CC 2014-08-26_08.d. Approval of CC Minutes 08-12-14ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 12, 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 6:00 p.m.
2. ROLL CALL
City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council
Member Joe Costello, Mayor Pro Tem Guthrie and Mayor Ferrara were
present.
City Staff Present: City Manager Steven Adams, Assistant City Attorney David Hirsch,
Deputy City Clerk Kitty Norton, Chief of Police Steven Annibali, Director of
Administrative Services Debbie Malicoat, Director of Community
Development Teresa McClish, Building Official Johnathan Hurst, and
Associate Planner Matt Downing.
3. FLAG SALUTE
Margaret Schultz, representing the Exchange Club, led the Flag Salute.
4. INVOCATION
Dr. Gunther Mayer-Harnisch, Bahai Faith, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
Mayor Ferrara reported that on Tuesday, July 8, 2014, after meeting in Closed Session
regarding the following items, the Council reconvened into open session and announced that no
reportable action was taken:
- Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Attorney
- Conference With Labor Negotiator pursuant to Government Code Section
54957.6:
Agency Designated Representative: City Manager
Unrepresented Employee: City Attorney
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Council Member Costello 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
None.
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7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Dale Hanson spoke concerning the use of the Council Member title outside of City business;
Lucas Castellino spoke regarding his Eagle Scout project, which is a flag drop box that is open
to the public for retired flags located at the American Legion Post 136 building at 417 Orchard
Avenue.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. No comments were received.
Council Member Barneich pulled Item 8.k., and Council Member Brown pulled item 8.j.
Action: Council Member Barneich moved, and Council Member Costello seconded the motion
to approve Consent Agenda Items 8.a. through 8.o., with the exception of Items 8.k. and 8.j.,
with the recommended courses of action. The motion passed on the following roll-call vote:
AYES: Barneich, Costello, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period July 1, 2014 through
July 31, 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 June 30, 2014, as required by Government Code Section 53646(b).
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of July
8, 2014, as submitted.
8.d. Consideration of Resolution Declaring Surplus Property.
Action: Adopted Resolution No. 4615 entitled: “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ARROYO GRANDE DECLARING CERTAIN PROPERTY AS
SURPLUS AND AUTHORIZING ITS DISPOSAL AND/OR DONATION”.
8.e. Consideration of Council Appointments to the Planning Commission and
Architectural Review Committee.
Action: 1) Approved the recommendation of Council Member Barneich to appoint Lan
George to the Planning Commission; and 2) Approved the recommendation of Council
Member Barneich to appoint Mary Hertel to the Architectural Review Committee,
contingent upon the appointment of Lan George to the Planning Commission.
8.f. Consideration of Sale of Parcel 007-011-052 on Old Ranch Road.
Action: Approved the Vacant Land Purchase Agreement and Joint Escrow Instructions
for sale of Parcel 007-011-052 (Old Ranch Road Lot #1) for $289,000.
8.g. Consideration of Agreement for Legal Services.
Action: Approved the revised Agreement for Legal Services with Carmel & Naccasha.
8.h. Consideration of Eliminating the Waiver of Utility Fees for the South County
Historical Society.
Action: 1) Approved eliminating the waiver of water and sewer costs for South County
Historical Society facilities on City property and direct the City Manager to notify the
South County Historical Society in writing; and 2) Approved funding for installation of
water conservation irrigation retrofits on the properties.
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8.i. Consideration of Temporary Use Permit 14-012 Authorizing Closure of City Streets
and Use of City Property for the 77th Annual Arroyo Grande Valley Harvest
Festival, Friday and Saturday, September 26-27, 2014.
Action: Adopted Resolution No. 4616 entitled: “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 14-012, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY
PROPERTY FOR THE 77th ANNUAL ARROYO GRANDE VALLEY HARVEST
FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 26-27, 2014”.
8.l. Consideration of an Award of Contract to American Asphalt South, Inc. for
Construction of the 2014 Street Resurfacing Project, PW 2014-04.
Action: 1) Awarded a contract for the 2014 Street Resurfacing Project to American
Asphalt South, Inc. in the amount of $286,104; 2) Authorized the City Manager to
approve change orders for 10% of the contract amount, $28,610 for unanticipated costs
during the construction phase of the project; and 3) Directed the City Clerk to file a
Notice of Exemption.
8.m. Consideration of an Award of Contract to Crosno Construction, Inc. for the
Reservoir No. 3 Exterior Recoating Project, PW 2014-13.
Action: 1) Awarded a contract for the subject project to Crosno Construction, Inc. in the
amount of $59,000; 2) Authorized the City Manager to approve change orders for 20% of
the contract amount, $11,800 for unanticipated costs during the construction phase of
the project; and 3) Directed the City Clerk to file a Notice of Exemption.
