8, 2019
12. COUNCIL COMMUNICATIONS
Council Member Storton announced that several members of the Council will be attending the
upcoming Annual League of California training conference.
Mayor Ray Russom announced that on Wednesday, October 16th at 10:30 am, she will hosting a
community coffee event with Assemblyman Cunningham at Café Andreini's and invited members
of the public to attend.
Mayor Pro Tern Barneich announced Coffee with a Cop will be held at Café Andreini's at 8:00 am
on October 26th, and also announced the next Senior Tech Clinic will be held on the same day in
the Council Chambers from 10-11:30 am.
Council Member George referred to a local commercial promoting 2-1-1 and stated that residents
can dial 2-1-1 for all non-emergency needs.
Council Member Paulding commended the Five Cities Fire Authrority for their quick response
today to a recent brush fire near Strother Park.
13. CLOSED SESSION
At 9:06 p.m., City Attorney Whitham announced the City Council would adjourn to closed session
to consider the following:
a) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION.
Significant exposure to litigation pursuant to paragraph (2)of subdivision (d)of Section
54956.9: One potential case
The City received a Notice of Violation of the California Voting Rights Act.
b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government
Code Section 54956.8:
Property: 400 Old Ranch Road, APN 007-011-056
Agency negotiators: James Bergman, City Manager; Teresa McClish, Community
Development Director
Negotiating parties: Kamla Hotels Inc. and The Mian Companies
Under negotiation: Price and terms of payment
Adjourned to Closed Session
14. RECONVENE TO OPEN SESSION
At 10:51 p.m., the meeting was reconvened to open session. City Attorney Whitham announced
that for Item a., the Council directed staff to bring forth an item for consideration to adopt a
Resolution declaring the Council's intent to transition from at-large to district-based elections with
an elective Mayor; and for Item b., there was no reportable action.
14. ADJOURNMENT
There being no further business to come before the City Council, Mayor Ray Russom adjourned
the meeting at 10:52 p.m.
Minutes: City Council Meeting Page 8
Tuesday, October 8, 2019
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Caren Ra Ru ;11 , Mayor
ATTEST!
Kellet e, City Clerk
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