8.n. Consideration of an Award of Contract to V. Lopez Jr. & Sons General Engineering
Contractors, Inc. for Construction of the Leanna Drive Creek Crossing Waterline
Project, PW 2013-11 and an Amendment to Consultant Services Agreement with
Cannon Corporation for Inspection and Monitoring.
Action: 1) Awarded a contract for the subject project to V. Lopez Jr. & Sons General
Engineering Contractors, Inc. in the amount of $165,578; 2) Authorized the City Manager
to approve change orders for 20% of the contract amount $33,116 for unanticipated
costs during the construction phase of the project; and 3) Approved a First Amendment
to the Agreement for Consultant Services with Cannon Corporation to increase the “not
to exceed” amount by $30,900 to perform inspection and environmental monitoring
services during construction operations.
8.o. Consideration to Approve the Purchase of a Backup Pump and Motor for Sewer
Lift Station No. 1.
Action: Approved the purchase of a back up submersible pump/motor for Sewer Lift
Station No. 1 in the amount of $30,000.
ITEMS PULLED FROM THE CONSENT AGENDA
8.k. Consideration of Truck Parking Restrictions Along Bell Street, Faeh Avenue to
Bennett Avenue and on Bennett Avenue, Bell Street to El Camino Real.
Recommended Action: Adopt a Resolution creating a “No Truck Parking” zone on both
sides of Bell Street from Faeh Avenue to Bennett Avenue and on Bennett Avenue from
Bell Street to El Camino Real; and removal of parking restrictions on the south side of El
Camino Real between Faeh Avenue and Bennett Avenue.
Staff responded to questions by Council Member Barneich regarding parking.
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Action: Council Member Barneich moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A “NO TRUCK
PARKING” ZONE ON CERTAIN AREAS OF BELL AND BENNETT STREETS”. Council
Member Costello seconded, and the motion passed on the following roll call vote:
AYES: Barneich, Costello, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
8.j. Consideration of an Amendment to Consultant Services Agreement with Omni-
Means for On-Call Engineering Consultant Services Related to Traffic and
Circulation.
Recommended Action: Approve Amendment No. 3 to the Agreement with Omni-Means
for on-call traffic and circulation engineering consultant services.
Staff responded to questions by Council Member Brown regarding the contract process.
Action: Council Member Brown moved to approve Amendment No. 3 to the Agreement with
Omni-Means for on-call traffic and circulation engineering consultant services. Council Member
Barneich seconded, and the motion passed on the following roll call vote:
AYES: Brown, Barneich, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS
Mayor Ferrara declared a conflict of interest due to ownership of real property near the project,
stepped down from the dais and left the room. Mayor Pro Tem Guthrie took over as Presiding
Officer.
10.a. Continued Consideration of Pre-Application No. 14-002; General Plan Amendment,
Specific Plan Amendment, Tentative Tract Map and Conditional Use Permit for
Subdivision of Two (2) Commercial Parcels into Forty-Two (42) Residential Lots,
One (1) Common Area Lot, and Two (2) Commercial Lots; Location: Southwest
Corner of East Grand Avenue and South Courtland Street; Applicant: MFI Limited
& NKT Commercial.
Associate Planner Downing presented the staff report and recommended that the Council
review the conceptual plans and provide comments to the applicant. Staff responded to
questions from Council.
Mayor Pro Tem Guthrie invited public comment. Speaking from the public were Debbie Rudd
and Scott Martin of RRM Design Group; and Nick Tompkins, applicant for the project.
Council Member Barneich suggested eliminating the second driveway; favored modern
buildings for the commercial component; favored mid-century modern style for the residential
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component; favored smaller residential units above the businesses; and commented she would
favor affordable residential units.
Discussion ensued regarding the center driveway in relation to the bus stop nearby.
Council Member Costello commented on the pedestrian orientation within the project and
favored the center driveway; favored the mixed-uses with residential units above both buildings;
favored patio seating on Grand Avenue, and favored the proposed mid-century style.
Council Member Brown expressed concern with the General Plan amendment and that the
project is revenue neutral; however, he favored detached housing and the project overall.
Mayor Pro Tem Guthrie provided favorable comments for the overall project; favored the front
and side yards; favored the modern style architecture; supported elimination of the center
driveway; and favored the interior patio.
City Manager Adams provided a summary of staff’s involvement with the project.
No formal action was taken on this item.
Mayor Pro Tem Guthrie called for a break at 7:52 p.m. The Council reconvened at 8:04 p.m.
Mayor Ferrara returned to the dais.
11. NEW BUSINESS
11.a. Consideration of a Resolution Upholding the Appeal of the Decision of the San
Luis Obispo County Health Department, Thereby Approving the Pool Plans
Submitted by Best Western Casa Grande Inn.
Community Development Director McClish presented the staff report and recommended that the
Council adopt a Resolution upholding an appeal of the decision of the San Luis Obispo County
Health Department, thereby approving the swimming pool plans submitted by the Best Western
Casa Grande Inn. Building Official Hurst explained the construction that had taken place and
the his interpretation of the Building Code.
Curt Batson, Director of Environmental Health representing the County Health Officer, explained
reasons for the denial of the project.
Ray Bunnell, owner of the Best Western Casa Grande Inn, stated that he would remove
boulders on either side of the waterfall.
Council questions of the appellant ensued.
Mayor Ferrara invited public comment. Speaking from the public was Gail Lightfoot, inquiring
whether an Emergency Medical Technician (EMT) could safely administer CPR.
Building Official Hurst provided an interpretation of the relevant Code.
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Council questions and comments ensued.
Assistant City Attorney Hirsch suggested modifying the Resolution by adding language to the
action clause as follows: “NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Arroyo Grande hereby upholds the appeal and approves the Best Western pool plans
subject to removal of the rocks on either side of the waterfall consistent with the appellant’s
testimony at the hearing.”
Action: Council Member Costello moved to adopt a Resolution entitled: “RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF
THE DECISION OF THE SAN LUIS OBISPO COUNTY HEALTH DEPARTMENT, THEREBY
APPROVING THE POOL PLANS SUBMITTED BY BEST WESTERN CASA GRANDE INN”
as amended, to include the additional language regarding the removal of the rocks on either
side of the waterfall consistent with the appellant’s testimony at the hearing. Council Member
Brown seconded, and the motion passed on the following roll call vote:
AYES: Costello, Brown, Ferrara
NOES: Guthrie, Barneich
ABSENT: None
11.b. Consideration of Alternatives to Address Complaints Regarding Late Evening
Noise and Disruptions in the Village.
Police Chief Annibali presented the staff report and recommended that the Council: 1) Direct
staff to prepare an ordinance that prohibits outdoor amplified noise after 10:00 p.m. and amends
nuisance abatement procedures to provide the Police Department increased authority to
address complaints; and 2) Appropriate $2,500 for costs related to research and preparation of
the ordinance. Staff responded to questions from Council.
Mayor Ferrara invited public comment. Hearing none, Mayor Ferrara closed the public
comment period.
Action: Council Member Costello moved to: 1) Direct staff to prepare an ordinance that
prohibits outdoor amplified noise after 10:00 p.m. and amends nuisance abatement procedures
to provide the Police Department increased authority to address complaints; and 2) Appropriate
$2,500 for costs related to research and preparation of the ordinance; and 3) Directed staff to
work with Fire Authority and Building Division to enforce the building occupancy regulations.
Council Member Barneich seconded, and the motion passed on the following roll call vote:
AYES: Costello, Barneich, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
11.c. Consideration of an Ordinance Amending Section 3.08.020.E of the Arroyo Grande
Municipal Code Regarding Bidding Thresholds Under the Uniform Public
Construction Cost Accounting Act.
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Community Development Director McClish presented the staff report and recommended that the
Council introduce an ordinance amending Section 3.08.020.E of the Arroyo Grande Municipal
Code regarding bidding thresholds under the Uniform Public Construction Cost Accounting Act.
Mayor Ferrara invited public comment. Hearing none, Mayor Ferrara closed the public
comment period.
Action: Council Member Costello moved to introduce an ordinance entitled: “AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION
3.08.020.E OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING BIDDING
THRESHOLDS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING
ACT”. Council Member Barneich seconded, and the motion passed on the following roll call
vote:
AYES: Costello, Barneich, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
12. COUNCIL COMMUNICATIONS
Council Member Brown requested that Housing Element and HCD (State Department of
Housing and Community Development) requirements to meet housing quotas that have been
developed be placed on a future agenda. City Manager Adams advised that the Draft Housing
Element is tentatively scheduled to be discussed at the September 9th City Council meeting.
Council Member Guthrie requested that staff investigate whether purple pipe for recycled water
can be put in the roadways when they are cut into by Phillips 66 and possibly the Gas
Company. City Manager Adams stated that staff has been looking into it and will bring potential
costs to Council in the near future.
Mayor Ferrara thanked the Arroyo Grande in Bloom volunteers for their work cleaning up the
area around the monument sign on Valley Road and Los Berros Road.
13. STAFF COMMUNICATIONS
City Manager updated the Council on the surplus water issue.
14. COMMUNITY COMMENTS AND SUGGESTIONS
None.
15. ADJOURN TO CLOSED SESSION:
Mayor Ferrara invited public comment on the closed session items. No public comments were
received. At 9:29 p.m., Mayor Ferrara adjourned the open session and the Council proceeded
to closed session.
16. CLOSED SESSION:
a. 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
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17. RECONVENE TO OPEN SESSION
Announcements, if any, will be made at the next scheduled meeting on August 26, 2014.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:13 p.m.
_____________________________
Tony Ferrara, Mayor
ATTEST:
______________________________
Kitty Norton, Deputy City Clerk
(Approved at CC Mtg ____________)
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